U.S. Code » Title 38 » Part PART II— GENERAL BENEFITS › Chapter CHAPTER 11— COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH › Subchapter SUBCHAPTER I— GENERAL

38 U.S.C. § 1103

Special provisions relating to claims based upon effects of tobacco products

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(a) Notwithstanding any other provision of law, a veteran’s disability or death shall not be considered to have resulted from personal injury suffered or disease contracted in the line of duty in the active military, naval, air, or space service for purposes of this title on the basis that it resulted from injury or disease attributable to the use of tobacco products by the veteran during the veteran’s service.(b) Nothing in subsection (a) shall be construed as precluding the establishment of service connection for disability or death from a disease or injury which is otherwise shown to have been incurred or aggravated in active military, naval, air, or space service or which became manifest to the requisite degree of disability during any applicable presumptive period specified in section 1112 or 1116 of this title.(Added Pub. L. 105–178, title VIII, § 8202(a)(1), as added Pub. L. 105–206, title IX, § 9014(a), July 22, 1998, 112 Stat. 865; amended Pub. L. 116–283, div. A, title IX, § 926(a)(6), Jan. 1, 2021, 134 Stat. 3830.)Editorial NotesPrior Provisions

A prior section 1103 was renumbered section 1104 of this title.

Amendments

2021—Pub. L. 116–283 substituted “air, or space service” for “or air service” in subsecs. (a) and (b).

Statutory Notes and Related SubsidiariesEffective Date

Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, see section 9016 of Pub. L. 105–206, set out as an Effective Date of 1998 Amendment note under section 101 of Title 23, Highways.

Pub. L. 105–178, title VIII, § 8202(b), as amended by Pub. L. 105–206, title IX, § 9014(a), July 22, 1998, 112 Stat. 865, provided that: “Section 1103 of title 38, United States Code, as added by subsection (a), shall apply with respect to claims received by the Secretary of Veterans Affairs after the date of the enactment of this Act [June 9, 1998].”

Notes of Decisions
Cited in 19 cases (1 in the last 5 years), 2001–2021 · leading case: Kane v. Principi, 17 Vet. App. 97 (Vet. App. 2003).
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Kane v. Principi, 17 Vet. App. 97 (Vet. App. 2003). · cites it 34× “The Board stated that the appellant's claim for DIC was filed in November 1999, after the June 9, 1998, effective date of 38 U.S.C. § 1103 and 38 C.F.R. § 3.300 and concluded that "Congress has enacted a clear prohibition against granting service connection for death due to the…”
Barney J. Stefl v. R. James Nicholson, 21 Vet. App. 120 (Vet. App. 2007). · cites it 2× “In January 2001, the Board remanded the matter for further development finding 38 U.S.C. § 1103 did not a bar the appellant's theory of service connection based on tobacco use because the section applied only to claims filed after June 9, 1998, and the RO received the…”
Holliday v. Principi, 14 Vet. App. 280 (Vet. App. 2001). · cites it 2× “16 The Court's reading of the language in the effective-date coordination provision is buttressed by similar legislative action by Congress in 1998 in connection with the enactment of 38 U.S.C. § 1103 , relating to claims based upon the effects of tobacco products.”
Arthur D. Roebuck v. R. James Nicholson, 20 Vet. App. 307 (Vet. App. 2006). · cites it 2× “The Board then cited to 38 U.S.C. § 1103 (a), which precludes veterans from being awarded service connection for tobacco-related illnesses attributable to their use of tobacco products in service if their claims are filed after June 9, 1998.”
Viola M. Stoll, Claimant-Appellant v. R. James Nicholson, Sec'y of Vets. Affairs, 401 F.3d 1375 (Fed. Cir. 2005). · cites it 5× “In July 1999, the RO denied Stoll’s DIC claim based on its interpretation of 38 U.S.C. § 1103 (a) 1 that prohibited service connection for a veteran’s death attributable to the use of tobacco products during the veteran’s military service.”
Pamela R. Sheets v. R. James Nicholson, 20 Vet. App. 463 (Vet. App. 2006). · cites it 5× “On appeal, we must decide whether 38 U.S.C. § 1103 precludes a qualified survivor from receiving accrued benefits for a veteran’s tobacco-related disability on the sole basis that the survivor filed her accrued-benefits claim after June 9,1998, the cutoff date for filing…”
200619-94153 (Board of Vet. App. 2021). · cites it 2× “38 U.S.C. § 1103 (a). However, VA's Office of General Counsel has held that neither 38 U.”
Stoll v. Nicholson (Fed. Cir. 2005). · cites it 3× “In July 1999, the RO denied Stoll’s DIC claim based on its interpretation of 38 U.S.C. § 1103 (a)1 that prohibited service connection for a veteran’s death attributable to the use of tobacco products during the veteran’s military service.”
Weiger v. Shinseki, 414 F. App'x 282 (Fed. Cir. 2011). · cites it 2× “Weiger contends that she is entitled to DIC, despite 38 U.S.C. § 1103 (a) — which precludes service connection for “any injury or disease attributable to the use of tobacco products by the veteran during the veteran’s service” — because her husband had been *283 granted service…”
05-10 800 (Board of Vet. App. 2015). · cites it 2× “38 U.S.C.A. § 1103 (a); 38 C.F.R. § 3.300 (a).”
11-17 285 (Board of Vet. App. 2015). · cites it 2× “Importantly, the medical evidence establishes that the Veteran's COPD is more likely caused by his tobacco use. With respect to tobacco-related service connection claims, there is no basis for service connection and the claim must be denied as a matter of law.”
14-36 192 (Board of Vet. App. 2018). “38 U.S.C. § 1103 ; C.F.R. § 3.300. Consideration has been given to the Veteran's contentions that his disability is related to his service and chemical exposure therein.”
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