The Board denied the claim that chronic obstructive lung disease, which was a contributory cause of death on the veteran's death certificate, was proximately due to nicotine dependency acquired during active military service.
The deciding factor: The decision in Kane v. Principi, 17 Vet. App. 97 (2003) prohibits granting service connection for death or disability resulting from an injury or disease attributable to the use of tobacco products during military service.
- Claimed conditions
- Chronic obstructive lung disease
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 27, 2004
- Citation
- 0423887
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 0423887.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
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- Remanded (sent back)
The Board has ordered a remand to determine if the Veteran's cause of death, chronic obstructive lung disease, is related to his military service.
- Granted
The Board has determined that the Veteran's cause of death, which was listed as Parkinsonism, is presumed to be related to his in-service exposure to herbicide agents while serving in the Republic of Vietnam. As such, the requirement for a medical nexus and a compensable rating under 38 C.F.R. § 3.307(a)(6)(ii) are met.
- Remanded (sent back)
The Board has remanded the case due to inadequate analysis of the appellant's testimony regarding the Veteran’s malaria symptoms and their impact on his death. The VA examiner is requested to provide a supplemental opinion considering new evidence submitted by the appellant's representative.
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