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Updated Dec 18, 2024

In This Section

  
This section contains the following topics:
 
Topic
Topic Name
1
2
3
4
 

1.  Requests to Withdraw an Initial Claim

Introduction

  

This topic contains general information about receiving a claimant’s request to withdraw a pending initial claim, including

Change Date

   August 23, 2022

II.iii.2.F.1.a.  Who May Withdraw an Initial Claim and What Types of Claims May Be Withdrawn

  
A claimant or a claimant’s authorized representative may withdraw any type of initial claim that is before the Department of Veterans Affairs (VA), to include a claim for
  • disability compensation
  • Veterans Pension
  • additional benefits for dependents
  • survivors benefits, or
  • an apportionment of benefits.
Important:  The procedures reflected in this section apply to initial claims only.
 
References:  For more information on the withdrawal of

II.iii.2.F.1.b.  Acceptable Means for Requesting Withdrawal of a Claim

  
There is no prescribed form for withdrawing a claim.  VA accepts requests for withdrawal of a claim that a claimant or authorized representative submits
  • in writing (a signed statement)
  • orally (in person or by telephone), or
  • electronically.
The request must contain enough information to identify the claim at issue, including the name of the Veteran and claimant (if the claimant is not the Veteran) and the corresponding file number.
 
Important:  Follow the instructions in M21-1, Part III, Subpart i, 2.D.1.e when accepting a request for withdrawal of a claim by telephone.
 
References:  For more information on

II.iii.2.F.1.c.  Requests for Claim Withdrawal in Exam Cancellations

  
Although a report of examination cancellation from the Veterans Health Administration or a contract examination facility may reflect that an examination was cancelled due to a claimant’s desire to withdraw the claim, this is not an adequate claim withdrawal.  When a report of examination cancellation reflects a claimant’s desire to withdraw a claim, attempt to contact the claimant to clarify intent.
  • Attempt to contact the claimant by telephone to clarify
    • whether there is intent to withdraw the claim, and
    • which issue(s) from the pending claim are being withdrawn.
  • If the claimant cannot be contacted via telephone, send the claimant the Clarification of Intent to Withdraw letter to clarify
    • whether there is intent to withdraw the claim, and
    • which issue(s) from the pending claim are being withdrawn.
Continue processing the claim until the claimant confirms their intent to withdraw the claim either via telephone or in response to the Clarification of Intent to Withdraw letter.  If the claim is ready for decision but the claimant cannot be contacted via telephone, defer making a decision on the claim for 15 days following the date of the Clarification of Intent to Withdraw letter.  If the 15-day waiting period expires and no clarification of intent to withdraw is received, proceed with a decision on the claim.
 
References:  For more information on requirements for

II.iii.2.F.1.d.  Timeliness Requirement for Submitting a Request to Withdraw a Claim

  
A request to withdraw a claim is valid only if VA receives it before issuing a decision notice regarding the same claim.
 
If VA receives a request for withdrawal of a claim after issuing a decision notice, the claimant must either accept or renounce the benefits payable as a result of VA’s decision.
 
Note:  Upon receipt of a request for withdrawal of a claim after VA issues a decision notice, follow the instructions in Step 1 of the procedure described in M21-1, Part II, Subpart iii, 2.F.2.a.
 
Reference:  For more information on the renouncement of benefits, see M21-1, Part X, Subpart iv, 4.

II.iii.2.F.1.e.  Effect of the Withdrawal of a Claim

  
Effective the date VA receives a request to withdraw a claim,
  • the claim ceases to exist
  • the adjudicatory process with respect to the claim stops, and
  • VA must treat the claim as if the claimant never filed it.
Important:  If a claimant withdraws a claim, later refiles the same claim, and VA ultimately grants entitlement to the claimed benefit, disregard the date of receipt of the claim that was withdrawn when determining the effective date of entitlement.

II.iii.2.F.1.f.  Claimant’s Right to Retract a Request to Withdraw a Claim

  
A claimant or their authorized representative may retract a request to withdraw a pending claim.  However, a request for retraction is valid only if VA receives it within 30 days of the date VA notified the claimant that it had acted on the claimant’s request for withdrawal of the claim.
 
Important:
  • The policy described in the above paragraph applies equally to situations in which VA cancels a claim after erroneously inferring withdrawal of the claim from communication with a claimant.
  • The policies and principles expressed in M21-1, Part II, Subpart iii, 2.F.1.b, which discusses requests to withdraw a claim, apply equally to the requests for retraction discussed in this block.

