PREC 2-97 Secondary Service Connection of a Disability Resulting from a Veteran's Alcohol or Drug Abuse - 38 C.F.R. § 3.310(a) Citation: Vet. Aff. Op. Gen Couns. Prec. 2-97, VAOPGCPREC 2-97, 1997 QUESTIONS PRESENTED: a. May service connection be established for a disability resulting from a veteran’s own alcohol or drug abuse, based on the aggravation of such disability by a service-connected disability? HELD: a. Section 8052 of the Omnibus Budget Reconciliation Act of 1990, Pub. L. No. 101-508, § 8052, 104 Stat. 1388, 1388-351, prohibits, effective for claims filed after October 31, 1990, the payment of compensation for a disability that is a result of a veteran’s own alcohol or drug abuse. The payment of compensation is prohibited whether the claim is based on direct service connection or, under 38 C.F.R. § 3.310(a), on secondary service connection of a disability proximately due to or a result of a service-connected condition. Further, compensation is prohibited regardless of whether compensation is claimed on the basis that a service-connected disease or injury caused the disability or on the basis that a service-connnected disease or injury aggravated the disability. b. A Board of Veterans’ Appeals decision based on an erroneous interpretation of law remains final and binding on
<Page 5> all VA components, including the Veterans Benefits Administration, in the absence of reconsideration by the Board. |
