U.S. Code » Title 38 » Part PART IV— GENERAL ADMINISTRATIVE PROVISIONS › Chapter CHAPTER 53— SPECIAL PROVISIONS RELATING TO BENEFITS

38 U.S.C. § 5313B

Prohibition on providing certain benefits with respect to persons who are fugitive felons

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 38 CasesGoogle Scholar
(a) A veteran who is otherwise eligible for a benefit specified in subsection (c) may not be paid or otherwise provided such benefit for any period during which such veteran is a fugitive felon. A dependent of a veteran who is otherwise eligible for a benefit specified in subsection (c) may not be paid or otherwise provided such benefit for any period during which such veteran or such dependent is a fugitive felon.(b) For purposes of this section:(1) The term “fugitive felon” means a person who is a fugitive by reason of—(A) fleeing to avoid prosecution, or custody or confinement after conviction, for an offense, or an attempt to commit an offense, which is a felony under the laws of the place from which the person flees; or(B) violating a condition of probation or parole imposed for commission of a felony under Federal or State law.(2) The term “felony” includes a high misdemeanor under the laws of a State which characterizes as high misdemeanors offenses that would be felony offenses under Federal law.(3) The term “dependent” means a spouse, surviving spouse, child, or dependent parent of a veteran.(c) A benefit specified in this subsection is a benefit under any of the following:(1) Chapter 11 of this title.(2) Chapter 13 of this title.(3) Chapter 15 of this title.(4) Chapter 17 of this title.(5) Chapter 19 of this title.(6) Chapter 30, 31, 32, 34, or 35 of this title.(7) Chapter 37 of this title.(d)(1) The Secretary shall furnish to any Federal, State, or local law enforcement official, upon the written request of such official, the most current address maintained by the Secretary of a person who is eligible for a benefit specified in subsection (c) if such official—(A) provides to the Secretary such information as the Secretary may require to fully identify the person;(B) identifies the person as being a fugitive felon; and(C) certifies to the Secretary that apprehending such person is within the official duties of such official.(2) The Secretary shall enter into memoranda of understanding with Federal law enforcement agencies, and may enter into agreements with State and local law enforcement agencies, for purposes of furnishing information to such agencies under paragraph (1).(Added Pub. L. 107–103, title V, § 505(a)(1), Dec. 27, 2001, 115 Stat. 995.)
Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 2011–2022 · leading case: Steve W. Mountford v. Eric K. Shinseki, 24 Vet. App. 443 (Vet. App. 2011).
Sort: Relevance Newest Treatment
Steve W. Mountford v. Eric K. Shinseki, 24 Vet. App. 443 (Vet. App. 2011). · cites it 38× “Mountford appeals through counsel from a February 26, 2009, Board of Veterans' Appeals (Board) decision that denied entitlement to restoration of benefits for his service-connected schizophrenia prior to May 25, 2004, because he was found to be a "fugitive felon" under 38 U.S.C.…”
Timmy Jones v. United States, 727 F.3d 844 (8th Cir. 2013). “See 38 U.S.C. § 5313B; 38 C.F.R. § 3.665 (n).”
Constance Copeland v. Eric K. Shinseki, 26 Vet. App. 86 (Vet. App. 2012). · cites it 2× “443, 449 (2011) (concluding that 38 U.S.C. § 5313B(b)(1)(B) does not constitute a bill of attainder); Dorward v.”
Foster v. Warden, 31 F.4th 351 (5th Cir. 2022). · cites it 2× “The Department of Veterans Affairs notified him that his benefits were terminated because he was a “fugitive felon as defined in 38 U.S.C. § 5313B.” When notifying Foster of the termination, the VA referred to the warrant issued after his violation of a condition of release.”
