## Section F. Homicide

#### Overview

+------------+---------------------------------------------------------+
| #          | > This section contains the following topics:           |
| #### In th |                                                         |
| is Section |                                                         |
+------------+---------------------------------------------------------+

  ---------- ----------------------------------------------- ------------
  Topic      Topic Name                                      See Page

  21         General Information on Cases Involving a        1-F-2
             Homicide                                        

  22         Developing for a Claim When Death Is a Homicide 1-F-4

  23         Facts to Be Considered In a Wrongful and        1-F-6
             Intentional Killing                             

  24         Effect of Judicial Proceedings on a Department  1-F-9
             of Veterans Affairs (VA) Determination          

  25         Handling Effects of Adverse Determinations      1-F-11

  26         Effect of an Insurance Interpleader on Claims   1-F-15
             for Other Benefits in Cases Involving Homicide  
  ---------- ----------------------------------------------- ------------

#### 21. General Information on Cases Involving a Homicide

+------------+---------------------------------------------------------+
| ##### In   | > This topic contains general information on handling   |
| troduction | > cases involving a homicide, including information on  |
|            |                                                         |
|            | -   the effect of a homicide determination on the right |
|            |     to benefits                                         |
|            |                                                         |
|            | -   responsibility for making a homicide determination  |
|            |                                                         |
|            | -   participation in a wrongful and intentional         |
|            |     killing, and                                        |
|            |                                                         |
|            | -   language for denial letters.                        |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##### C    | > March 7, 2006                                         |
| hange Date |                                                         |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ####       | > Whether or not a claimant or beneficiary wrongfully   |
| # a. Effec | > and intentionally caused the death of a veteran or    |
| t of a Hom | > another beneficiary is a question of fact that        |
| icide Dete | > affects the right of a claimant to Department of      |
| rmination  | > Veterans Affairs (VA) benefits.                       |
| on Right t |                                                         |
| o Benefits |                                                         |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##### b.   | > It is the responsibility of authorization to make a   |
| Responsibi | > homicide determination for approval by the Veterans   |
| lity for M | > Service Center Manager (VSCM), who may delegate this  |
| aking a Ho | > authority to a supervisor not lower than a coach.     |
| micide Det | >                                                       |
| ermination | > ***Reference***: For more information on preparing    |
|            | > administrative decisions, see M21-1MR, Part III,      |
|            | > Subpart v, 1.A.2.                                     |
+------------+---------------------------------------------------------+

Continued on next page

21\. General Information on Cases Involving a Homicide, Continued

+------------+---------------------------------------------------------+
| ##### c.   | > Do *not* pay benefits to a claimant if it is an       |
|  Participa | > established fact that the claimant wrongfully and     |
| tion in Wr | > intentionally                                         |
| ongful and |                                                         |
|  Intention | -   took the life of a veteran or beneficiary           |
| al Killing |                                                         |
|            | -   encouraged or induced another to take the life of a |
|            |     veteran or another beneficiary                      |
|            |                                                         |
|            | -   participated as an accomplice in the homicide       |
|            |                                                         |
|            | -   assisted in the planning or preparation leading to  |
|            |     the homicide, or                                    |
|            |                                                         |
|            | -   otherwise aided and abetted the person causing the  |
|            |     death.                                              |
|            |                                                         |
|            | > For adjudicating 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                        |
|            |                                                         |
|            | -   the result of                                       |
|            |                                                         |
|            | ```{=html}                                              |
|            | <!-- -->                                                |
|            | ```                                                     |
|            | -   an accident, or                                     |
|            |                                                         |
|            | -   self-defense, or                                    |
|            |                                                         |
|            | ```{=html}                                              |
|            | <!-- -->                                                |
|            | ```                                                     |
|            | -   committed while the claimant was insane.            |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| #####      | > Avoid any reference or charge of guilt or implication |
| d. Languag | > in the homicidal death of the veteran in the          |
| e for Deni | > disallowance letter. Use the following language:      |
| al Letters | >                                                       |
|            | > "*Based on the available evidence, we find the        |
|            | > veteran's death was incurred under circumstances that |
|            | > prevent payment of VA benefits to you based on that   |
|            | > death*."                                              |
+------------+---------------------------------------------------------+

