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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Eddie6464

Alcoholism Secondary To Anxiety/depression

Question

I'm currently rated at a combine rating of 60% and 30% for anxiety/depression. I submitted a claim for alcoholism secondary to mental health issues and had my C&P exam last Wednesday which I think it went well since doctor seem to be understanding and caring enough to tell me to get into the VA substance abuse program and also recommended I fill out application for domicillary housing since I'm unstable from house to house. He was also the same doc who did exam for my initial 30% for anxiety/depression. Hope it all goes well!

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Good luck Eddie and you should ask for TDIU 100% if you are not wrking or making less than 900 a month.

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This type of claim is controlled by Allen V Principi and explained in the recent BVA case:

Generally speaking, compensation shall not be paid if the

disability was the result of the veteran's own willful misconduct

or abuse of alcohol or drugs. 38 U.S.C.A. §§ 105, 1110; 38

C.F.R. §§ 3.1(n), 3.301©. There can be service connection for

compensation purposes for an alcohol abuse disability acquired as

secondary to, or as a symptom of, a service-connected disability.

However, a veteran can only prevail if able to "adequately

establish that their alcohol or drug abuse disability is

secondary to or is caused by their primary service-connected

disorder." Allen v. Principi, 237 F.3d 1368, 1381 (Fed. Cir.

2001). Such compensation would only result "where there is clear

medical evidence establishing that the alcohol or drug abuse

disability is indeed caused by a veteran's primary service-

connected disability, and where the alcohol or drug abuse

disability is not due to willful wrongdoing." Id.

The simple drinking of alcoholic beverage is not of itself

willful misconduct. However, the deliberate drinking of a known

poisonous substance or under conditions which would raise a

presumption to that effect will be considered willful misconduct.

If, in the drinking of a beverage to enjoy its intoxicating

effects, intoxication results proximately and immediately in

disability or death, the disability or death will be considered

the result of the person's willful misconduct. Organic 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. 38 C.F.R. §

3.301©(2).

http://www.va.gov/vetapp11/Files1/1101336.txt

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Ive thought about it Pete but I believe I don't meet the percentage requirements needed to apply for TDIU. Thanks for the well wishes! Have a great day!

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Great info Berta!! Let's hope my claim doesn't turn into a battle. After my friend committed suicide life changed for me and I was admitted to a military mental health ward for about 2 weeks for major depression and after transferred to an inpatient alcohol abuse program at naval station Norfolk which I was discharged for not complying.I was still battling depression and was not on meds to help do I self medicated with drinking and as a result got discharged HONORABLE for alcohol rehabilitation program failure.

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Eddie when you ask for TDIU the VARO has to look at bumping up your current rating to match not being able to work. If you can find a Doctor to opine that you can't work and that you can't work due to a service connected disability I think that you will do it.

Good Luck

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