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Title 38 — Veterans’ Benefits

Part IV · Chapter 53 — Special Provisions Relating to Benefits

§ 5306. Renouncement of right to benefits

Statutory text

(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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 85–857 · 72 Stat. 1105

    Enacted · 38 U.S.C. § 5306

    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1231, § 3106

    Source evidence

    Code source credit
    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1231, § 3106

  2. Pub. L. 99–576 title VII § 701(73) · 100 Stat. 3248

    Substituted · 38 U.S.C. § 5306(a)

    Pub. L. 99–576 substituted “the” for “his” before “right” in first sentence

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 99–576 substituted “the” for “his” before “right” in first sentence.

    Enacted provision · exact public law section
    (73) Section 3106 is amended by striking out “his” and inserting in lieu thereof “the”.

  3. Department of Veterans Affairs Health-Care Personnel Act of 1991

    Pub. L. 102–40 title IV § 402(b)(1) · 105 Stat. 187

    Changed · 38 U.S.C. § 5306

    Pub. L. 102–40 renumbered section 3106 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–40 renumbered section 3106 of this title as this section.

    Enacted provision · exact public law section
    (1) Each section contained in any of chapters 51, 53, 55, 57, 59, 61, 71, 72, 76, 78 (as redesignated by subsection (a)), 81, 83, and 85 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

  4. Pub. L. 102–83 § 4(a)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 5306(a)

    Pub. L. 102–83 substituted “administered by the Secretary” for “administered by the Veterans’ Administration”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–83 substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.

    Enacted provision · exact public law section
    (1) Title 38 is amended by striking out “administered by the Veterans’ Administration” each place it appears and inserting in lieu thereof “administered by the Secretary”.

  5. Veterans’ Benefits Improvements Act of 1994

    Pub. L. 103–446 title V § 503 · 108 Stat. 4645

    Added · 38 U.S.C. § 5306(c)

    Pub. L. 103–446 added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 103–446 added subsec. (c).

    Enacted provision · exact public law section
    SEC. 503. RENOUNCEMENT OF BENEFIT RIGHTS. Section 5306 is amended by adding at the end the following new subsection: “(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.”.

4 of 5 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1986–1994 · 3 rounds

1994

Subsec. (c). Pub. L. 103–446 added subsec. (c).

1991

Pub. L. 102–40 renumbered section 3106 of this title as this section.

Subsec. (a). Pub. L. 102–83 substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.

1986

Subsec. (a). Pub. L. 99–576 substituted “the” for “his” before “right” in first sentence.

Credits

1958–1994 · 5 acts
  1. 1958Pub. L. 85–857, , 72 Stat. 1231, § 3106
  2. 1986Pub. L. 99–576, title VII, § 701(73), , 100 Stat. 3297
  3. 1991renumbered § 5306, Pub. L. 102–40, title IV, § 402(b)(1), , 105 Stat. 238
  4. 1991Pub. L. 102–83, § 4(a)(1), , 105 Stat. 403
  5. 1994Pub. L. 103–446, title V, § 503, , 108 Stat. 4663.
Show as published

(Pub. L. 85–857, , 72 Stat. 1231, § 3106; Pub. L. 99–576, title VII, § 701(73), , 100 Stat. 3297; renumbered § 5306, Pub. L. 102–40, title IV, § 402(b)(1), , 105 Stat. 238; Pub. L. 102–83, § 4(a)(1), , 105 Stat. 403; Pub. L. 103–446, title V, § 503, , 108 Stat. 4663.)

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