Citation Nr: 18147249
Decision Date: 11/02/18	Archive Date: 11/02/18

DOCKET NO. 15-06 589
DATE:	November 2, 2018
REMANDED
Entitlement to service connection for alcohol abuse, as secondary to service-connected major depressive disorder, is remanded.
INTRODUCTION
The appellant served on active duty in the Navy from March 2006 to June 2011.
This matter comes before the Board of Veterans’ Appeals (Board) from a June 2012 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in St. Louis, Missouri.  Jurisdiction was subsequently transferred to the RO in Winston-Salem, North Carolina.  The Board remanded this matter in July 2018.  A Supplemental Statement of the Case (SSOC) was issued in October 2018.
REASONS FOR REMAND
The law expressly prohibits the payment of compensation for a disability resulting from a Veteran’s own alcohol or drug abuse.  An injury or disease incurred during active service will not be deemed to have been incurred in line of duty if the injury or disease was a result of the person’s own willful misconduct, including abuse of alcohol or drugs.  38 U.S.C. § 105(a); 38 C.F.R. §§ 3.1(m), 3.301(d).  The only exception to this law is if alcohol or drug abuse is caused or is aggravated by a service connected disorder.  Allen v. Principi, 237 F.3d 1368 (Fed. Cir. 2001). 
Service connection for depressive disorder is in effect.   
Following the July 2018 remand, the appellant was afforded a VA examination in September 2018 to determine whether his alcohol dependence was at least as likely as not related to his service-connected depressive disorder.  The VA examiner stated that, while the appellant’s drinking and depression were likely related while on active duty, such were no longer associated since the appellant left the stress of the service.  The September 2018 VA examiner opined that it was thus less likely than not that the appellant’s alcohol use disorder was proximately due to or the result of his service-connected depressive disorder.
However, aggravation was not explicitly addressed.  The U.S. Court of Appeals for Veterans Claims has held that a VA medical opinion addressing secondary service connection is inadequate when it does not address the issue of aggravation.  The Court held that the language “not related to” was not sufficient to address the issue of aggravation.   
The matter is REMANDED for the following action:
Obtain an addendum opinion from the VA psychologist who conducted the September 2018 VA examination, or other appropriate clinician, if that examiner is unavailable.  The claims file must be made available to the clinician rendering the requested opinion.
After reviewing the claims file, the examiner should opine as to:
Is at least as likely as not that the appellant’s current alcohol use disorder is proximately due to or the result of his service-connected depressive disorder?
If not, is it at least as likely as not that the appellant’s current alcohol use disorder is aggravated (permanently made worse) by his service-connected depressive disorder?
If aggravation is found, the examiner must attempt to establish a baseline level of severity of the current alcohol use disorder prior to aggravation by the service-connected depressive disorder.
 
The clinician should provide a rationale for his or her conclusions.  If the clinician deems an examination, one should be scheduled.   

 
K. Conner
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	R. Behlen, Associate Counsel