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Ptsd And


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Question

This case shows how a service connected condition such as PTSD can cause disability and death.

The widow had private medical opinions and even two fairly negative VA medical opinions did include some support for the claim.

http://www.va.gov/vetapp07/files1/0700083.txt

"The veteran's service-connected PTSD contributed to his

fatal lung cancer in that it played a material causal role in

his use of tobacco products after service. The veteran's use

of tobacco products caused the disease that is directly

linked to the veteran's demise"

"ORDER

Service connection for the veteran's cause of death is

granted, subject to the laws and regulations governing the

payment of monetary benefits"

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I'm sorry. But I have to strongly disagree. PTSD causing death by smoking??? Wow, that's a stretch. An adult has a choice whether or not to light up a ciggy. No one has forced that upon a person.

Adults need to take responsibilty for their own actions which they know have serious negative consequences like smoking, drinking & drugs. Everyone is very aware what self-medicating does.

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I saw and know many cigarette addicts who got their start in the military

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well does that set a precedent . i mean copd ,bronchitis , emphezema,all

lung diseases should be secondary if you are a heavy smoker, and have

ptsd, mental disorders. i mean what goes for one should go for all.

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well does that set a precedent . i mean copd ,bronchitis , emphezema,all

lung diseases should be secondary if you are a heavy smoker, and have

ptsd, mental disorders. i mean what goes for one should go for all.

what i am saying i have a claim for copd and claiming agent orange

as contributing factor , but i know they are probably say smoking

is the cause , i am 30% bi-polar panic attacks and ptsd. so why

cant i make the same claim copd secondary because my 30% sc

caused me to smoke too much due to my nerves.

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You CAn claim that your resulting disability was caused by nicotine addiction due to a form of self medication.

But I suggest anyone filing this type of claim familiarize themselves with similiar claims at the BVA web site and also read over carefully Allen V. Principi.

"In Allen, the Federal Circuit held that 38 U.S.C. § 1110

permits a veteran to receive compensation for an alcohol or

drug abuse disability acquired as secondary to, or as a

symptom of, a veteran's service-connected disability. In

other words, section 1110 does not preclude compensation for

an alcohol or drug abuse disability secondary to a service-

connected disability, or use of an alcohol or drug abuse

disability as evidence of the increased severity of a

service-connected disability. Rather, the statute precludes

compensation only for (a) primary alcohol abuse disabilities,

and (:( secondary disabilities (such as cirrhosis of the

liver) that result from primary alcohol abuse. The Federal

Circuit defined "primary" as meaning an alcohol abuse

disability arising during service from voluntary and willful

drinking to excess."

from:http://www.va.gov/vetapp03/Files/0317388.txt

While Allen does not cover smoking-this BVA decision clearly reveals what I mean :

http://www.va.gov/vetapp08/files4/0828822.txt

The VA will attempt to deny a claim based on smoking habits yet- -with strong medical evidence- this can be overcome.

I know Vietnam vets got cigs with their C rats-my husband said they even got issued cold beers after firefights sometimes -the military itself started the smoking (and probabl;y alcohol addictions) of many many veterans.

Any addiction that -by medical evidence- can be associated with self medication of a SC mental disorder can have residuals that VA must SC under Allen V Principi.

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While its somewhat a u did it to yourself, i was a smoker who quit because of headaches caused by my ptsd the nicotine would instantly bring on a migraine. I still want to smoke but know if i do my head will explode or it at least feels that way

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