Treatment Purposes Only Sc For Adjustment Disorder/depressed Mood & Alcohol Use Disorder

[MRRRR5]

Hello Hadit Family.

After reviewing my Navy Vet friend I'm assisting service treatment records (STR), I recommended he file several claims that are fully documented in his medical records, to include depression due to alcohol dependency (he is still in denial).

BLUF he is a tractor-trailer trucker/driver and his spouse says he is still drinking and confirmed that he has been using 2 to 3 bottles of Nyquil a week for over the last 5 years or so when he is at home and not on the road (I suspect due to the alcohol content in the Nyquil, JMO, though).

Some items in his STR during 11 years of Navy service, mostly at sea: enrolled in Track II due to drinking till he "pass out"; tried to commit suicide by taking "lots of pills" while deployed (had stomach pumped); a year or so later then enrolled in Track III; put on anti-buse meds, transferred from OCONUS ship location twice for impatient treatment at CONUS military hospitals; everything while inpatient states the diagnosis "alcohol dependency due to severe depression"; successfully completed AA program in service or equivalent program; ultimately he was honorably discharged 6 months after completion of treatment in the early 1990's.

He recently had several C&Ps (same day) earlier this month; informed (MH) Doctor that he started back "drinking some" about 5 years ago when his father passed, but not to the point where he "passes out".

So the VA decision stated this (which is confusing):

1. Service connection for treatment purposes only under 38 USC Chapter 17 for adjustment disorder with depressed mood and alcohol use disorder, in full sustained remission (38 USC Section 1702) is granted.

2. Service connection for adjustment disorder with depressed mood and alcohol use disorder, in full sustained remission is denied.

Just trying to see what I need to do for him next as this has me stumped on their ruling; doesn't make sense to me; thanks.

P.S. He has been diagnosed with sleep apnea by his private doctor and is on the cpap machine too.

[63SIERRA]

it sounds like what they are saying is that they believe he is cured, which is hogwash, and if he should become active alchoholic again, he can recieve treatment from the VA. is he enrolled at the VA, and getting treatment. if not does he get treatment for his depression or alchoholism from a private hospital.

Remember comp is for ongoing ilnesses or injuries.

He can be drinking a budweiser truckload a week, of booze, but if he isnt getting treatment for it, it dont matter to va.

He needs to stop and take time to take care of himself. He needs to go enroll in va healthcare, get id card, make appointments with doctors. He needs to tell them he is depressed, and drinking again. If hes an alchoholic, he knows it, and there is no cure, he is one drink away from full blown remission. Alchoholics cannot drink sociably or sensibly. The brain is wired different, one drink dont cut it. the alchohol takes over. He is likely drinking alot more than hes admitting. denial is big for alcholics., depression is right there with that becasue alchoholics feel guilty for what they do when they drink, so once the drink wears off they feel guilty, they feel so bad, they get another drink,.. then it is a cycle. drink, feel guilty., drink more, feel more guilty, , its HELL. Your friend is sick, get him help. then get copies of his treatment from release of info at whatever vamc he goes to and send it in as evidence and get a fresh CP exam. Its going to take a while, but he can win.

Edited December 29, 2013 by 63SIERRA

[john999]

I think because he claimed depression as a result of alcoholism the VA is not going to SC his depression for compensation purpose. If he had claimed depression with alcoholism as a symptom he might have got that SC'ed. When his liver gives out if he can connect his alcoholism as having started in the military I believe he can connect his liver failure with service. This is not the greatest outcome. When you become alcoholic the drinking must stop before the person can really get help and stop the ongoing damage from alcohol. I really believe the military promoted both smoking and drinking and should be on the hook for both addictions. Remember the smokes the military included in C rations. The military had super low prices for booze and tobacco as well in PX system and at EM clubs (cheap drinks). I lost my security clearance in Nam just because some major believed I was a dope smoker while drunks kept their clearances and jobs.

[Philip Rogers]

You should check w/him about PTSD. With 11 yrs Naval service, he could/must have witnessed or had something that could've have caused it, especially w/sea duty. Give him the diagnostic criteria for PTSD and see how many he might have. Alcoholism can be secondary to PTSD/adjustment disorder/depression. I service connected mine to my PTSD. jmo

pr

[MRRRR5]

63Sierra, John999, and Philip Rogers,

I appreciate the feedback and will encourage him to get enrolled in the VA system and get the help he needs asap.

[Berta]

Thanks for helping this veteran.

PR is referring to 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 (b) 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."

http://www.va.gov/vetapp03/files/0317388.txt

[john999]

Which came first the chicken or the egg?