The Veteran's lung disorder, to include COPD, was not incurred in or aggravated by service. The Board concluded an examination is not needed as the medical evidence indicates the Veteran's respiratory problems are attributable to his long-standing smoking habit.
The deciding factor: Service connection for disability due to use of tobacco products during active service is prohibited by law (38 U.S.C.A. § 1103(a)).
- Claimed conditions
- Lung Disorder (COPD), Stomach Problems
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 18, 2011
- Citation
- 1110912
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. Read the original VA decision (opens in a new tab) using citation 1110912.
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: Remanded (sent back)
The Board has decided to remand the case due to inadequate medical opinions regarding the Veteran's stomach disability. The VA will obtain an addendum opinion from a gastroenterologist to address whether the Veteran's stomach condition is related to service, including exposure to contaminated water and umbilical hernia repair.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for PTSD, Major Depressive Disorder with Panic Disorder, and Stomach Problems due to insufficient evidence. The Veteran needs a VA examination to determine if his psychiatric conditions are related to in-service personal assault and exposure to contaminants at Camp Lejeune.
- Whole decision: Granted
The Veteran's service connection for multiple sclerosis is granted, while his claims for hypertension and other conditions are denied. The lumbar spine disability remains at a 10% rating.
- Whole decision: Denied
The Board has denied the Veteran's claims for service connection for stomach and eye problems, as they are not related to his service or a service-connected disability. The other issues on appeal have been addressed but no rating assigned.
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