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Granted

The Veteran's cause of death was attributed to his nicotine dependence, which is service-connected. However, the VA cannot grant DIC benefits based on tobacco use during service due to a new law enacted after June 9, 1998.

The deciding factor: DIC benefits are barred for causes of death attributable to tobacco products used by the veteran during service, but secondary service connection can still be established if the cause is not directly related to tobacco use.

Claimed conditions
Nicotine Dependence, Coronary Artery Disease (CAD), Claudication of Lower Extremities
How they argued it
Secondary to another service-connected condition
Exposure basis
None
Rating assigned
100%
Decision date
May 11, 2009
Citation
0917513

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 0917513.

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.

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