38 C.F.R. § 3.652

Periodic certification of continued eligibility

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Except as otherwise provided:

(a) Individuals to whom benefits are being paid are required to certify, when requested, that any or all of the eligibility factors which established entitlement to the benefit being paid continue to exist. The beneficiary will be advised at the time of the request that the certification must be furnished within 60 days from the date of the request therefor and that failure to do so will result in the reduction or termination of benefits.

(1) If the certification is not received within 60 days from the date of the request, the eligibility factor(s) for which certification was requested will be considered to have ceased to exist as of the end of the month in which it was last shown by the evidence of record to have existed. For purposes of this paragraph, the effective date of reduction or termination of benefits will be in accordance with §§ 3.500 through 3.504 as in effect on the date the eligibility factor(s) is considered to have ceased to exist. The claimant will be advised of the proposed reduction or termination of benefits and the date the proposed action will be effective. An additional 60 days from the date of notice of the proposed action will be provided for the claimant to respond.

(2) If the certification is not received within the additional 60 day period, the proposed reduction or termination of benefits will be put into effect.

(b) When the required certification is received, benefits will be adjusted, if necessary, in accordance with the facts found.

(Authority: 38 U.S.C. 501) Cross References:

Employment Questionnaire, failure to return. See § 3.501(f). Income and Net Worth Questionnaires. See § 3.661.

[52 FR 43063, Nov. 9, 1987]

Notes of Decisions

Cited in 4 cases, 2014–2020 · leading case: 11-10 396 (Board of Vet. App. 2014).

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11-10 396 (Board of Vet. App. 2014). · cites it 14× “Discontinuance or reduction for failure to furnish evidence of continued eligibility will be effective as provided at 38 C.F.R. § 3.652 (a) and (b), except as provided at 38 C.”

190918-31480 (Board of Vet. App. 2020). · cites it 4× “See 38 C.F.R. § 3.652 (a). After recertification is not received, a reduction should be proposed, which provides another 60 days to submit the required information or certification and avoid the proposed reduction going into effect.”

James J. Perciavalle v. Robert L. Wilkie (Vet. App. 2019). · cites it 3× “" 38 C.F.R. § 3.652 (b) (2019). In this case, VA issued a rating decision certifying a veteran's continued eligibility to receive a total disability rating based on individual unemployability (TDIU) after he confirmed that he had not worked during the previous year.”

200514-84338 (Board of Vet. App. 2020). · cites it 3× “If the certification is not received within the additional 60-day period, the proposed reduction or termination of benefits will be put into effect.”

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