Ask Your VA Claims Questions | Read Current Posts
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
- 0
ptsd For All You Smokers
Rate this question
-
Similar Content
-
- 0 comments
- 965 views
-
- 0 replies
- 341 views
-
- 3 answers
- 323 views
-
- 0 comments
- 1,096 views
-
- 0 replies
- 362 views
-
Question
free_spirit_etc
My husband's claim for lung cancer was NOT based on trying to establish a seconday connection from nicotine dependence developed in service. It is based on asbestos exposure and the fact the cancer began in the service.
However, as he had been a smoker - I have kept an eye on the way the Va handles the cases for smokers. Specifically how they are applying the regulation where they can't grant service connection as secondary to smoking, but can grant service connection for conditions that were caused (in whole or part) by smoking on some OTHER basis - for example in service occurance or asbestos exposure.
(i.e. so they can NOT deny a claim simply because you smoked - they just can't grant SC BECAUSE ou smoked).
I just looked up how they were treating the DIC claims on the issue - since they tend to treat the DIC claims a little differently on this issue -- and came across this one.
I know I had read where though they can't grant SC for tobacco related conditions based on nicotene dependence developed during the service - they CAN grant SC for tobacco related conditions based on nicotene dependence that was CAUSED by ANOTHER service connected condition.
In essence - if your PTSD CAUSED you to smoke (even if you started smoking AFTER the service) the resulting conditions can be granted SC.
Here is a BVA decision where they are following through with that idea
http://www.va.gov/vetapp07/files1/0700083.txt
Accordingly, based on the entire record of evidence, and with
resolution of all reasonable doubt in the appellant's favor,
the Board concludes that the veteran's service-connected PTSD
played a material causal role in his continued use of tobacco
products after service, that his smoking played a material
causal role in the development of the veteran's fatal lung
cancer, and that the lung cancer would not have occurred but
for the tobacco use associated with his PTSD. Therefore, the
requirements of service connection for the cause of the
veteran's death have been met.
ORDER
Service connection for the veteran's cause of death is
granted, subject to the laws and regulations governing the
payment of monetary benefits.
Link to comment
Share on other sites
Top Posters For This Question
1
1
1
Popular Days
Jul 15
2
Jul 14
1
Top Posters For This Question
john999 1 post
Berta 1 post
free_spirit_etc 1 post
Popular Days
Jul 15 2007
2 posts
Jul 14 2007
1 post
2 answers to this question
Recommended Posts