The Board denied the veteran's claim for service connection for pulmonary emphysema due to cigarette smoking during active service as there was no evidence of a respiratory condition in service and no competent medical opinion linking the current condition to service. The new law prohibits service connection for injury or disease resulting from tobacco use.
The deciding factor: The Board found that the veteran's claim is barred by the Internal Revenue Service Restructuring and Reform Act of 1998 (38 U.S.C.A. § 1103), which prohibits service connection for injuries or diseases attributable to tobacco use during service.
- Claimed conditions
- pulmonary emphysema
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 15, 2004
- Citation
- 0406662
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 0406662.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for chronic sinusitis and remanded the claims for COPD, pulmonary emphysema, GERD, hypertension, and hypertensive CKD due to inadequate VA examinations.
- Partly granted
The Board granted the Veteran's applications to reopen claims for service connection for mononucleosis, pulmonary emphysema, and severe tooth loss. The claim for TDIU was denied as moot due to a combined 100% rating.
- Denied
The Board denied service connection for pulmonary emphysema, gastroparesis, and granulomatous hepatitis due to a lack of evidence linking these conditions to the Veteran's military service or toxic exposure. The claim for left ventricular systolic dysfunction was remanded.
- Remanded (sent back)
The Board remands the claims for service connection due to a duty to assist error, requiring adequate medical nexus opinions.
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