ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

38 U.S.C. § 5306 — Renouncement of right to benefits

submitted 68 years ago by Pub. L. 85-857 to r/title-38-VETERANS-BENEFITS · 187 words · no verdicts yet

in plain englishAI-generated · not legal advice

A person entitled to specified veterans’ benefits may give up those benefits by filing a signed written renunciation. A later application is generally new, except that two specified applications filed within one year are treated as if the renunciation had not occurred.

(a) A person entitled to pension, compensation, or dependency and indemnity compensation under a law administered by the Secretary may renounce the right. The application must be written and signed. Filing it ends payment and the right to the benefits, and denies all rights to them from filing.

(b) Renunciation does not prevent a later application. The later application is treated as original, and nothing is paid for a period before it is filed.

(c) Despite (b), a new application for chapter 15 pension or parents’ dependency and indemnity compensation under section 1315 filed within one year after renunciation is not treated as original; benefits are payable as if renunciation had not occurred.

the actual law source: uscode.house.gov ↗public domain
(a)

Any person entitled to pension, compensation, or dependency and indemnity compensation under any of the laws administered by the Secretary may renounce the right thereto. The application renouncing the right shall be in writing over the person’s signature. Upon the filing of such an application, payment of such benefits and the right thereto shall be terminated, and such person shall be denied any and all rights thereto from such filing.

(b)

Renouncement of rights shall not preclude any person from filing a new application for pension, compensation, or dependency and indemnity compensation at a later date, but such new application shall be treated as an original application, and no payments shall be made for any period before the date such new application is filed.

(c)

Notwithstanding subsection (b), if a new application for pension under chapter 15 of this title or for dependency and indemnity compensation for parents under section 1315 of this title is filed within one year after renouncement of that benefit, such application shall not be treated as an original application and benefits will be payable as if the renouncement had not occurred.

Source credit: (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1231, § 3106; Pub. L. 99–576, title VII, § 701(73), Oct. 28, 1986, 100 Stat. 3297; renumbered § 5306, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 4(a)(1), Aug. 6, 1991, 105 Stat. 403; Pub. L. 103–446, title V, § 503, Nov. 2, 1994, 108 Stat. 4663.)

history & why it existsrecord from the source credit
  • 1958Enacted · Pub. L. 85-857 · 72 Stat. 1231
  • 1986Amended · Pub. L. 99-576 · 100 Stat. 3297
  • 1991Amended · Pub. L. 102-40 · 105 Stat. 238
  • 1991Amended · Pub. L. 102-83 · 105 Stat. 403
  • 1994Amended · Pub. L. 103-446 · 108 Stat. 4663

A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-857 on 1958-09-02.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case