---
kind: "section"
citation: "38 U.S.C. § 5306"
title: "38"
title_heading: "Veterans’ Benefits"
number: "5306"
heading: "Renouncement of right to benefits"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/38/5306"
units:
  - "Part IV — General Administrative Provisions"
  - "Chapter 53 — Special Provisions Relating to Benefits"
---

# §5306. Renouncement of right to benefits

- (a) Any person entitled to [pension](/usc/38/101.md?p=15), [compensation](/usc/38/101.md?p=13), or [dependency and indemnity compensation](/usc/38/101.md?p=14) under any of the laws administered by the [Secretary](/usc/38/101.md?p=1) 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](/usc/38/101.md?p=15), [compensation](/usc/38/101.md?p=13), or [dependency and indemnity compensation](/usc/38/101.md?p=14) 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)](#b), if a new application for [pension](/usc/38/101.md?p=15) under [chapter 15](/usc/38/chptII/ch15.md) of this title or for [dependency and indemnity compensation](/usc/38/101.md?p=14) for [parents](/usc/38/101.md?p=5) under [section 1315 of this title](/usc/38/1315.md) 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.

## Source credit

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1231, § 3106; Pub. L. 99–576, title VII, § 701(73), Oct. 28, 1986, 100 Stat. 3297; renumbered § 5306, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 4(a)(1), Aug. 6, 1991, 105 Stat. 403; Pub. L. 103–446, title V, § 503, Nov. 2, 1994, 108 Stat. 4663.)

## Notes

### Editorial Notes

### 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.