38 C.F.R. § 3.11

Homicide

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Any person who has intentionally and wrongfully caused the death of another person is not entitled to pension, compensation, or dependency and indemnity compensation or increased pension, compensation, or dependency and indemnity compensation by reason of such death. For the purpose of this section the term dependency and indemnity compensation includes benefits at dependency and indemnity compensation rates paid under 38 U.S.C. 1318.

[44 FR 22718, Apr. 17, 1979, as amended at 54 FR 31829, Aug. 2, 1989]

Notes of Decisions

Cited in 3 cases, 1993–2009 · leading case: Jessica M. Lofton, Claimant-Appellant v. Togo D. West, Jr., Sec'y of Vets. Affairs, 198 F.3d 846 (Fed. Cir. 1999).

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Jessica M. Lofton, Claimant-Appellant v. Togo D. West, Jr., Sec'y of Vets. Affairs, 198 F.3d 846 (Fed. Cir. 1999). · cites it 9× “Lofton’s claim, the regional office relied on 38 C.F.R. § 3.11 , which provides that “[a]ny person who has inten *848 tionally and wrongfully caused the death of another person is not entitled to pension, compensation, or dependency and indemnity compensation .”

Edythe F. Robinson v. Eric K. Shinseki, 22 Vet. App. 440 (Vet. App. 2009). · cites it 9× “at 420; see also 38 C.F.R. § 3.11 (2008). The veteran died of gunshot wounds to the head and chest.”

Ashley v. Brown, 6 Vet. App. 52 (Vet. App. 1993). “On January 10, 1989, a Department of Veterans Affairs (VA) Regional Office (RO) Administrative Decision held that the widow did not wrongfully cause the veteran’s death, and thus was not precluded by 38 C.F.R. § 3.11 from receiving DIC benefits.”

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