The Board has determined that the veteran's nicotine dependence, which existed prior to service but may have increased in severity during service, is proximately due to tobacco use resulting from nicotine dependence incurred in or aggravated by active service. Therefore, the lung disability is granted as secondary to service-connected nicotine dependence.
The deciding factor: The Board found no clear and unmistakable evidence that the veteran's nicotine dependence underwent a chronic increase in severity during service, thus preserving the presumption of soundness for nicotine dependence.
- Claimed conditions
- Lung Disability
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 26, 2006
- Citation
- 0633238
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 0633238.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted an initial 70 percent rating for PTSD, but denied higher ratings for the veteran's low back and cervical spine disabilities. The decision also dismissed appeals for higher ratings of TBI, right shoulder, right wrist, and lung conditions, as well as service connection for bilateral hearing loss and other radiculopathies.
- Granted
The Veteran's PTSD is rated at 70 percent prior to September 13, 2018 and 100 percent from that date. The TDIU claim is granted as of August 6, 2016 and mooted after September 13, 2018.
- Denied
The VA determined that the veteran's current lung disability is not related to his service, including exposure to asbestos. The Board found no evidence of an in-service lung disability and concluded that any current lung condition is not related to military service.
- Partly granted
The Board granted service connection for right lower extremity sciatica associated with the Veteran's service-connected lumbosacral spine strain, but remanded claims for service connection for gastroesophageal reflux disease (GERD) and sleep apnea.
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