tdiu Service Connection For Prescription Opiates, Benzodiazepines, And Alcohol Abuse

[dav_marine72]

Hi Everyone,

I was diagnosed at my last two mental health examinations in addition to anxiety disorder (not specified) with abuse / depenence for prescription opiates, benzodiazepines, and alcohol. I know all about the deal with secondary service connection, veteran willful misconduct, etc. My concern is that if I die based on say a liver decease and I haven't hit the 10 year mark for TDIU that my dependents will get screwed out of dic. Now the benzodiazepines (Ativan / Valium) on I have been on since 2002 are directly prescribed for my service connected anxiety disorder, the opiates I have been on since 2006 are prescribed directly for my service connected back (oxycontin and oxycodone), and the alcohol has been causally linked through my own statements, etc. to self medicate my panic attacks, anxiety, and chronic pain.

I guess the question is should I file for secondaries or with the exception of alcohol am I already covered because they were prescribed for service connections? By the way I have no aliments that are not service connected. If anyone knows about or has dealt with this replies would be appreciated. Thanks.

[Pete53]

I don't care what you got best to make it 10 years to protect DIC.

[Berta]

Residuals of any medications that are prescribed for SC conditions -if at ratable level- can also be service connected.

I think you are concerned more with what the Allen V Principi decision involved.

VA will not service connect anything due to willful misconduct but does recognize that PTSD can cause self medication.

This recent BVA award shows how they consider that:

http://www.va.gov/vetapp09/files3/0921071.txt

In this case the veteran's alcohol problems were linked directly to his SC PTSD and then he even had medical opinion saying that the alcohol problems -causing his HBP- made his HBP secondary to his PTSD.

This is an interesting decision because VA is unwilling to grant HBP due to PTSD but found his HBP due to the alcohol problems that his PTSD had caused.

Of course if a vet say dies in car wreck and was driving while drunk-and has PTSD -the VA could call that willful misconduct.

I know of a willful misconduct case- a highly decorated Vietnam vet- died of cirrosis of liver (this was prior to the Allen decision)

and the VA did everything they could to help him recover from alcoholism.

He actually got in my car with a open can of beer once when I gave him a ride to the vet center and even tried to smuggle beer into the vet center in a styrofoam coffee cup.

It is a shame that his spouse and 3 small kids could not get DIC.It is very sad but he made a choice to continue to drink and rejected all of the VA's advise to get sober.

With 100% in your case now- I don't see the benefit of filing for secondary conditions due to the SC meds.

[dav_marine72]

Yeah that's what I thought. I am trying to stay sober and have been for a while now. I just get scared taking all these meds that my liver is going to crap out and my wife and kids will be screwed. 20k in VA life insurance doesn't do crap. We should definitely be eligible for larger amounts even if we have to pay for it.

Only 9 years and 6 months to go for dic protection :)

[jbasser]

You had better be happy the VA offers life insurance.

Getting outside Life insurance with documented serious medical conditions is darn near impossible unless you want to pay out the ying yang.

Aint going to happen.

J

[john999]

The opiates themselves won't hurt your liver. It is the tylenol that will hurt the liver. Just be damn sure you never get a urine or blood test with alcohol in your system. You are a recovered alcoholic as far as the VA is concerned. Never, ever tell them you have gone off the wagon. They will try and blame all your problems on alcohol abuse. If alcohol has damaged your liver I think you can get compensated for the liver damage, but not for the alcoholism itself. Weird I know!

[dav_marine72]

jbasser - I hear you on that one. I have been denied 4 times for life insurance. I actually was able to convert a 500k policy I had at my last place of employment. I only took 200k and it's $300 a month. I understand what you are saying about being lucky to get anything believe me. I just think disabled vets should be able to purchase at least 100k or so. In 9 years and 6 months my dependents can get DIC but prior to getting 100% I was 80%. If I died and it wasn't service connected my dependents would have been up the creek.

John - That's what I have read and don't take pills with Tylenol so I guess I'm good there. I still am leary about ativan / buspar and Zoloft though. I haven't told the VA yet I am sober but the mental health examiner who diagnosed me with alcohol and prescription drug abuse / dependence did make a statement to the fact that it was more likely than not that my chronic pain was the underlying condition. I hear what you are saying about them trying to screw me with the alcohol. Honestly I told the examiner because I thought it would help get my mental rating higher and it actually did LOL.