#### 22. Developing for a Claim When Death Is a Homicide

+------------+---------------------------------------------------------+
| ##### In   | > This topic contains information on development when a |
| troduction | > claim is received and death is a homicide. It         |
|            | > includes information on                               |
|            |                                                         |
|            | -   determining if a claimant was implicated in the     |
|            |     death of a beneficiary                              |
|            |                                                         |
|            | -   obtaining evidence regarding homicide               |
|            |                                                         |
|            | -   corresponding with the claimant or persons outside  |
|            |     VA                                                  |
|            |                                                         |
|            | -   handling evidence or information connecting the     |
|            |     claimant with the homicide, and                     |
|            |                                                         |
|            | -   obtaining information from record testimony.        |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##### C    | > March 7, 2006                                         |
| hange Date |                                                         |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##### a.   | > If the available evidence indicates that the death of |
| Determinin | > the veteran or a beneficiary is the result of a       |
| g If a Cla | > homicide, determine whether or not the claimant was   |
| imant Was  | > implicated in the death before authorizing payment of |
| Implicated | > death benefits.                                       |
|  in the De | >                                                       |
| ath of a B | > ***Important***: Do *not* develop for further         |
| eneficiary | > evidence if it can be determined by inquiry to the    |
|            | > local sheriff or police that the claimant was not or  |
|            | > could not have been implicated in the homicide. This  |
|            | > may be true even if the person or persons responsible |
|            | > for the death is unknown.                             |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| #####      | > Typically, evidence required to make a determination  |
| b. Obtaini | > can be obtained through correspondence with any of    |
| ng Evidenc | > the following sources:                                |
| e Regardin |                                                         |
| g Homicide | -   police                                              |
|            |                                                         |
|            | -   sheriff                                             |
|            |                                                         |
|            | -   medical examiner                                    |
|            |                                                         |
|            | -   prosecuting attorney                                |
|            |                                                         |
|            | -   clerk of the court, or                              |
|            |                                                         |
|            | -   other persons having knowledge of the               |
|            |     circumstances.                                      |
|            |                                                         |
|            | > If the information cannot be obtained from these      |
|            | > sources, request a field examination to obtain the    |
|            | > necessary evidence.                                   |
|            | >                                                       |
|            | > ***Reference***: For more information on field        |
|            | > examinations, see M21-1MR, Part III, Subpart vi, 8.7  |
|            | > (TBD -- [M21, Pt III,                                 |
|            | > 8.02](http                                            |
|            | ://www.warms.vba.va.gov/admin21/m21_1/part3/ch08.doc)). |
+------------+---------------------------------------------------------+

Continued on next page

22\. Developing for a Claim When Death Is a Homicide, Continued

+------------+---------------------------------------------------------+
| ##         | > Carefully word any correspondence to the claimant or  |
| ### c. Cor | > persons outside VA, requesting information in         |
| responding | > connection with death by homicide, to ensure there is |
|  With the  | > no inference that VA suspects or implies that the     |
| Claimant o | > claimant or any other particular person may be guilty |
| r Persons  | > or implicated in the homicide.                        |
| Outside VA |                                                         |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ###        | > If there is evidence or information connecting the    |
| ## d. Hand | > claimant with the homicide, develop by field          |
| ling Evide | > examination to obtain all the facts.                  |
| nce or Inf | >                                                       |
| ormation C | > ***Important***: Do not request copies of grand jury  |
| onnecting  | > records under *any* circumstances, either by letter   |
| the Claima | > or field examination.                                 |
| nt With th |                                                         |
| e Homicide |                                                         |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ###        | > It may be necessary to request that the field         |
| ## e. Obta | > examiner review the court records to obtain pertinent |
| ining Info | > information from recorded testimony at a trial as     |
| rmation Fr | > well as names of witnesses.                           |
| om Record  | >                                                       |
| Testimony  | > Request transcripts of recorded testimony only in     |
|            | > extreme cases in which the question cannot otherwise  |
|            | > be resolved.                                          |
+------------+---------------------------------------------------------+

