The Board denied service connection for the cause of the veteran's death due to his nicotine dependence, which led to COPD and other conditions that contributed to his death. The appellant is therefore not eligible for DIC benefits.
The deciding factor: Service connection for the cause of the veteran's death was denied because the COPD was a result of his service-connected nicotine dependence, and he used tobacco products during service, making him ineligible under 38 U.S.C. § 1103(a).
- Claimed conditions
- Nicotine Dependence, Chronic Obstructive Pulmonary Disease (COPD), Right Lung Cancer
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 5, 2006
- Citation
- 0631292
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 0631292.
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 asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
- Partly granted
The Board granted service connection for COPD as secondary to diabetes and denied increased ratings for peripheral neuropathy conditions, while dismissing claims related to upper extremity neuropathy.
- Denied
The Board denied the Veteran's appeal for a higher level of special monthly compensation (SMC) as he does not meet the criteria for an increased rate based on his service-connected disabilities.
- Granted
The Board granted an initial 60 percent rating for COPD, resolving all reasonable doubt in the Veteran's favor.
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.