Va Disability And Drug Use
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VA Programs Services Misusing substances such as alcohol drugs or tobacco can increase your risk for injuries accidents and physical and mental health problems.
Va disability and drug use. The VA is a Federal program. Veterans are encouraged to discuss marijuana use with their VA providers. If a claimants drug or alcohol abuse is deemed a material contributing factor to a medical impairment that claimant will not win disability benefits based on that impairment. Can they take away my disability benefits because of testing positive for weed.
If you test positive during a not-so-random drug screen your provider may. Whether drug or alcohol use will affect a claimants eligibility for disability benefits hinges on whether it contributes to the claimants disabling medical condition. When asked about drugs andor alcohol some of my clients are often astonished that there is even mention of drugs or alcohol in their file. Even though more veterans are utilizing marijuana for PTSD and more states are legalizing it it is still an illegal drug under federal law.
Alcohol and Drug Abuse Under VA regulations alcohol and drug abuse constitutes willful misconduct so disabilities caused by alcohol or drug abuse will not qualify for disability compensation or pension. Drug Addiction and Social Security Disability Drug Addiction - Condition and Symptoms Although most Drug Addiction starts with casual or social use of a drug some people become addicted to a drug originally prescribed by a physician. In 1990 Congress enacted a law that said that the VA could not pay service connected disability compensation if the injury was the result of the Veterans alcohol and drug abuse specifically willful abuse during service. Disability for Damage Caused by Drug Addiction Social Security acknowledges that the use of substances can cause medical and mental conditions that cannot be reversed simply by abstaining from the substances.
Most veterans who have a substance or alcohol problems will have an undiagnosed mental health disorder that precipitated the use disorder and they should 1 get proper treatment and 2 file for disability compensation. Pay particular attention to the difference between PRIMARY and SECONDARY DISABILITES. However the analysis of whether a particular injury or death was caused by substance abuse is extremely fact specific. Once youve signed up.
Get details on Veterans medical benefits like which services we cover who will care for you where youll go for care and how VA health care works with other insurance. VA SUD Program Locator. PTSD and Substance Abuse in Veterans Studies show PTSD and substance use problems are strongly related in people who served in the military and in civilians. Learn about the VA health benefits in your VA medical benefits package.
1 The first category is PRIMARY alcoholism or drug abusedisability that develops during service. Leslie Gaines Senior Attorney Updated. People who have problems with drugs or alcohol are also more likely to develop PTSD. If you have a VA primary care provider talk to them about your substance use.
The VA health care program covers services to treat substance use problems. While you cannot usually get disability benefits for a drug addiction you developed in the service VA regulations allow for secondary service connection of the substance abuse issue. This means that you may get support if you can prove that your substance abuse disorder and any health problems caused by your addiction is caused by the PTSD that was caused by your military service. When I go to my Veterans Affairs annual screening appointments and if they test me for drugs and marijuana comes up in my system would they use this to dismiss me of benefits somehow.
To change your substance use you do not have to do it alone. Apply for VA health care. This law is the source of the myth. For VA claims purposes there are 3 possible categories of disabilities involving alcohol or drug abuse.
VA health care providers will record marijuana use in the Veterans VA medical record in order to have the information available in treatment planning. VA could care less that you burn rope whether its legal in your region or notThere is no penalty for using marijuana you will not lose any disability benefits for abusing any substance. Some people try to cope with PTSD symptoms by drinking heavily using drugs or smoking too much. Marijuana use to cope with a mental health condition.
Here are the facts. Substance use substance abuse smoking marijuana in a legal statethe rumors and the controversy rage on. In both Social Security and VA Disability law usually the issue is raised because a disabled Social Security claimant or veteran is using drugs andor alcohol at the same time they are trying to pursue a disability claim. If there is any mention of illegal drug use in veterans medical records or DBQ.
Veterans will not be denied VA benefits because of marijuana use. Is the medical condition for which the claimant alleges disability exacerbated made worseor. Your provider can help you get screened for substance use problems and related issues like PTSD or depressionand can offer treatment and support as needed.