Usefull Information-Tobacco and Alcohol Abuse- Service Connected

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Useful InformationIn Davis V Principi CAVC vacated a Board decision denying the claim for service-connected substance abuse. The court noted that, while primary substance abuse can never be service-related, a theory of secondary service connection can be a valid basis for finding service-related substance abuse. With the number of veterans returning from Iraq with various psychological disabilities we should keep this decision in mind for us in the future.

Also GENERAL COUNSEL published an opinion on whether a veteran's tobacco-related disability or death may be service connected secondary to a service-connected mental disability which caused the veteran to use tobacco. As you all know 38 U.S.C. 1103 (a) prohibits a finding of service connection of a disability or death resulting from the veteran's use of tobacco during his/her service. However, service connection is permissible if the veteran's disability or death is the result of his post-service use of tobacco, which is caused by a service-connected psychological disability. Again we should keep this in mind when dealing with PTSD and other mental disabilities. Medical evidence will be very important in such a claim.

Another GENERAL COUNSEL opinion ruled that 38 C.F.R. 3.306(b) requiring the claimant to show that a pre-existing condition increased in severity during service is invalid as it is inconsistent with 38 U.S.C. Therefore, be on the look out for claims which have been denied on the basis that there was no evidence of increased disability during service.