The Board has determined that the appellant's claims are not well-grounded and have been denied for service connection due to tobacco use in service. The veteran had ongoing claims prior to his death, but these were denied as not well grounded.
The deciding factor: The veteran's claims of secondary service connection for emphysema/chronic obstructive pulmonary disease (COPD), postoperative radical prostatectomy due to the bladder cancer, and nicotine dependence are not well-grounded based on tobacco use in service. The Board has remanded the case for further development as per VCAA requirements.
- Claimed conditions
- emphysema/chronic obstructive pulmonary disease (COPD), postoperative radical prostatectomy due to the bladder cancer
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 11, 2005
- Citation
- 0503727
Veterans Law Judge
Decisions by this judge: 1,440 · Granted: 30% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0503727.
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.
- Remanded (sent back)
The Veteran's Parkinson's disease and emphysema/COPD are being remanded for additional development to determine their etiology, including whether they were caused by herbicide agent exposure or if the Parkinson's disease affected vital organs.
- Remanded (sent back)
The Board has remanded the case due to insufficient medical opinions regarding the Veteran's respiratory disability claims, specifically her COPD and asbestosis.
- Denied
The Board denied the veteran's claims for service connection for subacute peripheral neuropathy, emphysema/chronic obstructive pulmonary disease (COPD), and obstructive sleep apnea as they were not shown to be related to his active service or exposure to herbicides.
- Denied
The appellant's combined disability rating is 70%, which does not meet the criteria for special monthly pension based on need for regular aid and attendance or at the housebound rate.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.