United States Federal Circuit

38 USC 1110, as amended by section 8052(a)(2) of the Omnibus Budget Reconciliation Act of 1990, does not preclude a veteran from receiving compensation for alcohol or drug-related disabilities arising secondarily from a service-connected disability, or from using alcohol or drug-related disabilities as evidence of the increased severity of a service-connected disability.

Appellate Information

• Decided 02/02/2001
• Published 02/05/2001

Judges

• MICHEL, Circuit Judge., Before MAYER, Chief Judge, MICHEL and SCHALL, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Ronald L. Smith,Disabled American Veterans, of Washington, DC, argued for claimant-appellant.   With him on the brief was Stephen L. Purcell.


• For Appellees:
  
• Michael S. Dufault, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent-appellee.   With him on the brief were David M. Cohen, Director, and Robert E. Kirschman, Assistant Director.   Of counsel on the brief were Richard J. Hipolit, Deputy Assistant General Counsel, and Michael J. Timinski, Attorney, Department of Veterans Affairs, of Washington, DC.