The Board denied the appellant's claim for service connection for the cause of the veteran's death, finding that COPD, a condition secondary to nicotine dependence in service, was not the principal or contributory cause of death. The decision also noted that the appellant filed her claim after the June 9, 1998 change in law which bars claims based on tobacco use during service.
The deciding factor: The veteran's COPD is secondary to his nicotine dependence in service and was related to his death; however, as the appellant filed her claim for DIC benefits after the June 9, 1998 change in law, she cannot establish service connection due to tobacco use.
- Claimed conditions
- COPD, Heart condition
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 18, 2008
- Citation
- 0843654
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 0843654.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claim for service connection for COPD, finding that there is no evidence of a nexus between his current respiratory disability and active duty service. The VA examiner concluded that the COPD was more likely due to tobacco use rather than asbestos exposure in service.
- Granted
The Board has granted service connection for the cause of the Veteran's death, attributing it to his exposure to Agent Orange during service. COPD is considered a disease associated with such exposure.
- Granted
The Board has determined that new and relevant evidence has been received to reopen the claim of service connection for COPD. The Veteran's COPD is presumed due to exposure to herbicides, but the evidence does not support a finding that it began during active service or is related to in-service exposure.
- Remanded (sent back)
The Veteran's lung condition, including pneumonia residuals, COPD, and emphysema, is remanded for further examination to determine if they are related to his military service. The appeal is reopened based on new evidence.
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