Introduction This topic contains information on the reelection of VA benefits or military retired pay, including reelecting Section 306 Pension or Old Law Pension requesting evidence to prove continuous entitlement to Section 306 Pension or Old Law Pension determining the proper effective date when a Veteran reelects VA benefits or military retired pay special consideration of Veterans hospitalized for a service-connected (SC) disability, and awarding benefits when VA Form 21-651, Election of Compensation in Lieu of Retired Pay or Waiver of Retired Pay to Secure Compensation From is timely Department of Veterans Affairs (38 U.S.C. 5304(a)-5305), received from a Veteran in a VA or service hospital. Change Date November 13, 2015 a. Reelecting A Veteran receiving Section 306 Pension or Old Law Pension may elect to Section 306 receive military retired pay. Pension or Old Law Pension Election of retired pay does not bar subsequent election of other benefits administered by VA. The effective date of reelection of VA benefits is governed by . Note: For more information about a Veteran’s right to elect retired pay Reference: and reelect VA benefits, see . b. Requesting Entitlement to Section 306 Pension or Old Law Pension is not protected under Evidence to if the disability or annual income did not continuously meet protected pension Prove eligibility criteria from the date pension was waived through the date of Continuous receipt of the reelection. Entitlement to Section 306 Before paying Section 306 Pension or Old Law Pension to a Veteran who Pension or Old waived his or her pension to receive military retired pay, request evidence to Law Pension determine if the Veteran would have been continuously entitled to Section 306 Pension or Old Law Pension for the entire period that the pension payments were waived. Absent evidence of continuous entitlement, the Veteran can no longer receive Section 306 Pension or Old Law Pension. If entitlement to current-law pension exists, VA may pay this benefit to the Veteran.
Introduction This topic contains information on the reelection of VA benefits or military retired pay, including reelecting Section 306 Pension or Old Law Pension requesting evidence to prove continuous entitlement to Section 306 Pension or Old Law Pension determining the proper effective date when a Veteran reelects VA benefits or military retired pay special consideration of Veterans hospitalized for a service-connected (SC) disability, and awarding benefits when VA Form 21-651, Election of Compensation in Lieu of Retired Pay or Waiver of Retired Pay to Secure Compensation From Department of Veterans Affairs (38 U.S.C. 5304(a)-5305), is timely received from a Veteran in a VA or service hospital. Change Date November 13, 2015 a. Reelecting Section 306 Pension or Old Law Pension A Veteran receiving Section 306 Pension or Old Law Pension may elect to receive military retired pay. Election of retired pay does not bar subsequent election of other benefits administered by VA. Note: The effective date of reelection of VA benefits is governed by . Reference: For more information about a Veteran’s right to elect retired pay and reelect VA benefits, see . b. Requesting Evidence to Prove Continuous Entitlement to Section 306 Pension or Old Law Pension Entitlement to Section 306 Pension or Old Law Pension is not protected under if the disability or annual income did not continuously meet protected pension eligibility criteria from the date pension was waived through the date of receipt of the reelection. Before paying Section 306 Pension or Old Law Pension to a Veteran who waived his or her pension to receive military retired pay, request evidence to determine if the Veteran would have been continuously entitled to Section 306 Pension or Old Law Pension for the entire period that the pension payments were waived. Absent evidence of continuous entitlement, the Veteran can no longer receive Section 306 Pension or Old Law Pension. If entitlement to current-law pension exists, VA may pay this benefit to the Veteran.
11-13-15_Key%20Changes_M21-1III_v_5_SecB.docx