Raven Posted February 20, 2006 Share Posted February 20, 2006 Anyone heard anything of alcoholism or alcohol abuse as a secondary to depression? If one had this diagnosis, can health problems caused by alcohol abuse also be secondary (IE liver, etc)? Link to comment Share on other sites More sharing options...
Guest Berta Posted February 20, 2006 Share Posted February 20, 2006 Alcohol abuse Secondary to PTSD- granted: http://www.va.gov/vetapp05/files5/0529097.txt This is a successful widow's DIC claim- alcoholism secondary to anxiety-yet the veteran had sigificant medical evidence of SC depression too-- http://www.va.gov/vetapp96/files1/9607996.txt This statement from a denied BVA claim states what the VA looks for in any disability that may be secondary to SC alcoholism- "Secondary Service Connection Disabilities secondary to alcoholism are not covered by the “willful misconduct” bar. Regulations state that “[o]rganic diseases and disabilities which are a secondary result of the chronic use of alcohol as a beverage, whether out of compulsion or otherwise, will not be considered of willful misconduct origin.” For claims submitted prior to November 1990, disabilities secondary to alcoholism were not covered by the “willful misconduct” bar, and compensation was available. Effective November 1990, however, 38 U.S.C.A. § 1131 was amended for the express purpose of “preclud[ing] payment of compensation for certain secondary effects arising from willful misconduct,” including “injuries or disease incurred during service or the result of ...the abuse of alcohol.” As amended, 38 U.S.C.A. § 1131 now provides that “no compensation shall be paid if the disability is a result of the [appellant’s] own willful misconduct or abuse of alcohol or drugs.” As a result, 38 C.F.R. § 3.301(3)(d) was promulgated to provide that an injury or disease incurred during active duty shall not be deemed to have been incurred in the line of duty if such injury or disease was a result of the abuse of alcohol or drugs by the person on whose service benefits are claimed. As noted, the statutory amendment applies only to claims filed after October 31, 1990. Here, however, the appellant initially asserted claims of entitlement to service connection for liver disease, psychiatric disability, gastritis and peptic ulcer disease, all as secondary to alcoholism, in his Substantive Appeal in support of his claim of entitlement to service connection for alcoholism, which was received by the RO&IC in July 1993. As there is no legal entitlement to service connection on a secondary basis for disabilities arising from the abuse of alcohol, the claims of service connection for liver disease, psychiatric disability, gastritis and peptic ulcer disease are without legal merit. Sabonis. In addition, the Board notes that in April 1996, the Board received a private medical report that was not accompanied by a waiver of consideration by the RO&IC. In a written statement dated in that same month, the appellant’s representative noted this report but did not waive initial RO&IC consideration. Because alcohol dependence is deemed by statute to be the result of willful misconduct and cannot itself be service connected, and because the veteran’s claims for service connection for disabilities as secondary to alcoholism were filed subsequent to November 1990, these claims lack legal merit. " (meaning this specific claim) from: http://www.va.gov/vetapp96/files3/9626118.txt Basically if medical evidence finds any disability from alcoholism is Secondary to another SC disability- then there is potential to service connect the disability from alcohol as secondary. Link to comment Share on other sites More sharing options...
carlie Posted February 20, 2006 Share Posted February 20, 2006 Berta, OK now how about this: Since the BVA is stating, "Therefore, based on the foregoing, the Board concludes that the veteran's sexual dysfunction disorder is proximately due to his service-connected PTSD. Thus service connection for that disorder is warranted." Does this open it up for us females to get granted this same benefit due to our PTSD ? Sexual dysfunction is not limited to reproduction ?? carlie Link to comment Share on other sites More sharing options...
Raven Posted February 20, 2006 Author Share Posted February 20, 2006 I confused So if one drinks like a fish everyday because they have major depression, they can file a claim for SC alcohol abuse as a secondary, and if granted, they do not get compensation ( a 0% rating I guess). And if they are granted SC for alcohol abuse as a secondary, and down the road they have health problems from drinking (liver problems from the abuse), they can also file a claim claiming SC liver problems from alcohol abuse, which was granted as a SC because they are depressed? Would that warrent a rating other that 0% for the liver problems? I hope I did not confuse anyone, just trying to explain my question Link to comment Share on other sites More sharing options...
