Overview
In This Section |
This section contains the following topics:
|
1. General Information on Cases Involving a Homicide
Introduction |
This topic contains general information on handling cases involving a homicide, including
|
Change Date |
November 14, 2011 |
III.v.1.F.1.a. Effect of a Homicide Determination on the Right to Benefits |
The issue of homicide, or wrongful death, is a question of fact. Whether or not a claimant or beneficiary wrongfully and intentionally caused the death of a Veteran or another beneficiary affects the right of a claimant to Department of Veterans Affairs (VA) benefits.
Reference: For more information on the prohibition of benefits due to wrongful death, see 38 CFR 3.11.
Important: Regardless of a favorable VA finding about a claimant’s involvement in the death of a Veteran or other beneficiary, remember that incarceration of the claimant may affect payment of benefits. For more information on regulations concerning adjustment of benefits due to incarceration, see M21-1, Part III, Subpart v, 8.A.1.
|
III.v.1.F.1.b. Responsibility for Making a Homicide Determination |
The development activity is responsible for making a homicide determination. The Veterans Service Center Manager or Pension Management Center Manager may delegate the authority for approval of the homicide determination to a supervisor not lower than a coach.
Reference: For more information on preparing administrative decisions, see M21-1, Part III, Subpart v, 1.A.3.
|
III.v.1.F.1.c. Participation in Wrongful and Intentional Killing |
Do not pay benefits to a claimant if it is an established fact that the claimant wrongfully and intentionally
For adjudicatory purposes, a wrongful and intentional killing is one in which the claimant or beneficiary caused the death of the Veteran or another beneficiary without justification or excuse.
Justification or excuse may be found if it is established that the death was
Reference: For more information about the effect of insanity on an administrative decision, see M21-1 Part III, Subpart v, 1.E.1.
|
2. Developing for Evidence in the Death of a Beneficiary by Homicide
Introduction |
This topic contains information on development when a claim is received and death of a beneficiary is a homicide, including
|
Change Date |
November 14, 2011 |
III.v.1.F.2.b. Obtaining Evidence Regarding Homicide |
Typically, obtain relevant evidence required through correspondence with any of the following sources:
If the information cannot be obtained from these sources, request a field examination to obtain the necessary evidence.
Reference: For more information about requesting field examinations, see M21-1, Part III, Subpart vi, 8.8.
|
III.v.1.F.2.d. Handling Evidence or Information Connecting the Claimant With the Homicide |
If there is evidence or information connecting the claimant with the homicide, then develop by field examination to obtain all the facts.
Important: Do not request copies of grand jury records under any circumstances, either by letter or field examination.
Reference: For more information about requesting field examinations, see M21-1, Part III, Subpart vi, 8.8.
|
III.v.1.F.2.e. Obtaining Information From Recorded Testimony Related to Homicide |
It may be necessary to request that the field examiner review the court records to obtain pertinent information from recorded testimony at a trial as well as names of witnesses.
Request transcripts of recorded testimony only in extreme cases in which the question cannot otherwise be resolved.
Reference: For more information about requesting field examinations, see M21-1, Part III, Subpart vi, 8.8.
|
3. Facts to Consider in a Wrongful and Intentional Killing
Introduction |
This topic contains information on the facts to consider in a wrongful and intentional killing, including
|
Change Date |
February 19, 2019 |
III.v.1.F.3.a. Death as a Result of an Accident |
A death may be considered accidental if the chain of circumstances resulting in the fatality was not set in motion for the purpose of causing death. |
III.v.1.F.3.e. Evidence Showing the Claimant Is Insane |
Consider the claimant insane at the time of commission of the act if he or she was laboring under such a defect of reason from disease of mind or mental deficiency that he or she
Reference: For a description of the definition of insanity, see 38 CFR 3.354.
|
III.v.1.F.3.f. Submitting the Case for Rating Determination on the Claimant’s Sanity |
If there is a question as to the claimant’s sanity at the time of the killing, submit the case to the rating activity after development has been completed.
Unless reversed on legacy appeal or under decision review, the determination of the rating activity is conclusive on the question of the claimant’s sanity or insanity at the time of the killing.
