Overview
In This Section |
This section contains the topic, “Effect of Insanity on Administrative Decisions.” |
1. Effect of Insanity on Administrative Decisions
Introduction |
This topic contains information on the effect of insanity on administrative decisions, including |
Change Date |
August 18, 2017 |
III.v.1.E.1.a. Effect of Insanity on VA Benefits |
If a Veteran was determined to be insane at the time of the commission of the act or acts that would otherwise result in an adverse character of discharge (COD), line-of-duty (LOD), or willful misconduct determination, hold that he/she
Reference: For more information involving insanity and homicide in death claims, see M21-1, Part III, Subpart v, 1.F.3.e.
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III.v.1.E.1.b. Placing Insanity at Issue |
Insanity is placed at issue in the following ways:
Reference: For more information on the regulation regarding
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III.v.1.E.1.c. Developing Cases in Which Insanity Is an Issue |
If insanity is at issue, develop the case completely before making a determination.
Obtain the following information when developing:
Note: State specifically in a PIES request that the reason for the request is that “insanity is at issue.”
References: For more information on obtaining
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III.v.1.E.1.d. Referring a Case for Rating Action |
After completing development, refer the case to the rating activity to resolve the issue of insanity, and use the table below to determine how to process the resulting decision.
Reference: For more information on rating the question of insanity, see M21-1, Part IX, Subpart ii, 2.6.
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III.v.1.E.1.f. Preparing an Administrative Decision |
When a rating decision is received, whether or not insanity is established, the development activity must prepare an administrative decision concerning COD, LOD, or willful misconduct for approval, as required.
Important: All subsequent action must be based on this determination or on a formal rating decision that may have been made.
References: For more information on administrative decisions for
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8-18-17_Key-Changes_M21-1III_v_1_SecE.docx | May 16, 2019 | 47 KB |
Transmittal-pt03_sp05_ch01_TS.doc | May 16, 2019 | 140 KB |
Change-April-23-2015-Transmittal-Sheet-M21-1_III_v_1_SecE_TS.docx | May 16, 2019 | 35 KB |
in Chapter 1 Administrative Decisions, Part III General Claims Process, Subpart v General Authorization Issues and Claimant Notification
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