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38 U.S.C. § 5306 — Renouncement of right to benefits

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 5306 — Renouncement of right to benefits

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1315&num=0&edition=prelim) 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.

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Source location: Title 38, Chapter 53, § 5306; chapter-053-special-provisions-relating-to-benefits.md

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3106 — Initial and extended evaluations; determinations regarding serious employment handicap

**(a)** The Secretary shall provide any veteran who has a service-connected disability rated at 10 percent or more and who applies for benefits under this chapter with an initial evaluation consisting of such services described in [section 3104(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3104/a/1&num=0&edition=prelim) as are necessary (1) to determine whether such veteran is entitled to and eligible for benefits under this chapter, and (2) in the case of a veteran who is determined to be entitled to and eligible for such benefits, to determine— (A) whether such veteran has a serious employment handicap, and (B) whether the achievement of a vocational goal currently is reasonably feasible for such veteran if it is reasonably feasible to make such determination without extended evaluation. **(b)** In any case in which the Secretary has determined that a veteran has a serious employment handicap and that the achievement of a vocational goal currently is reasonably feasible for such veteran, such veteran shall be provided an individualized written plan of vocational rehabilitation developed under [section 3107(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3107/a&num=0&edition=prelim). **(c)** In any case in which the Secretary has determined that a veteran has a serious employment handicap but the Secretary is unable to determine, in an initial evaluation pursuant to subsection (a) of this section, whether or not the achievement of a vocational goal currently is reasonably feasible, such veteran shall be provided with an extended evaluation consisting of the services described in [section 3104(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-pre

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1315 — Dependency and indemnity compensation to parents

**(a)** (1) Except as provided in paragraph (2), dependency and indemnity compensation shall be paid monthly to parents of a deceased veteran in the amounts prescribed by this section. (2) Under regulations prescribed by the Secretary, benefits under this section may be paid less frequently than monthly if the amount of the annual benefit is less than 4 percent of the maximum annual rate payable under this section. **(b)** (1) Except as provided in paragraph (4) of this subsection, if there is only one parent, the monthly rate of dependency and indemnity compensation paid to such parent shall be $569, as increased from time to time under [section 5312(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5312/b/1&num=0&edition=prelim) and reduced by an amount, based upon the amount of such parent’s annual income, determined in accordance with regulations which the Secretary shall prescribe under [section 5312(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5312/b/2&num=0&edition=prelim). (2) In no case may the amount of dependency and indemnity compensation payable to any parent under this subsection be less than $5 monthly. (3) In no case may dependency and indemnity compensation be paid under paragraph (1) of this subsection to any parent if the annual income of such parent exceeds $13,456, as increased from time to time under [section 5312 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5312&num=0&edition=prelim). (4) If there is only one parent and such parent has remarried and is living with such parent’s spouse, dependency and indemnity compensation shall be paid to such parent under either paragraph (1) of this subsection o

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 5306 — Renouncement of right to benefits

Page 1062 TITLE 38—VETERANS’ BENEFITS § 5305 1986—Subsec. (a)(1). Pub. L. 99–576, § 701(71)(A), sub- stituted ‘‘such person’s’’ for ‘‘his’’. Subsec. (b)(1). Pub. L. 99–576, § 701(71)(B)(i), (ii), sub- stituted ‘‘surviving spouse’’ for ‘‘widow’’ and ‘‘such per- son’s’’ for ‘‘his’’. Subsec. (b)(3). Pub. L. 99–576, § 701(71)(B)(iii), sub- stituted ‘‘such person’’ for ‘‘he or she’’. Subsec. (c). Pub. L. 99–576, § 701(71)(C), substituted ‘‘any person’s’’ for ‘‘his’’, ‘‘to such person’’ for ‘‘to any person’’, and ‘‘such person’’ for ‘‘he’’. 1980—Subsec. (a). Pub. L. 96–385 designated existing provisions as par. (1) and added par. (2). 1978—Subsec. (b)(1). Pub. L. 95–588 inserted ‘‘of this subsection and in section 521(i) of this title’’ after ‘‘(2) and (3)’’. 1970—Subsec. (b)(1), (3). Pub. L. 91–376 inserted ref- erence to par. (3) in par. (1) and added par. (3). 1964—Subsec. (a). Pub. L. 88–664 inserted ‘‘or concur- rently to any person based on the service of any other person’’ after ‘‘own service’’. 1960—Subsec. (b)(2). Pub. L. 86–495 substituted provi- sions prohibiting the payment or furnishing of benefits other than insurance to or on account of any child by reason of the death of more than one parent in the same parental line, and permitting the child to elect one or more times to receive benefits by reason of the death of any one of such parents, for provisions which prohibited the payment of dependency and indemnity compensation to or on account of a child by reason of the death of another parent where the child receives or there is paid by the Veterans’ Administration on ac- count of a child dependency and indemnity compensa- tion, or death compensation, by reason of the death of a parent. Statutory Notes and Related Subsidiaries EFFECTIVE D

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