The Board has reopened the veteran's claims for service connection for heart disease and shortness of breath due to tobacco use in service, as well as nicotine dependence. However, these claims are denied on their merits because they were filed after June 9, 2001, which bars benefits based on the effects of tobacco products.
The deciding factor: The veteran's claims for service connection were filed after June 9, 2001, and thus are barred due to a statutory bar for claims based on the effects of tobacco products.
- Claimed conditions
- heart disease, shortness of breath
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2004
- Citation
- 0402613
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0402613.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Board dismissed the claims for service connection for bilateral hearing loss, hypertension, and shortness of breath as untimely. The claim for a back disability was remanded for further development.
- Partly granted
The Board granted service connection for a chronic undiagnosed illness manifested by bilateral leg pain, bilateral hand tremors, sinus problems, shortness of breath and recurrent transient ear noise due to Gulf War service. Service connection was denied for CFS.
- Remanded (sent back)
The Board remands the claims for service connection for multiple conditions due to a need for additional development, including obtaining medical opinions considering all toxic exposure risk activities (TERAs) under the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxins Act of 2022.
- Partly granted
The Board granted service connection for right and left ankle disabilities, a skin rash, and denied service connection for bilateral hearing loss, shortness of breath, PTSD, OSA, cervical spine disability, lumbar spine disability, knee disabilities, CPS, and earlier effective dates.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.