The veteran's claims for service connection for a pulmonary disorder and coronary artery disease, both attributed to inservice tobacco use, were denied as the law does not allow for such claims after June 9, 1998.
The deciding factor: Service connection may not be granted on the basis that a disability is attributable to the use of tobacco products during service due to a specific statutory prohibition effective after June 9, 1998.
- Claimed conditions
- pulmonary disorder, to include as a residual of inservice tobacco use, coronary artery disease, as a residual of inservice tobacco use
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 31, 2008
- Citation
- 0810508
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.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Granted
The Board granted service connection for obstructive sleep apnea, diabetes mellitus, type II, left eye diabetic retinopathy, left foot diabetic peripheral neuropathy, right foot diabetic peripheral neuropathy, and coronary artery disease, as well as the Veteran's cause of death.
- Remanded (sent back)
The Board remands the claim for service connection for coronary artery disease to correct duty to assist errors, as there are no adequate medical opinions of record.
- Granted
The Veteran's service-connected coronary artery disease, vascular headaches, and cerebrovascular accident with left eye vision problem rendered him unable to secure and follow substantially gainful employment from April 1, 2015 to May 28, 2018.
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.