Reference:  For more information on

II.iii.2.F.1.g.  Example:  Effect That Withdrawal of a Claim Has on a Claim That VA Ultimately Grants

  
 Scenario:
  • On February 5, 2024, VA receives a claim from a Veteran for service connection (SC) for a back disorder.
  • On March 14, 2024, before VA decides the Veteran’s claim, VA receives a statement from the Veteran indicating that he wishes to withdraw his claim.
  • On April 12, 2024, VA notifies the Veteran by letter that he has successfully withdrawn his claim.
  • On September 3, 2024, the Veteran submits another claim for SC for the same back disorder.
  • Claims development results in the collection of evidence warranting the establishment of SC for the claimed back disorder.
Result:  VA grants entitlement to SC for the claimed back disorder with an effective date of September 3, 2024.
 
Rationale:  Although VA ultimately granted the claim it first received from the Veteran on February 5, 2024, that claim ceased to exist when the Veteran withdrew it on March 14, 2024.  The Veteran did not retract his request for withdrawal of the claim within 30 days after VA issued the April 12, 2024, letter.  Accordingly, VA treated that claim as if the Veteran had never filed it.

2.  Considering the Factors That Affect the Way VA Processes a Request for Withdrawal of an Initial Claim

Change Date

    August 23, 2022

II.iii.2.F.2.a.  Considering the Factors That Affect the Way VA Processes a Request for Withdrawal

  
The actions VA takes when processing a request for withdrawal of a claim vary, depending on
  • whether VA received the request before issuing a decision notice regarding the claim, and
  • whether the claimant wishes to withdraw all of the contentions associated with the claim.
Upon receipt of a request for withdrawal of a claim, first determine which of the above factors apply to the request.  Then follow the instructions in the table below.
 
Step
Action
1
Did VA receive the request before issuing a decision notice regarding the claim?
  • If yes, go to the next step.
  • If no,
    • generate the Untimely Claim Withdrawal Notification Letter
    • send the letter to the claimant
    • clear an end product (EP) 400, and
    • take no further action.
2
Does the claimant wish to withdraw the claim in its entirety (all pending contentions associated with the claim)?
 

3.  Processing a Timely Received Request That VA Associates With the Claims Folder Before Issuing a Decision Notice

Introduction

  
This topic contains instructions for processing a timely received request for withdrawal of an initial claim that VA associates with the corresponding claims folder before issuing a decision notice, including

Change Date

   December 18, 2024

II.iii.2.F.3.a.  Processing a Request for Withdrawal of an Initial Claim in Its Entirety

  
Follow the instructions in the table below when
  • a claimant requests withdrawal of an initial claim in its entirety (all pending contentions associated with the claim), and
  • VA associates the request with the claims folder before it generates a decision notice regarding the claim.
Important:
  • When a claimant requests withdrawal of a claim that involves multiple contentions, the claimant should specify which (if not all) of the individual  contentions the request affects.  If the claimant fails to do so, proceed as if the request applies to all contentions associated with the claim.
  • If the claimant wishes to withdraw a decision review request, such as a supplemental claim, follow the guidance in M21-5, Chapter 4, Topic 4.
 
Step
Action
1
Has VA previously processed an award action to either grant or deny benefits for the Veteran?
  • If yes, go to the next step.
  • If no, go to Step 3.
2
Were the withdrawn issues previously deferred by rating decision?
  • If yes,
    • refer the claim to the rating activity for a record purpose rating to remove the previously deferred issues from the Codesheet
    • clear the EP associated with the withdrawn claim, selecting Claim Withdrawn as the reason, and
    • go to Step 5.
  • If no,
    • clear the EP associated with the withdrawn claim, selecting Claim Withdrawn as the reason, and
    • go to Step 5.
3
When VA has taken no prior award action, process the withdrawal by generating an award through the claims-processing system, according to the instructions in the table below.
 
Step
Action
1
Click on the ADD button on the BASIC ELIGIBILITY screen.
2
Select Claim Withdrawn from the drop-down box for the DECISION field.
3
Enter the date VA received the request for withdrawal in the EVENT DATE field.
4
Click on the ACCEPT button.
5
Click on the OK button.
 
Important:  If the actions described in the table above are taken while an award is running, they will have the effect of stopping that award.
4
Route the claim for authorization of the award action.
 
