§ 5306. — Renouncement of right to benefits.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC5306]
TITLE 38--VETERANS' BENEFITS
PART IV--GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 53--SPECIAL PROVISIONS RELATING TO BENEFITS
Sec. 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 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, Sec. 3106; Pub. L. 99-
576, title VII, Sec. 701(73), Oct. 28, 1986, 100 Stat. 3297; renumbered
Sec. 5306, Pub. L. 102-40, title IV, Sec. 402(b)(1), May 7, 1991, 105
Stat. 238; Pub. L. 102-83, Sec. 4(a)(1), Aug. 6, 1991, 105 Stat. 403;
Pub. L. 103-446, title V, Sec. 503, Nov. 2, 1994, 108 Stat. 4663.)
Amendments
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.
