Special circumstances

Okay. Let’s say that somewhere along the line you stepped on your necktie. I won’t tell you its not an issue-it is. It’s a big issue.In order to prevail, you are going to have to repair the damage to your reputation or satisfactorily explain what the meaning of “is” is. This is always easier if you’re the President, but we’ll assume you’re not. For our purposes here, we are going to hope you’re not the recipient of the Big Chicken Dinner. I can’t help you on that one. Even if you somehow managed to upgrade your discharge to a general, VA still will never grant you SC. It’s the law. They’re not being unreasonable in spite of what you think. I am printing here the pertinent parts of 38CFR 3.301 for all of you to read:

1) Venereal disease. The residuals of venereal disease are not to be considered the result of willful misconduct. Consideration of service connection for residuals of venereal disease as having been incurred in service requires that the initial infection must have occurred during active service. Increase in service of manifestations of venereal disease will usually be held due to natural progress unless the facts of record indicate the increase in manifestations was precipitated by trauma or by the conditions of the veteran’s service, in which event service connection may be established by aggravation. Medical principles pertaining to the incubation period and its relation to the course of the disease; i.e., initial or acute manifestation, or period and course of secondary and late residuals manifested, will be considered when time of incurrence of venereal disease prior to or after entry into service is at issue. In the issue of service connection, whether the veteran complied with service regulations and directives for reporting the disease and undergoing treatment is immaterial after November 14, 1972, and the service department characterization of acquisition of the disease as willful misconduct or as not in line of duty will not govern.(2) The simple drinking of alcoholic beverage is not of itself willful misconduct. The deliberate drinking of a known poisonous substance or under conditions which would raise a presumption to that effect will be considered willful misconduct. If, in the drinking of a beverage to enjoy its intoxicating effects, intoxication results proximately and immediately in disability or death, the disability or death will be considered the result of the person’s willful misconduct. Organic diseases and disabilities which are a secondary result of the chronic use of alcohol as a beverage, whether out of compulsion or otherwise, will not be considered of willful misconduct origin. (See §§21.1043, 21.5041, and 21.7051 of this title regarding the disabling effects of chronic alcoholism for the purpose of extending delimiting periods under education or rehabilitation programs.) (Authority: 38 U.S.C. 501)(3) Drug usage. The isolated and infrequent use of drugs by itself will not be considered willful misconduct; however, the progressive and frequent use of drugs to the point of addiction will be considered willful misconduct. Where drugs are used to enjoy or experience their effects and the effects result proximately and immediately in disability or death, such disability or death will be considered the result of the person’s willful misconduct. Organic diseases and disabilities which are a secondary result of the chronic use of drugs and infections coinciding with the injection of drugs will not be considered of willful misconduct origin. (See paragraph (d) of this section regarding service connection where disability or death is a result of abuse of drugs.) Where drugs are used for therapeutic purposes or where use of drugs or addiction thereto, results from a service-connected disability, it will not be considered of misconduct origin. (Authority: 38 U.S.C. 105, 1110, 1121, 1131, 1301, and 1521(a))

(d) Line of duty; abuse of alcohol or drugs. An injury or disease incurred during active military, naval, or air service shall not be deemed to have been incurred in line of duty if such injury or disease was a result of the abuse of alcohol or drugs by the person on whose service benefits are claimed. For the purpose of this paragraph, alcohol abuse means the use of alcoholic beverages over time, or such excessive use at any one time, sufficient to cause disability to or death of the user; drug abuse means the use of illegal drugs (including prescription drugs that are illegally or illicitly obtained), the intentional use of prescription or non-prescription drugs for a purpose other than the medically intended use, or the use of substances other than alcohol to enjoy their intoxicating effects. (Authority: 38 U.S.C. 105(a)) Cross-References: In line of duty. See §3.1(m). Willful misconduct. See §3.1(n). Extended period of eligibility. See §§21.1043 and 21.7051. Periods of entitlement. See §21.5041. [26 FR 1579, Feb. 24, 1961, as amended at 37 FR 24662, Nov. 18, 1972; 54 FR 31951, Aug. 3, 1989; 55 FR 13530, Apr. 11, 1990; 60 FR 27408–27409, May 24, 1995]Having stared at this for the better part of this year, I can summarize the high points for you. If you hadn’t noticed, VA does not write in Dick and Jane format. If you were not adjudicated a perennial drug addict in the military, and you have the biopsy criteria mentioned above, you basically should not be denied a rating. After service, you needed a cooling off period of 15 to 20 years before you started that new career of trying to park a Maseratti in the nose garage. If you started misbehaving in the 80’s or 90s, and the biop. says Stage , 3Grade 3, its a safe bet you didn’t get it in 1990. However, if you walked out the front gate in 1972 and continued putting a major dent in the annual production of Burmese Heroin, you have a problem. Usually, when the drugs wear off and you go to detox, you have that “Come to Jesus” meeting I mentioned above. You probably don’t even remember it or what was said. VA does. You may even have bragged about how many ounces you sold in a week, or that you were crowned the Speedball King of Brooklyn in 1988. No matter. You would be well advised to sashay on over to the Social Security Office and put in your claim there, RFN. VA is not going to get all warm and fuzzy and embrace you with open arms.