---
kind: "section"
citation: "38 C.F.R. § 3.302"
title: "38"
number: "3.302"
heading: "Service connection for mental unsoundness in suicide."
url: "https://uscodex.org/cfr/38/3.302"
---

# §3.302. Service connection for mental unsoundness in suicide.

- (a) **General.**
  - (1) In order for suicide to constitute willful misconduct, the act of self-destruction must be intentional.
  - (2) A person of unsound mind is incapable of forming an intent (mens rea, or guilty mind, which is an essential element of crime or willful misconduct).
  - (3) It is a constant requirement for favorable action that the precipitating mental unsoundness be service connected.
- (b) **Evidence of mental condition.**
  - (1) Whether a person, at the time of suicide, was so unsound mentally that he or she did not realize the consequence of such an act, or was unable to resist such impulse is a question to be determined in each individual case, based on all available lay and medical evidence pertaining to his or her mental condition at the time of suicide.
  - (2) **The act of suicide or a bona fide attempt is considered to be evidence of mental unsoundness.** Therefore, where no reasonable adequate motive for suicide is shown by the evidence, the act will be considered to have resulted from mental unsoundness.
  - (3) A reasonable adequate motive for suicide may be established by affirmative evidence showing circumstances which could lead a rational person to self-destruction.
- (c) **Evaluation of evidence.**
  - (1) Affirmative evidence is necessary to justify reversal of service department findings of mental unsoundness where Department of Veterans Affairs criteria do not otherwise warrant contrary findings.
  - (2) In all instances any reasonable doubt should be resolved favorably to support a finding of service connection (see [§ 3.102](/cfr/38/3.102.md)).

## Notes

### Amendments

[28 FR 183, Jan. 8, 1963, as amended at 54 FR 31951, Aug. 3, 1989; 55 FR 13530, Apr. 11, 1990]

### Authority

Authority: 38 U.S.C. 501(a), unless otherwise noted.

### Amendments

[28 FR 183, Jan. 8, 1963, as amended at 54 FR 31951, Aug. 3, 1989; 55 FR 13530, Apr. 11, 1990]