Ashley, In re

No. 90-53-327 (Bd. of Veterans’ App. Aug. 24, 1994) ; Clearinghouse Number: 50197

Description

Death of Veteran Shot by Wife During Assault Is Service Connected

Abstract

The Board of Veterans’ Appeals has held that a finding of service connection is warranted for veteran’s cause of death from a gunshot wound inflicted by his wife after he had stabbed her with a knife during a domestic argument. Police records indicated that veteran was under the influence of alcohol at the time of his death. Wife sought benefits; she argued that veteran’s death was service connected because he was killed as a result of a violent outburst due to posttraumatic stress disorder (PTSD). Wife contended that veteran’s PTSD was caused by his military service experiences and that his alcohol abuse was an attempt to self-medicate the PTSD, his primary illness. Medical records and family members’ testimony revealed that veteran had been treated for alcohol dependence. The record also contained a psychologist’s report indicating that veteran suffered from service-connected PTSD and that his alcohol problem was a result of a pattern of acts and behaviors resulting from PTSD and its complications. The Board noted that VA regulations state that service connection for PTSD requires medical evidence establishing a diagnosis of the condition, credible supporting evidence that the claimed in-service stressor occurred, and a link between current symptomatology and the claimed in-service stressor. The Board found that, at the time of his death, veteran had a service-connected PTSD and that there was a causal relationship between his alcohol abuse and his death.

Additional Information

Attorney Information
Appellant represented by Audrey White, National Veterans Legal Services Project, 2001 S St. NW, Washington, DC 20009-1125, (202) 265-8305.
Docket Date
1994-08-24 00:00:00+00:00

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