TN 1 (11-00)
VB 00201.090 Cancellation of Withdrawal
A. Policy – General
Requests for cancellation of withdrawal must be in writing and must:
Be filed while the claimant is alive;
Be signed by someone who would be a proper applicant (see VB 00201.015);
Give a reason for the cancellation and state that the claimant wants a determination on his/her SVB entitlement based on the originally filed application;
Be filed with SSA (see VB 00201.070A.1.b.); and
Be filed within 60 days after the date of the notice of withdrawal approval.
EXCEPTION: The cancellation request may be honored if received after the 60-day time limit if the withdrawal was a conditional withdrawal and the condition did not materialize.
An approved cancellation request reinstates all applications withdrawn by the original withdrawal.
B. Policy – SVB Qualification Notice on Original SVB Application Previously Sent
Individuals meeting SVB qualification requirements must establish residency outside the U.S. within 4 calendar months of the date of the qualification notice or SVB will be denied. Intervening withdrawals and cancellations of withdrawal will not restart the 4-months timeframe. Instances may occur when a cancellation of a withdrawal is approved so close to the end of the 4-month period during which foreign residency must be established that the individual may feel unduly hastened to depart the U.S. In these situations, the individual will have until the end of the calendar month after the month of notice of the approved cancellation if the original 4-month period provided in the qualification notice expires before this date. This means that the individual must begin residing outside the U.S. by the latter of:
A veteran filed an SVB application in the U.S. on April 21, 2000. All SVB qualifications are met and a Title VIII Notice of Qualification is sent on May 26, 2000. The qualification notice advises the individual that residence outside the U.S. must begin before October 1, 2000, or SVB will be denied. On July 5, 2000, the individual requests to withdraw the SVB claim. The withdrawal request is approved and the individual was notified on July 25, 2000. On August 22, 2000 the individual asks to cancel the earlier withdrawal and requests that the original SVB application filed on April 21, 2000 be reinstated. The cancellation was approved on September 15, 2000. Foreign residency needs to be established by the latter of the following two dates in order for the individual to be entitled to SVB:
September 30, 2000 (the ending date of the 4-month calendar period provided in the original Title VIII Notification of Qualification); or
October 31, 2000 (the end of the calendar month following the month of notice of the approved cancellation).