The Board denied the veteran's claims for service connection and compensation under 38 U.S.C.A. § 1151 for heart attack, stroke, and related illnesses as secondary to his service-connected nicotine dependence due to a prohibition on such claims based on tobacco use during service.
The deciding factor: Service connection is not warranted because the law prohibits it for disability proximately due to or the result of an injury or disease previously service connected on the basis that it is attributable to the veteran's use of tobacco products during service.
- Claimed conditions
- heart attack, stroke, related illnesses
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 9, 2008
- Citation
- 0842294
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. Search VA.gov for the original decision (opens in a new tab) using citation 0842294.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Board denied service connection for asthma, COPD, pancreatitis, stroke, and left arm weakness (claimed as secondary to stroke) based on the presumption of exposure to contaminated water at Camp Lejeune. The evidence did not support a finding that these conditions were related to service or due to in-service exposure.
- Whole decision: Remanded (sent back)
The Board has found that the Veteran meets the basic medical eligibility criteria for PCAFC benefits due to his need for personal care services based on symptoms or residuals of neurological or other impairment or injury. However, further clinical evaluation is needed to determine if participation in the program is in the Veteran's best interest.
- Whole decision: Denied
The Board denied service connection for coronary artery disease, hypertension, and stroke as there was no evidence of herbicide agent exposure during service and the medical opinions were against a nexus to service.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to a need for a medical opinion regarding whether the Veteran's stroke and its residuals are related to his service in Southwest Asia, given the PACT Act provisions.
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