Reference:  For more information on award processing responsibilities, see M21-1, Part VI, Subpart i, 1.A.2.c.
5
Follow the instructions in M21-1, Part II, Subpart iii, 2.F.3.c for providing notice of the withdrawn claim.
 
Reference:  For more information on processing a request to withdraw a claim in the Veterans Benefits Management System (VBMS), see the VBMS Awards User Guide.

II.iii.2.F.3.b.  Processing a Request for Withdrawal of an Initial Claim When the Request Does Not Apply to All Pending Contentions

  
Follow the instructions in the table below when
  • a claimant requests withdrawal of an initial claim with multiple pending contentions
  • the claimant is not withdrawing the claim in its entirety and has differentiated between which contentions are still active and which contentions they wish to withdraw, and
  • VA associates the request with the claims folder before it generates a decision notice regarding the claim.
Important:  If the claimant wishes to withdraw a decision review request, such as a supplemental claim, follow the guidance in M21-5, Chapter 4, Topic 4.
 
Step
Action
1
  • Add the following text to the name of each contention listed in VBMS that the claimant withdrew: (withdrawn [Enter the month, day, and year VA received the request for withdrawal])
  • Go to Step 4.
Example:  back condition (withdrawn 05/22/2015)
 
Reference:  For more information on editing contentions in VBMS, see the VBMS Core User Guide.
2
Notify the claimant of the action taken by following the instructions in M21-1, Part II, Subpart iii, 2.F.3.c.
3
Complete all development actions that are necessary to make a decision on the contentions the claimant did not withdraw.
4
Make a decision on the contentions the claimant did not withdraw.
Important:  If a rating decision is required,
  • do not include the withdrawn contentions as issues in the rating decision
  • ensure the withdrawn contentions do not appear on the Codesheet of the rating decision as deferred issues, and
  • leave a note in the Special Notation box of the rating decision that
    • provides the date VA received the request for withdrawal, and
    • lists the contentions the claimant withdrew.
5
Follow the instructions in M21-1, Part VI, Subpart i, 1.B for notifying the claimant of the decision.
 

II.iii.2.F.3.c.  Notifying a Claimant That VA Has Processed a Withdrawn Claim Request

  
After following the instructions contained in M21-1, Part II, Subpart iii, 2.F.3.a or b,
  • generate the Withdrawal of Claim Letter, and
  • send the letter to the claimant as notification that
    • VA has acted on the claimant’s request by cancelling the claim, and
    • VA may reverse the action it took only if the claimant asks VA to do so within 30 days.
Important:
  • If the claim involved multiple contentions, and the claimant differentiated between the contentions to which the request applies and the contentions to which the request does not apply, list the contentions to which the request applies in the Withdrawal of Claim Letter.
  • There is no requirement (or need) to provide a claimant decision review rights in a Withdrawal of Claim Letter.

4.  Processing a Retraction of a Request to Withdraw an Initial Claim

Change Date

   May 6, 2016

II.iii.2.F.4.a.  Processing a Retraction of a Request to Withdraw an Initial Claim

  
Follow the instructions in the table below upon receipt of a retraction of a request to withdraw an initial claim.
 
Step
Action
1
Did VA receive the retraction within 30 days of the date VA notified the claimant that it had acted on the claimant’s request to withdraw the claim?
  • If yes, go to the next step.
  • If no,
    • notify the claimant that VA could not execute the retraction because the claimant submitted it after the 30-day time limit referenced in this step, and
    • take no further action.
2
Did VA withdraw the claim based on a misinterpretation of communication from the claimant?
  • If yes,
    • reestablish the claim in the claims processing system, using EP 930 with a date of claim corresponding with the date of receipt of the originally received claim, and
    • go to Step 4.
  • If no, go to the next step.
3
Re-establish the claim in the claims-processing system, using the appropriate EP.  The EP will be re-established using the date of receipt of the originally received claim.
 
Important:  Do not establish an EP that is indicative of an original claim, such as an EP 110, 010, 140, 180, or 190, even if the claim that the claimant withdrew was an original claim.
 
Reference:  For more information on selecting an appropriate EP, see M21-4, Appendix B.
4
Complete any outstanding development actions.
5
Make a decision on the claim.
6
Follow the instructions in M21-1, Part VI, Subpart i, 1.B for notifying the claimant of the decision.
 
Reference:  For more information on withdrawals and reinstatements of decision review requests, see  M21-5, Chapter 4, Topic 4.