#### 23. Facts To Be Considered In a Wrongful and Intentional Killing

+------------+---------------------------------------------------------+
| ##### In   | > This topic contains information on the facts to be    |
| troduction | > considered in a wrongful and intentional killing,     |
|            | > including information on                              |
|            |                                                         |
|            | -   death as a result of an accident                    |
|            |                                                         |
|            | -   death as a result of self-defense                   |
|            |                                                         |
|            | -   a homicide committed while insane                   |
|            |                                                         |
|            | -   determining when to request additional evidence     |
|            |     regarding the claimant's sanity                     |
|            |                                                         |
|            | -   determining insanity, and                           |
|            |                                                         |
|            | -   submitting the case for rating.                     |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##### C    | > March 7, 2006                                         |
| hange Date |                                                         |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| #          | > Death may be considered accidental if it can be       |
| #### a. De | > established that the chain of circumstances causing   |
| ath as a R | > the fatality was not set in motion for the purpose of |
| esult of a | > causing death.                                        |
| n Accident |                                                         |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##         | > It may be found that the claimant acted in            |
| ### b. Dea | > self-defense and that the death occurred as a result  |
| th as a Re | > of the claimant's action to protect himself/herself   |
| sult of Se | > if the evidence shows any of the following            |
| lf-Defense | > circumstances existed:                                |
|            |                                                         |
|            | -   the claimant suffered an immediate fear of          |
|            |                                                         |
|            | ```{=html}                                              |
|            | <!-- -->                                                |
|            | ```                                                     |
|            | -   loss of life                                        |
|            |                                                         |
|            | -   incest, or                                          |
|            |                                                         |
|            | -   other serious bodily harm by reason of threatening  |
|            |     acts of the deceased                                |
|            |                                                         |
|            | ```{=html}                                              |
|            | <!-- -->                                                |
|            | ```                                                     |
|            | -   there was no logical avenue of escape or retreat    |
|            |     for the claimant, and                               |
|            |                                                         |
|            | -   the deceased was in a position to, and had the      |
|            |     apparent means to commit the crime.                 |
|            |                                                         |
|            | > ***Important***: Examine and weigh all facts and      |
|            | > circumstances surrounding the killing, regardless of  |
|            | > the action taken by civil authorities, to determine   |
|            | > if the claimant's allegation of self-defense is       |
|            | > sustained by the information or evidence available.   |
+------------+---------------------------------------------------------+

Continued on next page

23\. Facts To Be Considered In a Wrongful and Intentional Killing,
Continued

+------------+---------------------------------------------------------+
| ##### c. H | > If the claimant or beneficiary caused the death of    |
| omicide Co | > the veteran or another beneficiary and it is          |
| mmitted Wh | > established that such act was committed while insane, |
| ile Insane | > the killing will *not* bar the claimant from          |
|            | > receiving death benefits.                             |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##### d.   | > Use the table below to determine when to request      |
|  Determini | > additional evidence regarding the claimant's sanity.  |
| ng When to |                                                         |
|  Request A |                                                         |
| dditional  |                                                         |
| Evidence R |                                                         |
| egarding t |                                                         |
| he Claiman |                                                         |
| t's Sanity |                                                         |
+------------+---------------------------------------------------------+

+----------------------------------+-----------------------------------+
| If ...                           | Then ...                          |
+----------------------------------+-----------------------------------+
| the question of the claimant's   | accept the determination without  |
| sanity at the time of the        | further development.              |
| killing is determined in a       |                                   |
| judicial proceeding connected    |                                   |
| with the trial on the criminal   |                                   |
| charge                           |                                   |
+----------------------------------+-----------------------------------+
| a judicial determination of      | obtain all the evidence and       |
| insanity is made at or before a  | information available with        |
| trial without any determination  | respect to the                    |
| as to the sanity of the claimant |                                   |
| at the time of the killing       | -   circumstances surrounding the |
|                                  |     killing, and                  |
|                                  |                                   |
|                                  | -   mental condition of the       |
|                                  |     claimant at the time of the   |
|                                  |     killing.                      |
|                                  |                                   |
|                                  | ***Note***: Determine the         |
|                                  | claimant's sanity based on the    |
|                                  | evidence received.                |
+----------------------------------+-----------------------------------+

