38 U.S.C. § 5306

Renouncement of right to benefits

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 38 CasesGoogle Scholar

(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.(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.)Editorial NotesAmendments

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.

Notes of Decisions

Cited in 3 cases, 1992–2006 · leading case: Shoen v. Brown, 6 Vet. App. 456 (Vet. App. 1994).

Sort: Relevance Newest Treatment

Shoen v. Brown, 6 Vet. App. 456 (Vet. App. 1994). · cites it 2× “38 U.S.C. § 5306 (b). The latter claim is not before this Court; nor from the record before us can it be determined whether this new claim has been, or is being, adjudicated.”

Thomas Carter & Colleen Carter v. United States, 982 F.2d 1141 (7th Cir. 1992). “38 U.S.C. § 5306 (Supp. IV). Indiana provides that payments in hand reduce the recovery dollar-for-dollar.”

United States v. Stevenson, 65 M.J. 639 (N.M.C.C.A. 2006). “See 38 U.S.C. § 5306 (b). . Because we find that the appellant's blood drawn by the VA was done lawfully, the appellant’s third assignment of error challenging the subsequent search warrant is moot.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.