Veterans and Disability for Alcohol or Drug Addiction

Veterans can receive Secondary VA Disability for Alcohol or Drug Addiction 05/20/2010. For VA claims purposes, there are 3 possible categories of disabilities involving alcohol or drug abuse. (Pay particular attention to the difference between “PRIMARY” and “SECONDARY” DISABILITES):

(1) The first category is PRIMARY alcoholism or drug abuse disability that develops during service. PRIMARY refers to an alcohol or drug abuse disability that arose during service from voluntary and willful abuse of alcohol or drugs. OBRA 1990 bars an award of service connection for the “primary” disability of alcoholism or drug addiction. OBRA 1990 also restricts the payment of compensation for secondary disabilities, such as cirrhosis of the liver, that result from PRIMARY alcohol or drug abuse disability…

(2) The second category is alcoholism or drug abuse disability that develops SECONDARY to a service-connected condition. OBRA 1990 DOES NOT RESTRICT service connection and the payment of disability compensation for these disabilities. When alcoholism or drug abuse disability is determined to be SECONDARY to, that is, caused by or aggravated by, a service-connected disability under 38 CFR SECTION 3.310(A), SECONDARY SERVICE CONNECTION MAY BE GRANTED and disability compensation may be paid for the alcoholism or drug abuse disability.

(3)        The third category includes disabilities that RESULT FROM or are AGGRAVATED BY, the SECONDARILY SERVICE-CONNECTED ALCOHOLISM or DRUG ABUSE DISABILITY.  If service connection is granted for alcoholism or drug abuse on a SECONDARY basis because it was caused or aggravated by a service-connected condition, then any disability SECONDARY to the alcoholism MAY ALSO BE AWARDED SERVICE CONNECTION and COMPENSATION PAID for the conditions that are SECONDARY to the SECONDARILY SERVICE-CONNECTED “ALCOHLISM” or “DRUG ADDICTION.”  For example, if a Veteran suffers from alcoholism SECONDARY to his PTSD were to develop CIRRHOSIS OF THE LIVER due to his ALCHOLISM, the Veteran should be able to receive SERVICE CONNECTION and the PAYMENT OF DISABILITY COMPENSATION for the CIRRHOSIS as a SECONDARY SERVICE-CONNECTED DISABILITY.  And as noted above, the Veteran may achieve eligibility for other VA benefits, and any survivors could be entitled to certain benefits, should the Veteran die as a result of the CIRRHOSIS… Veterans Today