Continued on next page

23\. Facts To Be Considered In a Wrongful and Intentional Killing,
Continued

+------------+---------------------------------------------------------+
| ##### e.   | > Consider the claimant insane at the time of           |
| Determinin | > commission of the act if he or she was laboring under |
| g Insanity | > such a defect of reason from disease of mind or       |
|            | > mental deficiency that he or she                      |
|            |                                                         |
|            | -   did not know the nature and consequence of the act, |
|            |     or                                                  |
|            |                                                         |
|            | -   knew the nature and consequences of the act, but    |
|            |     did not perceive the act as wrong.                  |
|            |                                                         |
|            |     ***Reference:*** For a description of the           |
|            |     definition of insanity, see [38 CFR                 |
|            |     3.354](http://w                                     |
|            | ww.warms.vba.va.gov/regs/38CFR/BOOKB/PART3/S3_354.DOC). |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##### f.   | > If there is a question as to the claimant's sanity at |
| Submitting | > the time of the killing, submit the case to the       |
|  the Case  | > rating activity after development has been completed. |
| for Rating | >                                                       |
|            | > Unless reversed on appeal, 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 M21-1MR, Part III, Subpart v, 1.E.                |
+------------+---------------------------------------------------------+

#### 24. Effect of Judicial Proceedings on a Department of Veterans Affairs (VA) Homicide Determination

+------------+---------------------------------------------------------+
| ##### Int  | > This topic contains information on the effect of      |
| roduction  | > judicial proceedings on a VA determination, including |
|            | > information on                                        |
|            |                                                         |
|            | -   the rules of evidence in criminal vs. civil cases   |
|            |                                                         |
|            | -   VA's authority to bar benefits based on evidence,   |
|            |     and                                                 |
|            |                                                         |
|            | -   when to develop for additional evidence.            |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##### C    | > March 7, 2006                                         |
| hange Date |                                                         |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ####       | > The rules of evidence, practice, and procedure in a   |
| # a. Rules | > criminal proceeding differ from those of a civil      |
|  of Eviden | > action in the following manner, so that an            |
| ce in Crim | > adjudication in the one is not decisive as to the     |
| inal vs. C | > other:                                                |
| ivil Cases |                                                         |
|            | -   in a criminal proceeding, guilt must be proved      |
|            |     beyond a reasonable doubt, but                      |
|            |                                                         |
|            | -   in a civil action, the issue is determinable upon a |
|            |     preponderance of evidence.                          |
|            |                                                         |
|            | > 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.              |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##### b    | > VA has the power to                                   |
| . VA's Aut |                                                         |
| hority to  | -   determine guilt or innocence based on the           |
| Bar Benefi |     preponderance of evidence that the accused is       |
| ts Based o |     guilty in any given case, and                       |
| n Evidence |                                                         |
|            | -   bar the claimant's right to benefits, if VA finds   |
|            |     the claimant guilty, independent of any verdict in  |
|            |     a criminal court.                                   |
+------------+---------------------------------------------------------+

Continued on next page

24\. Effect of Judicial Proceedings on a Department of Veterans Affairs
(VA) Homicide Determination, Continued

+------------+---------------------------------------------------------+
| ##### c.   | > Use the table to determine when to develop for        |
|  When to D | > additional evidence and make a determination          |
| evelop for | > regarding homicide.                                   |
|  Additiona |                                                         |
| l Evidence |                                                         |
+------------+---------------------------------------------------------+

+----------------------------------+-----------------------------------+
| If the claimant ...              | Then ...                          |
+----------------------------------+-----------------------------------+
| is convicted                     | -   do not make any further       |
|                                  |     effort to develop the case,   |
|                                  |     and                           |
|                                  |                                   |
|                                  | -   accept the verdict of the     |
|                                  |     court to bar entitlement to   |
|                                  |     death benefits.               |
+----------------------------------+-----------------------------------+
| -   is acquitted or a conviction | develop the facts surrounding the |
|     in a lower court is reversed | death for the purpose of making a |
|     on appeal                    | determination, regardless of the  |
|                                  | action of the                     |
| -   has not been brought to      |                                   |
|     trial, or                    | -   grand jury                    |
|                                  |                                   |
| -   is suspected of homicide,    | -   medical examiner              |
|     but was never brought to     |                                   |
|     trial                        | -   prosecuting attorney, or      |
|                                  |                                   |
|                                  | -   police.                       |
|                                  |                                   |
|                                  | ***Rationale***: Frequently, law  |
|                                  | enforcement officials are         |
|                                  | satisfied in their own minds that |
|                                  | a person is guilty, but cannot    |
|                                  | obtain sufficient evidence to     |
|                                  | establish guilt beyond a          |
|                                  | reasonable doubt.                 |
+----------------------------------+-----------------------------------+

