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 %

[InfantryB4]

Thanks everyone for the replies! 

Gastone,  I am yet to receive my Award letter. So I’m not exactly sure what the VA had to say on their decision.  I was going strictly off Ebenefits.  I didn’t know it’s possible for Ebennies and The VA letter to differ.

I’ll definitely look into the VA Vocational Rehabilitation and the other steps.  Did you use a VSO or the like?  So far I’ve been going solo on this venture.

[Gastone]

Went DIY, OJT.

The VRC Program 09/2012 Denial Letter Sealed The Deal at my 06/2014 IU DRO Informal Hearing. I used a VSO DRO Specialist (Retired RO DRO) to accompany me to the 30 min Informal Hearing. Met with him for 10+ min preceding the 9 am Hearing, walked out 35 min later, all issues from a 2010 NOD and the 2012 IU NOD Awarded.  The DRO specifically addressed the importance of the VRC Denial Letter.

[Berta]

Allen V Principi:

https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000053475/Allen-v.-Principi,-Feb-2,-2001,-237-F.3d-1368

In Part:

"The Court concluded that 38 USC § 1110 does not preclude compensation for an alcohol or drug abuse disability as evidence of the increased severity of a service connected disability.  The Court stressed that the holding of this case is quite limited.  Veterans can only recover if they can adequately establish that their alcohol or drug abuse disability is secondary to or is caused by their primary service connected disorder.  Such compensation should 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.  "

 

More here:

https://www.hillandponton.com/substance-abuse-veterans-disability/

In the vet's case here- 

"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”.

If you have additional disability at a ratable level due to the alcohol , or get a disability solely due to alcohol usage in the future( I am not sure on the nicotine-will look that up) you could claim it, BUT read over carefully Allen V Principi and there is more on Allen searchable here.

I worked for the VA . They have excellent programs for alcohol abuse.... and also for nicotine dependence,I am sure.

A  friend of mine died before he reached 40 years old (Vietnam Combat -highly decorated)due to continuous alcoholism. Cirrhosis of liver)VA did all they could for him.He was 100% P & T due to PTSD.

He left a wife and 3 small children.Unfortunately his wife,in statements to the VA, said he was a big drinker before he even went to Vietnam.I have no idea if she could ever get DIC.

 

 

Edited May 6, 2018 by Berta