Secondary Conditions Due to Alcohol, Drugs, or Tobacco
If you use alcohol, drugs, or tobacco to self-medicate you may be able to Claim associated disabilities on a Secondary basis.
IMPORTANT NOTE:
You CANNOT be service-connected for alcoholism, drug abuse, or tobacco use on a Primary basis. It MUST be in response to a service-connected disability.
Willful Misconduct
If the VA determines your use of alcohol, drugs, or tobacco was willful misconduct, any resultant disabilities are NOT eligible for Service-connection!
Alcohol
Drinking alcohol (if legal due to age and locale) is NOT willful misconduct.
HOWEVER, if you drink to become intoxicated AND while intoxicated hurt yourself or die, the VA WILL consider it to be willful misconduct.
The most common example of this would be injuries sustained from an accident/incident while drunk driving. Don't drink and drive!
Drugs
If you use drugs to enjoy/experience their effects AND the usage results in hurting yourself or death, the VA WILL consider willful misconduct.
Alcoholism
The effects of drinking too much over time CAN be serviced connected if the reason for the excessive drinking is due to a service-connected disability.
This can include drinking to deal with one’s PTSD, as well as to escape chronic physical pain.
Common disabilities of alcoholism involve Damage to the liver.
IMPORTANT NOTE:
Personality disorders CANNOT be the primary service connected disability in awards of secondary service connection for alcoholism.
Drug Abuse
Drug abuse according to the VA is:
The use of illegal drugs (including the use of prescription drugs legally or illicitly obtained);
The intentional use of prescription or non-prescription drugs for a purpose other than the medically-intended use; or
The use of substances other than alcohol to enjoy their intoxicating effects.
The Veteran can be service-connected for conditions that developed due to drug abuse ONLY IF the drug abuse was used as a way to manage the symptoms of a service-connected disability.
IMPORTANT NOTE:
Any secondary conditions that occurred from drug abuse during service CANNOT be service-connected, UNLESS there is evidence it was in response to managing a condition that was service-connected after separation.
Tobacco
The VA NO longer awards primary service-connection for tobacco usage.
BUT, the Veteran can still get service connection for associated Cancers and Lung conditions if:
Use of tobacco products was a result of dealing with a service-connected disability (IE the Veteran smoked to help reduce their Anxiety); AND
The tobacco related condition would not be as severe or have existed at all if the Veteran had not started using due to their service-connected disability.
IMPORTANT NOTES:
If the Veteran was a smoker before or during their service unrelated to their primary service-connected issue, and continued to smoke after their service, then the VA will NOT award service connection for tobacco usage!
If the VA previously awarded service-connection for tobacco usage on a primary basis; secondary service-connection can NO longer be established for issues related to that usage.