Overview
In This Section |
This section contains the following topics:
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1. General Information About Requests to Withdraw an Initial Claim
Introduction |
This topic contains general information about receiving a claimant’s request to withdraw a pending initial claim, including
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Change Date |
March 4, 2019 |
III.ii.2.G.1.a. Who May Withdraw a Claim and What Types of Claims May Be Withdrawn |
A claimant or a claimant’s authorized representative may withdraw any type of claim that is before the Department of Veterans Affairs (VA), to include a claim for
Important: The procedures reflected in this section apply to initial claims only.
References: For more information on the withdrawal of
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III.ii.2.G.1.b. Acceptable Means for Requesting Withdrawal of a Claim |
There is no prescribed form for withdrawing a claim. VA accepts requests for withdrawal of a claim that a claimant or authorized representative submits
The request must contain enough information to identify the claim at issue, including the name of the Veteran and claimant (if the claimant is not the Veteran) and the corresponding file number.
Important: Follow the instructions in M21-1, Part III, Subpart iii, 1.B.1.e when accepting a request for withdrawal of a claim by telephone.
References: For more information about
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III.ii.2.G.1.c. Requests for Claim Withdrawal in Exam Cancellations |
Although a report of examination cancellation from the Veterans Health Administration or a contract examination facility may reflect that an examination was cancelled due to a claimant’s desire to withdraw the claim, this is not an adequate claim withdrawal. When a report of examination cancellation reflects a claimant’s desire to withdraw a claim, attempt to contact the claimant to clarify intent.
Continue processing the claim until the claimant confirms his/her intent to withdraw the claim either via telephone or in response to the Clarification of Intent to Withdraw letter. If the claim is ready for decision but the claimant cannot be contacted via telephone, defer making a decision on the claim for 15 days following the date of the Clarification of Intent to Withdraw letter. If the 15 day waiting period expires and no clarification of intent to withdraw is received, proceed with a decision on the claim.
References: For more information on documentation requirements for
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III.ii.2.G.1.d. Timeliness Requirement for Submitting a Request to Withdraw a Claim |
A request to withdraw a claim is valid only if VA receives it before issuing a decision notice regarding the same claim.
If VA receives a request for withdrawal of a claim after issuing a decision notice, the claimant must either accept or renounce the benefits payable to him/her as a result of VA’s decision.
Note: Upon receipt of a request for withdrawal of a claim after VA issues a decision notice, follow the instructions in Step 1 of the procedure described in M21-1, Part III, Subpart ii, 2.G.2.a.
Reference: For information about the renouncement of benefits, see M21-1, Part III, Subpart ii, 2.H.
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III.ii.2.G.1.f. Claimant’s Right to Retract a Request to Withdraw a Claim |
A claimant or his/her authorized representative may retract a request to withdraw a pending claim. However, a request for retraction is valid only if VA receives it within 30 days of the date VA notified the claimant that it had acted on the claimant’s request for withdrawal of the claim.
Important:
Reference: For more information about
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2. Considering the Factors That Affect the Way the Department of Veterans Affairs (VA) Processes a Request for Withdrawal of an Initial Claim
Change Date |
May 6, 2016 |
III.ii.2.G.2.a. Considering the Factors That Affect the Way VA Processes a Request for Withdrawal |
The actions VA takes when processing a request for withdrawal of a claim vary, depending on
Upon receipt of a request for withdrawal of a claim, first determine which of the above factors apply to the request. Then follow the instructions in the table below.
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3. Processing a Timely Received Request That VA Associates With the Claims Folder Before Issuing a Decision Notice
Introduction |
This topic contains instructions for processing a timely received request for withdrawal of an initial claim that VA associates with the corresponding claims folder before issuing a decision notice, including
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Change Date |
December 8, 2016 |
III.ii.2.G.3.a. Processing a Request for Withdrawal of a Claim in Its Entirety |
Follow the instructions in the table below when
Important: When a claimant requests withdrawal of a claim that involves multiple contentions, the claimant should specify which (if not all) of the individual contentions the request affects. If the claimant fails to do so, proceed as if the request applies to all contentions associated with the claim.
References: For more information about
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III.ii.2.G.3.b. Processing a Request for Withdrawal of a Claim When the Request Does Not Apply to All Contentions |
Follow the instructions in the table below when
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III.ii.2.G.3.c. Notifying a Claimant That VA Has Processed His/Her Request |
After following the instructions contained in M21-1, Part III, Subpart ii, 2.G.3.a orb,
Important:
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4. Processing a Retraction of a Request to Withdraw an Initial Claim
Change Date |
May 6, 2016 |
III.ii.2.G.4.a. Processing a Retraction of a Request to Withdraw a Claim |
Follow the instructions in the table below upon receipt of a retraction of a request to withdraw a claim.
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Historical_M21-1III_ii_2_SecG_9-15-16.docx | May 11, 2019 | 67 KB |
5-6-16_Key-Changes_M21-1III_ii_2_SecG.docx | May 11, 2019 | 83 KB |
Historical_M21-1III_ii_2_SecG_5-6-16.docx | May 11, 2019 | 71 KB |
Historical_M21-1III_ii_2_SecG_8-10-16.docx | May 11, 2019 | 71 KB |
Historical_M21-1III_ii_2_SecG_11-30-2015.docx | May 11, 2019 | 62 KB |
Historical_M21-1III_ii_2_SecG_12-8-16.docx | May 11, 2019 | 58 KB |
9-15-16_Key-Changes_M21-1III_ii_2_SecG.docx | May 11, 2019 | 62 KB |
8-10-16_Key-Changes_M21-1III_ii_2_SecG.docx | May 11, 2019 | 60 KB |
12-8-16_Key-Changes_M21-1III_ii_2_SecG.docx | May 11, 2019 | 54 KB |
11-30-15_Key-Changes_M21-1III_ii_2_SecG.docx | May 11, 2019 | 58 KB |
3-4-19_Key-Changes_M21-1III_ii_2_SecG.docx | May 11, 2019 | 49 KB |
in Chapter 2 Benefit Programs and Types of Claims, Part III General Claims Process, Subpart ii Initial Screening and Determining Veteran Status
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