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 the request issuing a decision notice receive before regarding the claim? If proceed to the next step. yes, If no, use the template found in M21-1III.ii.2.G.2.b to generate the letter, Untimely Claim Withdrawal Notification 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 contentions associated with the claim)? If follow the instructions in M21-1, Part III, Subpart ii, yes, 2.G.3.a. If follow the instructions in M21-1, Part III, Subpart ii, no, 2.G.3.b. b. Exhibit See the example letter shown below: Untimely Withdrawal Notification – Untimely Claim Withdrawal Notification We are writing in response to the withdrawal request we received on [insert date of withdrawal request]. We cannot accept your request as a claim withdrawal. In order to file a claim withdrawal, you must submit your claim withdrawal request any time after filing a claim and before we send the decision notification letter. In your case, we received your on [insert date of claim] and we notified you of our decision on [insert date of decision notice]. Therefore, you had from [insert date of claim] to [insert date of decision notice] to submit your claim withdrawal request. We did not receive your claim withdrawal request until after we sent the decision notice associated with this claim. What This To You
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, proceed to the next step. If no, use the template found in M21-1III.ii.2.G.2.b to 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 contentions associated with the claim)? If yes, follow the instructions in M21-1, Part III, Subpart ii, 2.G.3.a. If no, follow the instructions in M21-1, Part III, Subpart ii, 2.G.3.b. b. Exhibit – Untimely Claim Withdrawal Notification See the example Untimely Withdrawal Notification letter shown below: We are writing in response to the withdrawal request we received on [insert date of withdrawal request]. We cannot accept your request as a claim withdrawal. In order to file a claim withdrawal, you must submit your claim withdrawal request any time after filing a claim and before we send the decision notification letter. In your case, we received your on [insert date of claim] and we notified you of our decision on [insert date of decision notice]. Therefore, you had from [insert date of claim] to [insert date of decision notice] to submit your claim withdrawal request. We did not receive your claim withdrawal request until after we sent the decision notice associated with this claim. What This To You
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