Forshey v. West
United States Court of Appeals for Veterans Claims
12 Vet. App. 71 (1998)
- Written by Carolyn Strutton, JD
Facts
Charles Forshey was an active-duty member of the United States Navy who was killed in a motorcycle accident after veering off the road and colliding with a boulder. The investigation into the accident found that it occurred during daylight in good weather, that there were no signs of mechanical failure or physical cause, and that the motorcycle’s speed was not excessive. Toxicology reports, however, found that Forshey’s blood alcohol level was above a threshold that created a presumption of intoxication, and the investigation held that alcohol was therefore a factor in the accident. Forshey’s widow, Rezi Forshey (plaintiff) brought a claim for survivors’ benefits to the Department of Veterans Affairs (the VA) (defendant). The VA denied the claim, and Rezi appealed to the Board of Veterans’ Appeals (the board). The board looked to both the evidence of Forshey’s intoxication and the negative evidence disproving any other intervening causes. The board upheld the VA’s denial, finding that Forshey’s death was the result of his own willful misconduct. Rezi appealed.
Rule of Law
Issue
Holding and Reasoning (Kramer, J.)
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