14-43 430 (Board of Vet. App. 2016). · cites it 3× “38 U.S.C.A. § 5313B provides that a veteran may not be paid VA compensation benefits for any period during which the veteran is a fugitive felon.”
10-36 070 (Board of Vet. App. 2016). · cites it 3× “38 U.S.C.A. § 5313B; 38 C.F.R. § 3.665 (n)(2)(ii).”
10-36 070 (Board of Vet. App. 2016). · cites it 3× “38 U.S.C.A. § 5313B; 38 C.F.R. § 3.665 (n)(2)(ii).”
07-13 054 (Board of Vet. App. 2016). “" 38 U.S.C.A. § 5313B(a) (West 2014); 38 C.”
Allen Gumpenberger v. Robert L. Wilkie (Vet. App. 2019). “As a result, under 38 U.S.C. § 5313B(a), the RO proposed to discontinue Mr.”
— 38 U.S.C. § 5313B(1)(b) — 1 case
Steve W. Mountford v. Eric K. Shinseki, 24 Vet. App. 443 (Vet. App. 2011). “Mountford appeals through counsel from a February 26, 2009, Board of Veterans' Appeals (Board) decision that denied entitlement to restoration of benefits for his service-connected schizophrenia prior to May 25, 2004, because he was found to be a "fugitive felon" under 38 U.S.C.…”
— 38 U.S.C. § 5313B(a) — 5 cases
Steve W. Mountford v. Eric K. Shinseki, 24 Vet. App. 443 (Vet. App. 2011). “Mountford appeals through counsel from a February 26, 2009, Board of Veterans' Appeals (Board) decision that denied entitlement to restoration of benefits for his service-connected schizophrenia prior to May 25, 2004, because he was found to be a "fugitive felon" under 38 U.S.C.…”
07-13 054 (Board of Vet. App. 2016). “" 38 U.S.C.A. § 5313B(a) (West 2014); 38 C.”
10-36 070 (Board of Vet. App. 2016). “38 U.S.C.A. § 5313B; 38 C.F.R. § 3.665 (n)(2)(ii).”
10-36 070 (Board of Vet. App. 2016). “38 U.S.C.A. § 5313B; 38 C.F.R. § 3.665 (n)(2)(ii).”
Allen Gumpenberger v. Robert L. Wilkie (Vet. App. 2019). “As a result, under 38 U.S.C. § 5313B(a), the RO proposed to discontinue Mr.”
— 38 U.S.C. § 5313B(b) — 1 case
Steve W. Mountford v. Eric K. Shinseki, 24 Vet. App. 443 (Vet. App. 2011). “Mountford appeals through counsel from a February 26, 2009, Board of Veterans' Appeals (Board) decision that denied entitlement to restoration of benefits for his service-connected schizophrenia prior to May 25, 2004, because he was found to be a "fugitive felon" under 38 U.S.C.…”
— 38 U.S.C. § 5313B(b)(1)(A) — 1 case
Steve W. Mountford v. Eric K. Shinseki, 24 Vet. App. 443 (Vet. App. 2011). “Mountford appeals through counsel from a February 26, 2009, Board of Veterans' Appeals (Board) decision that denied entitlement to restoration of benefits for his service-connected schizophrenia prior to May 25, 2004, because he was found to be a "fugitive felon" under 38 U.S.C.…”
— 38 U.S.C. § 5313B(b)(1)(B) — 5 cases
Steve W. Mountford v. Eric K. Shinseki, 24 Vet. App. 443 (Vet. App. 2011). “Mountford appeals through counsel from a February 26, 2009, Board of Veterans' Appeals (Board) decision that denied entitlement to restoration of benefits for his service-connected schizophrenia prior to May 25, 2004, because he was found to be a "fugitive felon" under 38 U.S.C.…”
Constance Copeland v. Eric K. Shinseki, 26 Vet. App. 86 (Vet. App. 2012). “443, 449 (2011) (concluding that 38 U.S.C. § 5313B(b)(1)(B) does not constitute a bill of attainder); Dorward v.”
Foster v. Warden, 31 F.4th 351 (5th Cir. 2022). “The Department of Veterans Affairs notified him that his benefits were terminated because he was a “fugitive felon as defined in 38 U.S.C. § 5313B.” When notifying Foster of the termination, the VA referred to the warrant issued after his violation of a condition of release.”
10-36 070 (Board of Vet. App. 2016). “38 U.S.C.A. § 5313B; 38 C.F.R. § 3.665 (n)(2)(ii).”
10-36 070 (Board of Vet. App. 2016). “38 U.S.C.A. § 5313B; 38 C.F.R. § 3.665 (n)(2)(ii).”
— 38 U.S.C. § 5313B(b)(l)(B) — 1 case
Constance Copeland v. Eric K. Shinseki, 26 Vet. App. 86 (Vet. App. 2012). “443, 449 (2011) (concluding that 38 U.S.C. § 5313B(b)(1)(B) does not constitute a bill of attainder); Dorward v.”
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.