Guest Jim S. Posted February 20, 2006 Share Posted February 20, 2006 Berta, OK now how about this: Since the BVA is stating, "Therefore, based on the foregoing, the Board concludes that the veteran's sexual dysfunction disorder is proximately due to his service-connected PTSD. Thus service connection for that disorder is warranted." Does this open it up for us females to get granted this same benefit due to our PTSD ? Sexual dysfunction is not limited to reproduction ?? carlie Berta: I'm not trying to say that women whould not be so qualified , I am just trying to put some input to why their may be difficulty in it for a women. The BVA is not ruling on a physical problem with guys plumbing, its that his electrical circuite can not tell the valve to turn on for the delivery mechanism to become a functional device. Another analogy, A fire truck arrive to a fire, the fire chief tells the fire truck pumper attendant to turn on the pumper, but de doesn't, because he doesn't, no water can get to the hose to charge the system for use. If it is shown that the hose can be charged but their is still a delivery problem, I doubt the BVA would have ruled as it did. I gues in a womens case, she would have to show that due to PTSD the delivery recepticle is broken and none usable in the present condition. If it was otherwise found serviceable, then they to might find it diffecult to be awarded. Again, my analogy is not to be argumentative but for open discussion on the problems defending a claim of this nature. Jim S. :P Link to comment Share on other sites More sharing options...
carlie Posted February 21, 2006 Share Posted February 21, 2006 Jim, This is only my opinion. If sex ( because of PTSD ) can't begin in my brain -- taint never gonna happen with my body. If it doesn't work -- it doesn't work -- whether male or female. Any women out there have an opinion on this ? carlie Link to comment Share on other sites More sharing options...
jimlane1949 Posted February 21, 2006 Share Posted February 21, 2006 Alcohol abuse Secondary to PTSD- granted: http://www.va.gov/vetapp05/files5/0529097.txt This is a successful widow's DIC claim- alcoholism secondary to anxiety-yet the veteran had sigificant medical evidence of SC depression too-- http://www.va.gov/vetapp96/files1/9607996.txt This statement from a denied BVA claim states what the VA looks for in any disability that may be secondary to SC alcoholism- "Secondary Service Connection Disabilities secondary to alcoholism are not covered by the “willful misconduct” bar. Regulations state that “[o]rganic diseases and disabilities which are a secondary result of the chronic use of alcohol as a beverage, whether out of compulsion or otherwise, will not be considered of willful misconduct origin.” For claims submitted prior to November 1990, disabilities secondary to alcoholism were not covered by the “willful misconduct” bar, and compensation was available. Effective November 1990, however, 38 U.S.C.A. § 1131 was amended for the express purpose of “preclud[ing] payment of compensation for certain secondary effects arising from willful misconduct,” including “injuries or disease incurred during service or the result of ...the abuse of alcohol.” As amended, 38 U.S.C.A. § 1131 now provides that “no compensation shall be paid if the disability is a result of the [appellant’s] own willful misconduct or abuse of alcohol or drugs.” As a result, 38 C.F.R. § 3.301(3)(d) was promulgated to provide that an injury or disease incurred during active duty shall not be deemed to have been incurred in the line of duty if such injury or disease was a result of the abuse of alcohol or drugs by the person on whose service benefits are claimed. As noted, the statutory amendment applies only to claims filed after October 31, 1990. Here, however, the appellant initially asserted claims of entitlement to service connection for liver disease, psychiatric disability, gastritis and peptic ulcer disease, all as secondary to alcoholism, in his Substantive Appeal in support of his claim of entitlement to service connection for alcoholism, which was received by the RO&IC in July 1993. As there is no legal entitlement to service connection on a secondary basis for disabilities arising from the abuse of alcohol, the claims of service connection for liver disease, psychiatric disability, gastritis and peptic ulcer disease are without legal merit. Sabonis. In addition, the Board notes that in April 1996, the Board received a private medical report that was not accompanied by a waiver of consideration by the RO&IC. In a written statement dated in that same month, the appellant’s representative noted this report but did not waive initial RO&IC consideration. Because alcohol dependence is deemed by statute to be the result of willful misconduct and cannot itself be service connected, and because the veteran’s claims for service connection for disabilities as secondary to alcoholism were filed subsequent to November 1990, these claims lack legal merit. " (meaning this specific claim) from: http://www.va.gov/vetapp96/files3/9626118.txt Basically if medical evidence finds any disability from alcoholism is Secondary to another SC disability- then there is potential to service connect the disability from alcohol as secondary. Will smokers get the nod also? Link to comment Share on other sites More sharing options...
Question
Raven
Anyone heard anything of alcoholism or alcohol abuse as a secondary to depression? If one had this diagnosis, can health problems caused by alcohol abuse also be secondary (IE liver, etc)?
Link to comment
Share on other sites
Top Posters For This Question
2
2
1
1
Popular Days
Feb 20
5
Feb 21
4
Top Posters For This Question
carlie 2 posts
Raven 2 posts
frosty69 1 post
jimlane1949 1 post
Popular Days
Feb 20 2006
5 posts
Feb 21 2006
4 posts
8 answers to this question
Recommended Posts