Overview
In This Section |
This section contains the following topics:
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1. General Information on Forfeiture of Benefits
Introduction |
This topic contains general information on forfeiture of benefits, including information on
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Change Date |
September 24, 2015
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III.vi.5.B.1.a. When Forfeiture of Benefits Occurs |
Forfeiture of benefits may be declared after September 1, 1959, for fraud or treasonable acts only in
Reference: For more information on fraud and treasonable acts, see
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III.vi.5.B.1.b. Definition: Foreign Case |
A foreign case is a case in which the beneficiary
Note: 38 CFR 3.1(i) defines “State” for Department of Veterans Affairs (VA) purposes.
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III.vi.5.B.1.c. Activities That Result in the Automatic Forfeiture of Benefits |
The table below shows the activities that would result in the automatic forfeiture of benefits depending on when the claim was filed.
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III.vi.5.B.1.d. Entitlement to Benefits Based on Subsequent Service |
Forfeiture of benefits based on one period of service does not affect entitlement to benefits based on a period of service beginning after the offense causing the forfeiture.
Important: Process a claim of this type based on the nonforfeiture period of service only.
Reference: For information on forfeiture of benefits based on one period of service, see 38 CFR 3.900(a).
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III.vi.5.B.1.e. Presidential Pardon Petitions |
Persons whose benefits have been forfeited may apply through the Department of Justice for a pardon from the President of the United States.
Important: The effective date of the resumption of benefits based on a presidential pardon (after discontinuation based on forfeiture) is the date of the pardon.
Reference: For more information on the resumption of benefits based on a presidential pardon, see
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2. Handling Forfeiture of Benefits
Introduction |
This topic describes the processes for handling forfeiture of benefits, including
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Change Date |
December 7, 2018
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III.vi.5.B.2.a. Handling Forfeiture of Benefits Based on Fraud or Treasonable Acts |
The table below
Note: In the Manila RO, the title Regional Counsel also includes the VSCM because the VSCM in the Manila RO performs the Regional Counsel functions for forfeiture cases under jurisdiction of that office.
References: For more information on
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III.vi.5.B.2.b. Submitting Cases of Forfeiture Based on Fraud or Treasonable Acts to Compensation Service or P&F Service |
The table below describes the process for submitting cases of forfeiture of benefits based on fraud, fraudulent evidence, or treasonable acts to the Compensation Service or P&F Service for consideration.
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III.vi.5.B.2.d. Handling the Jurisdiction of the Claims Folder in Cases Invoking Forfeiture |
Compensation Service or P&F Service refers cases to the RO identified in M21-1, Part III, Subpart ii, 5.A.1 as having jurisdiction based on the beneficiary’s foreign residence. The RO will discontinue benefits under 38 CFR 3.669.
Note: The Manila RO discontinues benefits for cases under its jurisdiction.
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III.vi.5.B.2.e. Resuming Payments in Cases With Non-Forfeiture Determinations |
Resume payments effective the date in the LAST PAID DATE field on the AWARD INFORMATION tab in Share under 38 CFR 3.669, if the payment of benefits is otherwise in order and
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III.vi.5.B.2.f. Handling Disagreements With Forfeiture Decisions |
When a legacy notice of disagreement (NOD) or decision review request regarding a forfeiture decision is timely filed, forward the following to Compensation Service or P&F Service:
Compensation Service or P&F Service will subsequently prepare a statement of the case or review decision, as appropriate.
References: For more information on
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Historical_M21-1III_vi_5_SecB_12-7-18.docx | May 18, 2019 | 50 KB |
2-19-19_Key-Changes_M21-1III_vi_5_SecB.docx | May 18, 2019 | 49 KB |
Historical_M21-1III_vi_5_SecB_5-12-15.doc | May 18, 2019 | 111 KB |
9-24-15_Key-Changes-M21-1III_vi_5_SecB.docx | May 18, 2019 | 56 KB |
12-7-18_Key-Changes_M21-1III_vi_5_SecB.docx | May 18, 2019 | 50 KB |
Change-May-12-2015-Transmittal-Sheet-M21-1III_vi_5_SecB_TS.docx | May 18, 2019 | 38 KB |
in Chapter 5 Fraud and Forfeiture, Part III General Claims Process, Subpart vi Special Authorization Issues
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