Challenging Dic Question Re Deceased Veteran/dui/auto Accident

[cowgirl]

question; re deceased active duty veteran auto accident. Thanks

Edited May 25, 2006 by cowgirl

[Guest Jim S.]

Please do not take what I say as the last word on the subject, even in the absence of any other replies, but if the serviceman was killed as a result of being intoxicated while driving, the VA will look upon this as a willful act of misconduct by the serviceman which resulted in his death and will most like deny the claim for DIC benefits.

In light of willful misconduct, benefits for compensation or pension cannot be awarded. If you are able to find medical evidence that the matter of the servicemans level of intoxication is questionalble and that his blood alcohol was less than the State required level, then you may refute the DUI as willful misconduct. Their may be other avenues open to refute willful misconduct, but I only know of this one.

Good luck

Jim S. :D

[Guest Berta]

Jim- I certainly feel you stated this correctly- as unfortunately-the VA would consider this just as you said- willful misconduct-

If there was a known severe inservice mental disability, and the veteran possibly had been documented with suicidal ideation-that could have been the actual cause of the accident or the veteran was under medications from the military that inhibiting driving abilities yet no one told him not to drive-(then again he drank anyhow) these extenuating circumstances- the VA would have to consider- but that would be a very difficult way to go.

A widow of a veteran, serving time in prison for causing the veteran's death-(she killed him with a shot gun)

applied for DIC- after her incarceration she received DIC as the VA considered that the veteran's total PTSD had made him so violent the she shot him in self defense.

The veteran's service connected disability had in fact-contributed to his own death.

Of course this claim involved considerable documentation of the veteran's violent behavior and VA treatment records.

My point is that the VA in a DIC claim will -if one has good evidence- consider any way at all that an inservice disability contributed to the veteran's death.

Based on the info you gave us-I do not see any DIC potential either.