#### 25. Handling Effects of Adverse Determinations 

+------------+---------------------------------------------------------+
| ##### Int  | > This topic contains information on the effect of      |
| roduction  | > adverse finding on the various classes of claimants   |
|            | > or beneficiaries, including information on            |
|            |                                                         |
|            | -   determining the effect of a wrongful and            |
|            |     intentional killing of the veteran                  |
|            |                                                         |
|            | -   the effect of a wrongful and intentional killing of |
|            |     a beneficiary, and                                  |
|            |                                                         |
|            | -   the effect on accrued amounts.                      |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##### C    | > March 7, 2006                                         |
| hange Date |                                                         |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##         | > Use the table below to determine the effect of        |
| ### a. Det | > wrongful and intentional killing of veteran.          |
| ermining t |                                                         |
| he Effect  |                                                         |
| of a Wrong |                                                         |
| ful and In |                                                         |
| tentional  |                                                         |
| Killing of |                                                         |
|  a Veteran |                                                         |
+------------+---------------------------------------------------------+

+---------------------------------+------------------------------------+
| If the veteran's death is       | Then ...                           |
| wrongfully and intentionally    |                                    |
| caused by ...                   |                                    |
+---------------------------------+------------------------------------+
| a surviving spouse              | -   deny the claim, and            |
|                                 |                                    |
|                                 | -   make any award of death        |
|                                 |     benefits to the veteran's      |
|                                 |     children in an amount which    |
|                                 |     would have been payable to     |
|                                 |     them had they been the sole    |
|                                 |     original beneficiaries.        |
+---------------------------------+------------------------------------+
| a parent                        | -   deny that parent's claim, and  |
|                                 |                                    |
|                                 | -   pay the other parent, if any,  |
|                                 |     the amount which would have    |
|                                 |     been payable had that parent   |
|                                 |     been the sole original         |
|                                 |     beneficiary.                   |
+---------------------------------+------------------------------------+

Continued on next page

25\. Handling Effects of Adverse Determinations, Continued

  -----------------------------------------------------------------------
  a\. Determining the Effect of a Wrongful and Intentional Killing of a
  Veteran (continued)

  -----------------------------------------------------------------------

+---------------------------------+------------------------------------+
| If the veteran's death is       | Then ...                           |
| wrongfully and intentionally    |                                    |
| caused by ...                   |                                    |
+---------------------------------+------------------------------------+
| the child, and the              | the surviving spouse may be        |
|                                 | awarded additional death benefits  |
| -   surviving spouse is         | on account of the child if the     |
|     entitled to benefits, and   | surviving spouse is entitled to    |
|                                 | benefits and retains custody of    |
| -   child is in the custody of  | the child.                         |
|     the surviving spouse        |                                    |
|                                 | ***Note***: The question of        |
|                                 | whether or not payment to the      |
|                                 | child might be barred because the  |
|                                 | child caused the death of the      |
|                                 | veteran is immaterial when the     |
|                                 | child is in the custody of the     |
|                                 | surviving spouse. Under such       |
|                                 | circumstances, it is the surviving |
|                                 | spouse who is entitled and the     |
|                                 | child has no right or title to any |
|                                 | part of such benefits.             |
+---------------------------------+------------------------------------+
| the child, and                  | -   pay the surviving spouse the   |
|                                 |     amount which would have been   |
| -   the surviving spouse is     |     payable if that child did not  |
|     entitled to benefits, and   |     exist, and                     |
|                                 |                                    |
| -   the child is not in the     | -   determine the rates payable in |
|     surviving spouse's actual   |     awards to other children       |
|     or constructive custody     |     entitled to an apportioned     |
|                                 |     share as though this child did |
|                                 |     not exist.                     |
+---------------------------------+------------------------------------+
| the child and the surviving     | -   deny the claim, and            |
| spouse is not entitled to       |                                    |
| benefits                        | -   increase the rates for other   |
|                                 |     surviving children, if any, as |
|                                 |     though the child who did the   |
|                                 |     wrongful act did not exist.    |
+---------------------------------+------------------------------------+

Continued on next page

25\. Handling Effects of Adverse Determinations, Continued

+------------+---------------------------------------------------------+
| #          | > The rule that a wrongdoer may not profit by a         |
| #### b. Ef | > wrongful act applies equally to a beneficiary of      |
| fect of a  | > death pension, Dependency and Indemnity Compensation  |
| Wrongful a | > (DIC), and accrued benefits who wrongfully and        |
| nd Intenti | > intentionally caused the death of another             |
| onal Killi | > beneficiary.                                          |
| ng of a Be | >                                                       |
| neficiary  | > 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.                   |
+------------+---------------------------------------------------------+

