M21-1, Part III, Subpart ii, Chapter 2, Section G – Withdrawal of Initial Claims

In This Section

Introduction

• who may withdraw a claim and what types of claims may be withdrawn
• acceptable means for requesting withdrawal of a claim
• requests for claim withdrawal in exam cancellations
• timeliness requirement for submitting a request to withdraw a claim
• effect of the withdrawal of a claim
• claimant’s right to retract a request to withdraw a claim, and
• example of the effect that withdrawal of a claim has on a claim that VA ultimately grants.

Change Date

III.ii.2.G.1.a.  Who May Withdraw a Claim and What Types of Claims May Be Withdrawn

• disability compensation
• Veterans Pension
• additional benefits for dependents
• survivors benefits, or
• an apportionment of benefits.

• claims, see
  • Hanson v. Brown, 9 Vet.App. 29 (1996), and
  • Delisio v. Shinseki, 25 Vet.App. 45 (2011), and
• decision reviews, see
  • 38 CFR 3.2500(d), and
  • M21-1, Part I, 7.4, and
• appeals, see
  • 38 CFR 20.204, and
  • M21-1, Part I, 5.A.3.

III.ii.2.G.1.b.  Acceptable Means for Requesting Withdrawal of a Claim

• in writing (a signed statement)
• orally (in person or by telephone), or
• electronically (by e-mail or through eBenefits or the Stakeholder Enterprise Portal (SEP)).

• withdrawing a decision review, see M21-1, Part I, 7.4
• eBenefits, see M21-1, Part III, Subpart i, 4.A.1, and
• SEP, see M21-1, Part III, Subpart i, 4.B.

III.ii.2.G.1.c.  Requests for Claim Withdrawal in Exam Cancellations

• Attempt to contact the claimant by telephone to clarify
  • whether there is intent to withdraw the claim, and
  • which issue(s) from the pending claim are being withdrawn.
• If the claimant cannot be contacted via telephone, send the claimant theClarification of Intent to Withdraw letter available in the Letter Creatortool within the Veterans Service Center letter menu or use the equivalent Personal Computer Generated Letter (PCGL) to clarify
  • whether there is intent to withdraw the claim, and
  • which issue(s) from the pending claim are being withdrawn.

• claims withdrawn via telephone, see M21-1, Part III, Subpart iii, 1.B.1.e
• withdrawals of a decision review, see M21-1, Part I, 7.4.b, and
• appeals, see M21-1, Part I, 5.A.3.b.

III.ii.2.G.1.d.  Timeliness Requirement for Submitting a Request to Withdraw a Claim

III.ii.2.G.1.e.  Effect of the Withdrawal of a Claim

• the claim ceases to exist
• the adjudicatory process with respect to the claim stops, and
• VA must treat the claim as if the claimant never filed it.

III.ii.2.G.1.f.  Claimant’s Right to Retract a Request to Withdraw a Claim

• The policy described in the above paragraph applies equally to situations in which VA cancels a claim after erroneously inferring from communication with a claimant that he/she wishes to withdraw his/her claim.
• The policies and principles expressed in M21-1, Part III, Subpart ii, 2.G.1.b, which discusses requests to withdraw a claim, apply equally to the requests for retraction discussed in this block.

Reference:  For more information about

• the letter VA sends to claimants as notification that VA has acted on his/her request for withdrawal of a claim, see M21-1, Part III, Subpart ii, 2.G.3.c, and
• processing a retraction of a request to withdraw a claim, see M21-1, Part III, Subpart ii, 2.G.4.a.

III.ii.2.G.1.g.  Example:  Effect That Withdrawal of a Claim Has on a Claim That VA Ultimately Grants

Change Date

III.ii.2.G.2.a.  Considering the Factors That Affect the Way VA Processes a Request for Withdrawal

• whether VA received the request before issuing a decision notice regarding the claim, and
• whether the claimant wishes to withdraw all of the contentions associated with the claim.

Introduction

• processing a request for withdrawal of a claim
  • in its entirety, and
  • when the request does not apply to all contentions, and
• notifying a claimant that VA has processed his/her request.

Change Date

III.ii.2.G.3.a.  Processing a Request for Withdrawal of a Claim in Its Entirety

• a claimant requests withdrawal of a claim in its entirety (all contentions associated with the claim), and
• VA associates the request with the claims folder before it generates a decision notice regarding the claim.

• processing a request to withdraw a claim in
  • the Veterans Benefits Management System (VBMS), see theVBMS-Awards User Guide, or
  • the Veterans Service Network (VETSNET), see the VETSNET Awards User Guide, and
• clearing an EP in Share, see the Share User Guide.

III.ii.2.G.3.b.  Processing a Request for Withdrawal of a Claim When the Request Does Not Apply to All Contentions

• a claimant requests withdrawal of a claim with multiple contentions
• the claimant is not withdrawing the claim in its entirety and has differentiated between which contentions are still active and which contentions he/she wishes to withdraw, and
• VA associates the request with the claims folder before it generates a decision notice regarding the claim.

III.ii.2.G.3.c.  Notifying a Claimant That VA Has Processed His/Her Request

• use the Letter Creator tool or equivalent letter from PCGL to generate theWithdrawal of Claim Letter (located in the IPC letter menu),
• send the letter to the claimant as notification that
  • VA has acted on the claimant’s request by cancelling his/her claim, and
  • VA may reverse the action it took only if the claimant asks VA to do so within 30 days.

• If the claim involved multiple contentions, and the claimant differentiated between the contentions to which the request applies and the contentions to which the request does not apply, list the contentions to which the request applies in the Withdrawal of Claim Letter.
• There is no requirement (or need) to inform a claimant of his/her appeal rights in a Withdrawal of Claim Letter.

Change Date

III.ii.2.G.4.a.  Processing a Retraction of a Request to Withdraw a Claim