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Countless veterans find themselves struggling with addiction after their service ends. These substances might be used as a coping mechanism due to emotional trauma, or abuse might begin following attempts to treat chronic pain. There is a stigma that comes with drug misuse that can make it difficult for veterans to get the help they need.
There is also a common misconception that drug addiction can cost a veteran their VA disability benefits. Not only is this untrue, but the VA has a number of programs designed to help overcome a substance abuse disorder.
What is a Substance Abuse Disorder? Our VA Disability Attorney Explains
A substance abuse disorder, which is more commonly referred to as addiction, is a medical condition where an individual struggles to control their use of alcohol, prescription drugs, or narcotics. This is a chronic condition that often leads to relapse. Some veterans are able to go for months or years without issue, only to have an event cause a relapse.
The nature of this disorder can vary dramatically. While some veterans struggle with the misuse of prescription medication, others deal with the abuse of narcotics. Some common illicit drugs include heroin, cocaine, and methamphetamines.
Illicit drug use is a problem, but misuse of prescription drugs is especially prevalent among veterans due to the high risk of chronic pain and serious injuries. Many people deal with lingering pain due to incidents that occur during their service. Efforts to manage this pain can lead to abuse, especially with opioids like oxycodone or codeine.
Substance abuse disorder can lead to numerous issues. Both prescription and illicit drug use can have dangerous health complications that only compound over time. It can also lead to financial issues and conflict within relationships.
As a General Matter, You Should Not Lose Existing VA Disability Benefits Due to Drug Use
As a veteran, current drug use will not directly impact your ability to secure or maintain VA disability benefits. In fact, it may be possible to increase your disability rating if a service-connected condition led to your substance abuse disorder. However, there are some drug-related circumstances that can cost you the benefits you deserve.
For example, certain drug-related behavior could lead to a criminal conviction that results in a dishonorable discharge from the military. You could be dishonorably discharged if you are convicted of a drug-related felony while you are enlisted. If you are dishonorably discharged, you will not be eligible for VA disability benefits in most cases.
It is important to note that simply using drugs or alcohol does not rise to the level of willful misconduct, meaning that behavior alone will not cause a dishonorable discharge. However, certain drug-related behavior like causing injuries due to drug abuse or improper use of prescription medication can qualify.
Substance Abuse is Not Considered a Disability
Substance abuse disorders are not considered a disability by the VA. That means it is not possible to receive a direct service connection for drug misuse, but that does not mean benefits are unavailable. You have the potential to obtain a secondary service-connected disability if you can show your disorder is related to some other disability linked to your service.
In order for your substance abuse issues to qualify as a secondary disability, it must have developed as the result of a disability directly connected to your time in the military. There are a number of service-connected disabilities that have been linked to substance abuse. For example, many veterans struggling with PTSD have turned to illicit drugs as a coping mechanism. If you have been previously rated by the VA for PTSD, you could be entitled to additional benefits based on your substance abuse disorder.
In addition to mental health disorders, many veterans struggle with drug abuse due to chronic pain. The strongest pain medication available is known to be highly addictive, which can lead to patterns of abuse. If you are suffering from catastrophic injuries or chronic pain and have secured a primary disability rating from the VA, you could petition for a secondary disability rating for your substance abuse disorder.
These cases often turn on statements made by your friends and family. A person who has known you since prior to your service could provide a buddy letter outlining how your struggles with drugs only began during or after your time in the military. People you served with might also be able to point to a specific injury or incident that led to the abuse of drugs.
How Multiple Disability Ratings Work
If the VA determines you have both substance abuse disorder and a related primary disability, you will receive a single disability rating comprising all of your conditions. The VA uses a method referred to as the “whole person theory,” which means that no matter how many disabilities you have you can never be more than 100 percent disabled. For that reason, this process is more complex than just giving each condition a score and then adding them together. Often, adding a secondary disability will only increase your total rating a small percentage. This is still important, as it represents additional compensation each month through your disability payments from the VA. A VA disability attorney can advise you on how multiple conditions are rated.
Let a VA Disability Attorney Help You Get the Benefits You Deserve
While the VA disability claims process can be discouraging, a successful claim may be closer than you think. Even having your initial claim denied is not the end of the world, as there is the opportunity to file an appeal.
The VA disability attorneys at Gang & Associates are here to help you get the most out of your claim. We understand the challenge of substance abuse disorder, and we will take the steps needed to help. Contact us today for a private consultation.