Berta Posted October 31, 2008 Share Posted October 31, 2008 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" GRADUATE ! Nov 2nd 2007 American Military University ! When thousands of Americans faced annihilation in the 1800s Chief Osceola's response to his people, the Seminoles, was simply "They(the US Army)have guns, but so do we." Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we. Link to comment Share on other sites More sharing options...
purple Posted October 31, 2008 Share Posted October 31, 2008 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. Link to comment Share on other sites More sharing options...
HadIt.com Elder Pete53 Posted October 31, 2008 HadIt.com Elder Share Posted October 31, 2008 I saw and know many cigarette addicts who got their start in the military Veterans deserve real choice for their health care. Link to comment Share on other sites More sharing options...
gp747 Posted October 31, 2008 Share Posted October 31, 2008 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. Link to comment Share on other sites More sharing options...
gp747 Posted October 31, 2008 Share Posted October 31, 2008 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. Link to comment Share on other sites More sharing options...
Berta Posted November 1, 2008 Author Share Posted November 1, 2008 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. GRADUATE ! Nov 2nd 2007 American Military University ! When thousands of Americans faced annihilation in the 1800s Chief Osceola's response to his people, the Seminoles, was simply "They(the US Army)have guns, but so do we." Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we. Link to comment Share on other sites More sharing options...
octdevildog Posted November 1, 2008 Share Posted November 1, 2008 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 Link to comment Share on other sites More sharing options...
Question
Berta
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"
GRADUATE ! Nov 2nd 2007 American Military University !
When thousands of Americans faced annihilation in the 1800s Chief
Osceola's response to his people, the Seminoles, was
simply "They(the US Army)have guns, but so do we."
Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.
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