On January 15, 2013, the Court of Appeals for Veterans Claims (CAVC) issued a panel opinion in El-Amin v. Shinseki. This case arises out of a death and indemnity compensation (DIC) claim by the veteran’s spouse, Mrs. El-Amin, based upon Mr. El-Amin’s death due to cirrhosis of the liver. At the time of the veteran’s death, he had been granted a 70% disability rating for service-connected post traumatic stress disorder (PTSD). During the veterans’ time in service and after his discharge from the Marines, Mr. El-Amin was treated for alcohol abuse. Based upon a 2008 VA medical opinion, the Board of Veterans’ Appeals (Board) concluded that the Mrs. El-Amin was not entitled to DIC because her husband’s “service-connected [PTSD] did not aggravate his alcoholism.”
The CAVC held that “the Board erred in relying on an inadequate medical opinion. . . .” The CAVC found that the VA medical examiner had solely focused on direct causation in concluding that the veteran’s PTSD did not cause his alcoholism. The VA medical examiner, however, did not opine as to whether the veteran’s service-connected PTSD “aggravated his alcohol abuse.” Accordingly, the majority “vacate[d] the Board decision and remand[ed] the matter for a new VA medical opinion that . . . expressly opines as to whether Mr. El-Amin’s [PTSD] aggravated his non-service-connected alcohol abuse and, it so, to what degree.”
If you have any questions about your VA disability claim or are uncertain of the status of your claim, please do not hesitate to contact me for a free consultation at sdirector@FRE-L.com or (732) 382-6070.