+----------------------------------+-----------------------------------+
| Example Situation                | Result and Action                 |
+----------------------------------+-----------------------------------+
| The veteran's child receiving    | The child who caused the death    |
| death benefits wrongfully and    | *cannot* profit from the other    |
| intentionally causes the death   | child's death.                    |
| of another veteran's child in    |                                   |
| receipt of death benefits.       | Do *not* pay any increase that    |
|                                  | would have been payable because   |
|                                  | of the discontinuance of benefit  |
|                                  | payments to, or on account of,    |
|                                  | the deceased child.               |
+----------------------------------+-----------------------------------+
| The parent wrongfully and        | The parent who caused the death   |
| intentionally caused the death   | is precluded from                 |
| of the other parent.             |                                   |
|                                  | -   receiving an increase in      |
|                                  |     death compensation or DIC as  |
|                                  |     a sole surviving parent, or   |
|                                  |                                   |
|                                  | -   initially receiving the rate  |
|                                  |     as a sole surviving parent.   |
+----------------------------------+-----------------------------------+

Continued on next page

25\. Handling Effects of Adverse Determinations, Continued

+------------+---------------------------------------------------------+
| ####       | > The effect of adverse determinations stated in        |
| # c. Effec | > M21-1MR, Part III, Subpart v, 1.F.25.a and M21-1MR,   |
| t on Accru | > Part III, Subpart v, 1.F.25.b for the various classes |
| ed Amounts | > of beneficiaries apply equally to claimants for       |
|            | > accrued amounts and lump sums payable under [38       |
|            | > U.S.C.                                                |
|            | > 5121](http://straylight.law.cornell.edu               |
|            | /uscode/html/uscode38/usc_sec_38_00005121----000-.html) |
|            | > and [38 U.S.C.                                        |
|            | > 5502(d)](http://straylight.law.cornell.edu/           |
|            | uscode/html/uscode38/usc_sec_38_00005502----000-.html). |
|            | >                                                       |
|            | > 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                                            |
|            |                                                         |
|            | -   next lower order of preference, bars any payment of |
|            |     the accrued amount to the wrongdoer, or             |
|            |                                                         |
|            | -   same class of beneficiaries, bars the payment of an |
|            |     increased share.                                    |
+------------+---------------------------------------------------------+

#### 26. Effect of an Insurance Interpleader on Claims for Other Benefits in Cases Involving Homicide

+------------+---------------------------------------------------------+
| ##### In   | > This topic contains information on the effect of an   |
| troduction | > insurance interpleader on claims for other benefits,  |
|            | > including information on                              |
|            |                                                         |
|            | -   deferring final determination, and                  |
|            |                                                         |
|            | -   considering the law of the court.                   |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##### C    | > March 7, 2006                                         |
| hange Date |                                                         |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##### a.   | > For death pension, DIC, or accrued amount claims,     |
|  Deferring | > defer final determination pending submission of the   |
|  Final Det | > case to the General Counsel, if                       |
| ermination |                                                         |
|            | -   the claimant is also a beneficiary of insurance,    |
|            |     and                                                 |
|            |                                                         |
|            | -   the evidence indicates the claimant may have        |
|            |     participated in the killing of the person for whose |
|            |     death both VA and insurance benefits are payable.   |
|            |                                                         |
|            | > General Counsel determines the propriety of filing a  |
|            | > bill of interpleader for insurance purposes.          |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| #          | > It is the policy of VA to give careful consideration  |
| #### b. Co | > to the findings of fact and conclusions of law of the |
| nsidering  | > court in determining the rights of the claimant to    |
| the Law of | > the benefit claimed.                                  |
|  The Court | >                                                       |
|            | > However, the decisions of the Secretary of Veterans   |
|            | > Affairs are final on matters of compensation,         |
|            | > pension, and DIC.                                     |
|            | >                                                       |
|            | > ***Reference***: For more information on the effect   |
|            | > of an insurance interpleader on claims for other      |
|            | > benefits, see M21-1MR, Part III, Subpart vi, 6.C.9    |
|            | > (TBD --                                               |
|            | > [IV.5.10](http                                        |
|            | ://www.warms.vba.va.gov/admin21/m21_1/part4/ch05.doc)). |
+------------+---------------------------------------------------------+