**Ratings and Evaluations; Basic Entitlement Considerations**

3.301 Line of duty and misconduct 3.301-1

3.302 Service connection for mental unsoundness in suicide 3.302-1

**§3.301 Line of duty and misconduct.**

\(a\) *Line of duty*. Direct service connection may be granted only when
a disability or cause of death was incurred or aggravated in line of
duty, and not the result of the veteran's own willful misconduct or, for
claims filed after October 31, 1990, the result of his or her abuse of
alcohol or drugs. (Authority: 38 U.S.C. 105)

\(b\) *Willful misconduct.* Disability pension is not payable for any
condition due to the veteran's own willful misconduct. (Authority: 38
U.S.C. 1521)

\(c\) *Specific applications; willful misconduct*. For the purpose of
determining entitlement to service-connected and nonservice-connected
benefits the definitions in §§3.1(m) and (n) of this part apply except
as modified within paragraphs (c)(1) through (c)(3) of this section. The
provisions of paragraphs (c)(2) and (c)(3) of this section are subject
to the provisions of §3.302 of this part where applicable. (Authority:
38 U.S.C. 501(a))

\(1\) *Venereal disease*. The residuals of venereal disease are not to
be considered the result of willful misconduct. Consideration of service
connection for residuals of venereal disease as having been incurred in
service requires that the initial infection must have occurred during
active service. Increase in service of manifestations of venereal
disease will usually be held due to natural progress unless the facts of
record indicate the increase in manifestations was precipitated by
trauma or by the conditions of the veteran's service, in which event
service connection may be established by aggravation. Medical principles
pertaining to the incubation period and its relation to the course of
the disease; i.e., initial or acute manifestation, or period and course
of secondary and late residuals manifested, will be considered when time
of incurrence of venereal disease prior to or after entry into service
is at issue. In the issue of service connection, whether the veteran
complied with service regulations and directives for reporting the
disease and undergoing treatment is immaterial after November 14, 1972,
and the service department characterization of acquisition of the
disease as "willful misconduct" or as "not in line of duty" will not
govern.

\(2\) The simple drinking of alcoholic beverage is not of itself willful
misconduct. The deliberate drinking of a known poisonous substance or
under conditions which would raise a presumption to that effect will be
considered willful misconduct. If, in the drinking of a beverage to
enjoy its intoxicating effects, intoxication results proximately and
immediately in disability or death, the disability or death will be
considered the result of the person's willful misconduct. Organic
diseases and disabilities which are a secondary result of the chronic
use of alcohol as a beverage, whether out of compulsion or otherwise,
will not be considered of willful misconduct origin. (See §§21.1043,
21.5041, and 21.7051 of this title regarding the disabling effects of
chronic alcoholism for the purpose of extending delimiting periods under
education or rehabilitation programs.) (Authority: 38 U.S.C. 501(a))

\(3\) *Drug usage*. The isolated and infrequent use of drugs by itself
will not be considered willful misconduct; however, the progressive and
frequent use of drugs to the point of addiction will be considered
willful misconduct. Where drugs are used to enjoy or experience their
effects and the effects result proximately and immediately in disability
or death, such disability or death will be considered the result of the
person's willful misconduct. Organic diseases and disabilities which are
a secondary result of the chronic use of drugs and infections coinciding
with the injection of drugs will not be considered of willful misconduct
origin. (See paragraph (d) of this section regarding service connection
where disability or death is a result of abuse of drugs.) Where drugs
are used for therapeutic purposes or where use of drugs or addiction
thereto, results from a service-connected disability, it will not be
considered of misconduct origin. (Authority: 38 U.S.C. 105, 1110, 1121,
1131, 1301, and 1521(a))

\(d\) *Line of duty; abuse of alcohol or drugs*. An injury or disease
incurred during active military, naval, or air service shall not be
deemed to have been incurred in line of duty if such injury or disease
was a result of the abuse of alcohol or drugs by the person on whose
service benefits are claimed. For the purpose of this paragraph, alcohol
abuse means the use of alcoholic beverages over time, or such excessive
use at any one time, sufficient to cause disability to or death of the
user; drug abuse means the use of illegal drugs (including prescription
drugs that are illegally or illicitly obtained), the intentional use of
prescription or non-prescription drugs for a purpose other than the
medically intended use, or the use of substances other than alcohol to
enjoy their intoxicating effects. (Authority: 38 U.S.C. 105(a))

\[26 FR 1579, Feb. 24, 1961, as amended at 37 FR 24662, Nov. 18, 1972;
54 FR 31951, Aug. 8, 1989; 55 FR 13530, Apr. 11, 1990; 60 FR 27408, May
24, 1995\]

**Cross references:** In line of duty. See §3.1(m). Willful misconduct.
See §3.1(n). Extended period of eligibility. See §§21.1043 and 21.7051.
Periods of entitlement. See §21.5041.

**Supplement *Highlights* reference**: 16(1)