Reference: For more information on insanity, see M21-1, Part III, Subpart v, 1.E.1.
|
4. Considering Judicial Proceedings in Homicide Determinations
Introduction |
This topic contains information on the effect of judicial proceedings on a VA determination, including
|
Change Date |
November 14, 2011 |
III.v.1.F.4.a. Rules of Evidence in Criminal Versus Civil Cases |
The rules of evidence, practice, and procedure in a criminal proceeding differ from those of a civil action in the following manner:
Therefore, adjudication in a civil action is not determinative as to the criminal
proceeding. |
III.v.1.F.4.b. VA’s Authority to Bar Benefits Based on Evidence of Homicide |
The guilt or innocence of a claimant accused of feloniously or intentionally causing the death of the Veteran or another beneficiary is a question of fact that affects the rights of the claimant.
VA has the authority to
|
III.v.1.F.4.c. When to Develop for Additional Evidence Regarding Homicide |
Use the table to determine when to develop for additional evidence and make a determination regarding homicide.
Reference: For more information on the prohibition of benefits due to homicide, see 38 CFR 3.11.
|
5. Handling Effects of Adverse Determinations
Introduction |
This topic contains information on the effect of adverse finding on the various classes of claimants or beneficiaries, including
|
Change Date |
November 14, 2011 |
III.v.1.F.5.a. Determining the Effect of the Homicide of a Veteran |
Use the table below to determine the effect of wrongful and intentional killing of a Veteran.
|
III.v.1.F.5.b. Effect of a Homicide of a Beneficiary |
The rule that a wrongdoer may not profit by a wrongful act applies equally to a beneficiary of Survivors Pension, Dependency and Indemnity Compensation (DIC), and accrued benefits who wrongfully and intentionally caused the death of another beneficiary.
The beneficiary’s entitlement as a dependent of the deceased Veteran is not affected, but the dependent cannot receive any increase that is otherwise payable as the result of the other beneficiary’s death.
Use the table below for some example situations and their respective result and action.
|
III.v.1.F.5.c. Effect of Homicide on Entitlement to Accrued Amounts |
The effect of adverse determinations stated in M21-1, Part III, Subpart v, 1.F.5.aand b for the various classes of beneficiaries apply equally to claimants for accrued amounts and lump sums payable under 38 U.S.C. 5121 and 38 U.S.C. 5502(d).
Since payment of accrued amounts is governed by a succession of preferred beneficiaries, the wrongful and intentional killing of a preferred beneficiary by one in the
|
6. Effect of an Insurance Interpleader on Claims for Other Benefits in Cases Involving Homicide
Introduction |
This topic contains information on the effect of an insurance interpleader on claims for other benefits, including
|
Change Date |
November 14, 2011 |
III.v.1.F.6.a. Deferring Final Homicide Determination When Insurance Benefits Are Involved |
For Survivors Pension, DIC, or accrued amount claims, defer a final homicide determination pending submission of the case to the General Counsel, if
General Counsel determines the propriety of filing a bill of interpleader for insurance purposes.
Reference: For more information on the effect of an insurance interpleader on claims for other benefits, see M21-1, Part III, Subpart vi, 6.C.5.
|
III.v.1.F.6.b. Considering the Conclusions of Law of the Court |
It is the policy of VA to give careful consideration to the findings of fact and conclusions of law of the court in determining the rights of the claimant to the benefit claimed.
However, the decisions of the VA Secretary are final on matters of compensation, pension, and DIC.
|
Historical_M21-1III_v_1_SecF_4-25-15.doc | May 16, 2019 | 119 KB |
2-19-19_Key-Changes_M21-1III_v_1_SecF.docx | May 16, 2019 | 51 KB |
Change-April-25-2015-Transmittal-Sheet-M21-1III_v_1_SecF_TS.docx | May 16, 2019 | 38 KB |
Transmittal-pt03_sp05_ch01_TS.doc | May 16, 2019 | 140 KB |
in Chapter 1 Administrative Decisions, Part III General Claims Process, Subpart v General Authorization Issues and Claimant Notification
Related Articles