PTSD Secondary

[InfantryB4]

Long time reader, first time poster. 

I was recently granted an increase, from 30% to 70% for PTSD.  So that’s good news.  Now, the condition the VA put in the disabilities is “posttraumatic stress disorder with alcohol use disorder and tobacco use disorder”.  

My question is, shouldn’t the alcohol and tobacco be rated secondaries?  Should I file a NOD for it?  The VA Dr. wrote the DBQ up as “secondary to ptsd”.   

thanks!

Edited May 4, 2018 by InfantryB4
Wrong %

[broncovet]

I dont think so.  "Alcohol" and "tobacco" are not compensable diagnosis.  The VA does not compensate Veterans for alcohol or tobacco use.  

This said, your rating "could" be low.  Of particular importance are you working?  VA benefits are designed to compensate you to the degree sc disabiities interfere with your work.  If you are unable to work due to SC conditions, then you should be at 100 percent for PTSD OR TDIU.  

[InfantryB4]

Sounds good.  Thanks for the response broncovet.

In regards to working,  I am currently employed.  However, with great difficulty. I’m on my 3rd job in 4 years.  I often have to leave early, due to anxiety as well as anxiety on my way into work.  I just started my current job and am yet to have any disciplinary actions.  I’m sure they’re coming though!  

I did submit a letter from my previous employer.  He stated my issues with anger, memory, defiance and being confrontational. 

I don’t know much about TDIU. I was under the impression you have to be unemployed, which like most of us, I cannot afford to be.  Is this something I can apply for while employed?

heres a snippet from the Psychologist findings:

”Though employed, veteran described significant difficulties in regard to social interactions in the work place, and his former employer wrote a not documenting that veteran was easily angered, defiant and demonstrated deficits in focus and memory. Prognosis for substantial improvement of psychiatric symptoms and functional status is poor”

[broncovet]

Your doctor needs to document that "you are unable to work due to sc conditions."   He likely wont do that if you are working or if you voluntarily quit your job. 

[pwrslm]

5 hours ago, broncovet said:

"Alcohol" and "tobacco" are not compensable diagnosis. 

addiction is a symptom of the problem

if you are SC for the problem, they cover the symptoms and effects

so if your liver goes south they can SC it as secondary to your PTSD

Edited May 5, 2018 by pwrslm

[broncovet]

With all due respect, pwrslm, I dont think so.  While its true that VA has been liberal in granting benefits which include alcohol or drug abuse, I dont think a person will be service connected for a lung disorder because he or she  smoked during service and could not quit.  

Further, if one  get s liver disease from alcoholism, (perhaps you self medicated your PTSD with alcohol), I dont see this liver disease becoming secondary to PTSD.  

One makes a choice to drink/not drink, and smoke/not smoke.  Military service does not cause alcoholism, drug addiction, or smoking.  Poor choices cause these addictions.  

I had a guy who worked with me, a Vietnam Vet, who told me the mosquitoes were so bad in 'Nam, that the only way he could get away from them was to drink himself into a coma, and not feel them biting him.  

Its one of the best excuses for alcoholism I have seen.  Still, Im not buying them.  My brother died of alcoholism.  I think people need to take responsibility for their own actions, including, but not limited to, alcohol or drug addiction.  By blaming others, people absolve themselves from guilt and get a "free ticket to ride" their addictions, no matter how many people it hurts.  

Im not accusing you of being an acoholic, or drug addict, Im just saying that I dont see these choices being service connected.  I have no idea if you drink or not.  

I also dont see secondary service connections due to alcohol or cigarettes, either.  Show me some cases, and I will retract my statements pronto.  (BVA, CAVC, etc).  

[Gastone]

You just got the 70% PTSD Bump, was there anything in the Award Letter stating "Inferred IU/Individual Unemployability Claim?" Probably not, your C-File "EOR" Evidence of Record indicates your working.

I agree with Bronc, any addictions associated with your PTSD, regardless of being listed on the DBQ; are not inline for a Secondary SC connection.  However, filing a NOD (2) months before the (12 Month Deadline) requesting an Official DRO HEARING would give you anywhere from 2 to 4 years for something to change in your favor. At any point during the next 5 years, you may actually become IU and need to File the IU Claim, which might be initially Denied.

Having a DRO Hearing already in the works could work for you, as it did for me in 2014. I opted for an "Informal Hearing." The DRO Addressed my 2010 Hearing that was on-deck, then also addressed my 10/2012 IU NOD DRO Hearing Request. My IU DRO only took what, 18 months as compared to the 4.25 yrs for the original DRO Hearing.

Consider the VA Vocational Rehabilitation Program, it should be listed on one of the last pages of your Award letter. Excellent evidence (VRC Denial Letter) for an IU AWARD or even the possibility of finding an Employment in a field that you could tolerate.