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 a claim that VA associates with the corresponding claims folder before issuing a decision notice, including processing a request for withdrawal of a claim in its entirety processing a request for withdrawal of a claim when the request does not apply to all contentions, notifying a claimant that VA has processed his/her request, and exhibit – claim withdrawn letter. Change Date January 22, 2016 a. Processing a Request for Withdrawal of a Claim in Its Entirety Follow the instructions in the table below when a claimant requests withdrawal of a claim in its entirety (all 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. Step Action 1 Follow the instructions in M21-1, Part III, Subpart ii, 2.G.3.c for notifying the claimant that he/she has successfully withdrawn his/her claim. 2 Is VA controlling the claim with an EP indicative of an original claim, such as an EP 110, 010, 140, 180, or 190? If yes, proceed to the next step. If no, proceed to Step 6. 3 Does the claimant already have a running award? If yes,
VA has acted on the claimant’s request by cancelling his/her 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and the contentions to which the request does not apply, list the contentions to which the request applies in the Claim Withdrawn letter. There is no requirement (or need) to inform a claimant of his/her appeal rights in a Claim Withdrawn letter. d. Exhibit – Claim Withdrawn Letter See the example Claim Withdrawn letter shown below: We have discontinued action on your claim for the following condition(s)/issue(s): [insert condition/issue] We based our decision on your request dated [insert date of withdrawal]. If you did not intend to withdraw your claim for the condition(s)/issue(s) listed above, you have 30 days from the date of this letter to provide us with that information. If you notify us within 30 days, we will consider your claim filed as of the date that it was previously submitted. If you notify us after the 30 days has elapsed, you must resubmit your claim on the appropriate form, and your claim will be considered received as of the date of receipt of your complete claim. If you are submitting a claim for compensation benefits, you must complete, sign, and return a VA Form 21-526EZ, Application for Disability Compensation and Related Compensation Benefits. You may also submit your claim through eBenefits. For more information regarding eBenefits, please see below. To locate the appropriate form(s), please visit the following website: . What is eBenefits? eBenefits provides electronic resources in a self-service environment to Service members, Veterans, and their families. Use of these resources often helps us serve you faster! Through the eBenefits website you can: