Emphysema

[KevinH]

I am trying to find out if I might be eligible for an additional % of disability due to emphysema. As a lot of us I started smoking in the army. Quit some years back but the damage was already done. I was told the a few years back a 10% was automatic if you filed with in time, at the time they said I was a year late. Now the breathing gets a lot harder and the VA has me on some med. Wonder what I need to do to get an increase on my 30% under this problem. Thanks

[Berta]

This successful nicotine dependence claim was filed prior to the statement below the link:

http://www4.va.gov/vetapp03/files/0305407.txt

:On July 22, 1998, the President signed into law a new

provision, codified at 38 U.S.C.A. § 1103, essentially

barring service connection on the basis that a disease or

injury is attributable to the use of tobacco products during

service. However, this provision only applies to claims

filed after June 9, 1998, and therefore does not affect the

appellant's claims."

[Berta]

Did you ever have full body exposure to mustard gas or Lewisite in service?

(Full Body exposure will be found in lists produced by the DOD that VA can verify as well as possible indications in the SMRs)

VA will use any smoking history against these types of claims.A strong IMO however could possibly rule out smoking as the actual etilogy for the emphysema if their had been full body exposure.

§ 3.316 Claims based on chronic effects of exposure to

mustard gas and Lewisite.

(a) Except as provided in paragraph (b)

of this section, exposure to the

specified vesicant agents during active

military service under the circumstances

described below together with the

subsequent development of any of the

indicated conditions is sufficient to

establish service connection for that

condition:

(1) Full-body exposure to nitrogen or

sulfur mustard during active military

service together with the subsequent

development of chronic conjunctivitis,

keratitis, corneal opacities, scar

formation, or the following cancers:

Nasopharyngeal; laryngeal; lung (except

mesothelioma); or squamous cell carcinoma

of the skin.

(2) Full-body exposure to nitrogen or

sulfur mustard or Lewisite during active

military service together with the

subsequent development of a chronic form

of laryngitis, bronchitis, emphysema,

asthma or chronic obstructive pulmonary

disease.

(3) Full-body exposure to nitrogen

mustard during active military service

together with the subsequent development

of acute nonlymphocytic leukemia.

(b) Service connection will not be

established under this section if the

claimed condition is due to the veteran's

own willful misconduct (See § 3.301©)

or there is affirmative evidence that

establishes a nonservice-related

supervening condition or event as the

cause of the claimed condition (See §

3.303).