Citation Nr: 21064445
Decision Date: 10/20/21	Archive Date: 10/20/21

DOCKET NO. 14-19 474
DATE: October 20, 2021

ORDER

Service connection for porphyria cutanea tarda (PCT) is granted.

FINDING OF FACT

PCT is proximately due to alcohol abuse associated with the Veteran's posttraumatic stress disorder (PTSD).

CONCLUSION OF LAW

The criteria for service connection for PCT as secondary to PTSD are met.  38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.310.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service in the U.S. Army from May 1970 to January 1972 and was awarded the Bronze Star Medal.  This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2013 rating decision.

The Veteran was diagnosed with PCT during the appeal period, although VA examinations from September 2018 and August 2021 both indicated that the condition was not present and/or had resolved.  The August 2021 VA examiner stated that previously diagnosed PCT was likely due to the Veteran's history of alcohol abuse.  She cited to October 2008 private records, which noted that the Veteran's increased alcohol intake resulted in new skin lesions on his hands.  Similarly, VA treatment records from May 2013 noted that, after cutting back on alcohol consumption and sun exposure, the Veteran's skin blistering had improved.

The Veteran is presently service-connected for PTSD, and his treatment records reflect a history of alcohol abuse.  An August 2014 VA examiner stated that the Veteran's alcohol dependence was likely a progression of his PTSD, as alcohol relieved his anxiety.

Generally, service connection for drug and alcohol abuse is precluded in two situations: (1) for primary abuse disabilities; and (2) for secondary disabilities (such as cirrhosis of the liver) that result from primary abuse.  38 C.F.R. § 3.301(c)(3); Allen v. Principi, 237 F.3d 1368, 1376 (Fed. Cir. 2001).  However, service connection is not precluded if drug or alcohol abuse is secondary to a service-connected disability.

In this case, because alcohol abuse is a progression of the Veteran's PTSD, and because PCT is associated with his alcohol abuse, service connection for PCT is warranted on a secondary basis.

 

 

JOHN Z. JONES

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Shamil Patel, Counsel

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.