Title 38 — Veterans’ Benefits
Part IV · Chapter 53 — Special Provisions Relating to Benefits
§ 5306. Renouncement of right to benefits
Statutory text
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.
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.
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.
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, § 3106Pub. 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”.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.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”.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
- 1958Pub. L. 85–857, , 72 Stat. 1231, § 3106
- 1986Pub. L. 99–576, title VII, § 701(73), , 100 Stat. 3297
- 1991renumbered § 5306, Pub. L. 102–40, title IV, § 402(b)(1), , 105 Stat. 238
- 1991Pub. L. 102–83, § 4(a)(1), , 105 Stat. 403
- 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.)