Va Disability Compensation For Alcohol Abuse

Dear Veteran heres the brutal truth about VA disability claims.

Va disability compensation for alcohol abuse. Getting Sober but Not Better. I admitted myself into the VAs four-week alcohol rehab program and got sober. However the analysis of whether a particular injury or death was caused by substance abuse is extremely fact specific. Veterans Addicted to Drugs Alcohol may be eligible for Secondary Service-Connected Disability Compensation.

If a claim for alcoholism or alcohol addiction is submitted VAC will rule on Alcohol Use Disorder if the DSM -5 criteria are met. 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. Veterans who use drugs or alcohol to self-medicate their service-connected disabilities may also be entitled to compensation for other conditions arising from that abuse. Generally speaking VA will not pay disability benefits to veterans who claim that their alcoholism is directly connected to military service.

1110 created two mutually exclusive categories of disability. This means if a veteran misuses alcohol andor drug abuse he or she may receive a bad conduct or dishonorable discharge. Alcohol abuse may cause cirrhosis of the liver or heroin use may lead to the veteran being infected with hepatitis C. However the court found that the law.

And 2 disability resulting from alcohol or drug abuse which is essentially considered willful misconduct and for which veterans cannot be compensated. Entitlement should be granted for a chronic condition only. Alcohol-related issues are not specifically barred. 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.

Five years later I went back to the treatment facility this time for six weeks. A veteran may not get service-connected for alcoholism andor drug abuse if he or she used it in a result to their own willful misconduct. It lasted just 28 days. According to VA alcohol abuse is the use of alcoholic beverages over time or such excessive use at any one time sufficient to cause disability or death of the user Consuming an alcoholic beverage does not constitute alcohol abuse but rather it is constituted by the length of time the behavior continues or drinking in excess.

Therefore you will not be eligible for any types of disability compensation. According to our data 810 80 of veterans reading this message right now are underrated by the VAThis means you do NOT currently have the VA disability rating and compensation YOU deserve and you could be missing out on thousands of dollars of tax-free compensation and benefits each month. Alcoholism as a Primary DisabilityAlcoholism as a primary disability is not a basis for granting entitlement to or increasing compensation or Veterans Pension under the laws administered by the Department of Veterans Affairs VA. In this video Berry Law Veteran advocate and Marine Veteran Seth Chambers explains.

This law is the source of the myth. 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. But I was depressed so I started drinking. Alcoholism and drug abuse are unfortunately very common among Veterans.

This means that if a veteran developed a drinking problem that began during service he cannot be service connected for it. However the VA will not deem alcoholism alone to be a disability requiring compensation. ADDICTION TO ALCOHOL ADDICTION TO LEGAL AND ILLEGAL DRUGS Can make Veterans or their surviving Dependents Eligible for Service-Connected Disability Compensation and Dependent Indemnity Compensation DIC. Importantly veterans can receive disability ratings for alcohol-related conditions as long as the alcoholism was not a product of the veterans own willful misconduct VA defines willful misconduct as an act involving conscious wrongdoing or known prohibited action.

On appeal the Federal Circuit reasoned that OBRA 1990s changes to 38 USCS. The Source of the Myth that you cant Service Connect a Veterans Drug and Alcohol Abuse. However VA may be willing to recognize claims for alcohol abuse issues that are secondary to a service connected condition. VA disability compensation pay offers a monthly tax-free payment to Veterans who got sick or injured while serving in the military and to Veterans whose service made an existing condition worse.

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. In order to have your alcoholism classed as service-connected you must show that it is secondary to another issue. 1 disability contracted in the line of duty for which veterans can be compensated. By 2000 I was a full-blown alcoholic.