DIC: What is Intentional and Wrongful

DIC: What is Intentional and Wrongful

The case of Keith A. Roberts v. Eric K. Shinkseki, Opinion Number 06-2699, decided May 17, 2010, remanded a denial for DIC.

This remand occurred after the Court of Appeals for the Federal Circuit vacated and remanded and a decision by the court which affirmed denial of disability and indemnity benefits to a woman because she killed her husband, the veteran.

The woman had entered a plea of nolo contendre and been found guilty of manslaughter. 28 C.F.R. section 3.11 prohibits receipt of any DIC benefits for someone who intentionally and wrongfully caused the death of the veteran. The case was reversed because in Florida (the site of the crime and plea) intent is not necessarily an element of manslaughter, and the Court required that the VA make a factual determination as to whether a possible beneficiary intentionally or wrongfully caused the death.

Many States do not require intent for manslaughter which means the VA can not simply deny a claim based on the conviction but must make a further factual determination regarding intentionality and wrongfulness.

Decision by Judges Kasold, Davis and Schoelen.