Overview
In This Section |
This section contains the following topics:
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1. General Information About Renouncements
Introduction |
This topic contains general information about renouncements, including
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Change Date |
November 30, 2015 |
III.ii.2.H.1.a. Regulatory Provisions Regarding Renouncement of the Right to a Benefit |
According to 38 CFR 3.106, any individual entitled to compensation, pension, or Dependency and Indemnity Compensation (DIC) may renounce his or her right to that benefit.
Important: 38 CFR 3.106 requires renouncement of the full amount of entitlement; it specifically prohibits renouncement of individual portions of a benefit, such as the additional benefits payable for
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III.ii.2.H.1.b. Acceptable Means of Renouncing the Right to a Benefit |
Beneficiaries desiring to renounce their right to a benefit must submit a written andsigned request to the Department of Veterans Affairs (VA).
VA will not accept a request for renouncement that a representative, such as a power of attorney, signs and submits on a beneficiary’s behalf.
Requests for renouncement must be clear and unambiguous.
Reference: For more information about obtaining information from a beneficiary by telephone, see M21-1, Part III, Subpart iii, 1.B.1. |
III.ii.2.H.1.c. Right of a Former Beneficiary to File a Claim for a Benefit He/She Previously Renounced |
A former beneficiary who renounced his/her right to a benefit may later reapply for the same benefit at any time by filing a new application. Per 38 CFR 3.106(b),
Exception: If VA discontinues benefits based on a beneficiary’s renouncement of his/her right to pension or Parent’s DIC, and the beneficiary submits a new application for the same benefit within one year of the date VA received the beneficiary’s request for renouncement, 38 CFR 3.106(c)
Important: Upon receipt of a new application for benefits, address only those issues or contentions the claimant raises on the new application.
Example: Prior to a Veteran’s renouncement of her right to disability compensation, VA had been paying benefits to the Veteran for a service-connected (SC) back disorder. If the Veteran files a new application for disability compensation for a knee disorder, do not
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2. Information Unique to Renouncements of the Right to Disability Compensation or DIC
Introduction |
This topic contains information that is unique to renouncements of the right to disability compensation or DIC, including
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Change Date |
November 30, 2015 |
III.ii.2.H.2.a. Effect of Renouncement of the Right to Disability Compensation on Disability Evaluations |
The bullets below describe the effect that renouncement of the right to disability compensation has on the disability evaluations assigned to each of a Veteran’s SC disabilities:
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III.ii.2.H.2.b. Effect of Renouncement of the Right to Veterans Pension on a Rating of Permanent and Total Disability |
The bullets below describe the effect that renouncement of the right to Veterans Pension has on a Veteran’s permanent and total (P&T) disability rating:
Exception: The policies described in this block do not apply when a Veteran who renounced his/her right to pension reapplies for pension within one year of the date VA received his/her request for renouncement.
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3. Processing Renouncements
Introduction |
This topic contains instructions for processing renouncements, including
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Change Date |
June 19, 2018 |
III.ii.2.H.3.a.
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Control and process requests for renouncement of the right to a benefit under end product (EP) 290, using the Renouncement claim label.
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III.ii.2.H.3.c. System Entries for Discontinuing an Award |
To discontinue a beneficiary’s award based on his/her renouncement of the right to a benefit
References: For more information about processing renouncements in
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III.ii.2.H.3.d. Notification of Renouncement of the Right to Pension or Parents DIC |
Include the following text in decision notices to beneficiaries that have renounced their right to pension or DIC:
On [Enter the date VA received the request for renouncement.], we received notice that you want to renounce your right to [Enter the type of benefit the beneficiary renounced.] at this time.
This letter is to inform you we have discontinued your [Enter the type of benefit the beneficiary renounced.] effective [Enter the effective date of the renouncement.], which represents [Enter whichever of the following phrases applies: the first of the month following the date we received your request for renouncement or the first day of the month after the month for which we last paid benefits to you].
[If the beneficiary is a Veteran who is renouncing his/her right to pension, add the following text: For your information, Title 38, Code of Federal Regulations, Section 3.951(b), protects from reduction a rating of permanent and total disability for pension purposes that has been in effect for 20 or more years.] [If a rating of permanent and total disability has been in effect at least 20 years, add the following text: By renouncing your right to pension, you have lost the protection this regulation provides.] [If a rating of permanent and total disability has been in effect fewer than 20 years, add the follow text: While your benefits are in a renounced status, time does not accrue toward entitlement to the protection this regulation provides.]
You may reapply for the benefit you renounced at any time by submitting a new application. We will treat the new application as an original claim unless we receive it within one year of the date we received your request for renouncement.
References: For more information about
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III.ii.2.H.3.e. Notification of Renouncement of the Right to Benefits Other Than Pension or Parents DIC |
Include the following text in decision notices to beneficiaries that have renounced their right to a benefit other than pension or Parents DIC:
On [Enter the date VA received the request for renouncement.], we received notice that you want to renounce your right to [Enter the type of benefit the beneficiary renounced.] at this time.
This letter is to inform you we have discontinued your [Enter the type of benefit the beneficiary renounced.] effective [Enter the effective date of the renouncement.], [Enter whichever of the following phrases applies:the first of the month following the date we received your request for renouncement or the first day of the month after the month for which we last paid benefits to you.].
[If the beneficiary is a Veteran who is renouncing his/her right to disability compensation, add the following text: For your information, Title 38, Code of Federal Regulations, Section 3.951(b), protects from reduction any disability evaluation that has been in effect for 20 or more years.] [If the Veteran has a disability evaluation that has been in effect at least 20 years, add the following text: By renouncing your right to disability compensation, you have lost the protection this regulation provides.] [If the Veteran has a disability evaluation that has been in effect fewer than 20 years, add the following text, as well: While your benefits are in a renounced status, time does not accrue toward entitlement to the protection this regulation provides.]
You may reapply for the benefit you renounced at any time by submitting a new application. We will treat the new application as an original claim. If you reestablish entitlement to the renounced benefit, the law prohibits us from awarding it to you for any period prior to the date we receive the new application.
References: For more information about
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11-30-15_Key-Changes_M21-1III_ii_2_SecH.docx | May 11, 2019 | 51 KB |
Historical_M21-1III_ii_2_SecH_11-30-15.doc | May 11, 2019 | 102 KB |
6-19-18_Key-Changes_M21-1III_ii_2_SecH.docx | May 11, 2019 | 46 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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