As stated in VB 00205.200B., an individual cannot be qualified for SVB for any month that begins AFTER the month in which SSA is notified by the Attorney General that the veteran has been
removed from the United States pursuant to section 237(a) or 212(a)(6)(A) of the Immigration
and Nationality Act (INA) and BEFORE the month in which the individual is lawfully admitted to the United States for permanent
residence. The notice is issued by the Department of Homeland Security (DHS).
NOTE: For proceedings initiated before April 1997, removals (then referred to as deportations)
were taken under section 241(a) of the INA. Treat deportations under section 241(a)
of the INA the same as removals under 237(a) of the INA (i.e., as a disqualifying
event for SVB).
If the DHS notice is received by SSA before the qualification determination is made,
the removal or deportation results in denial of the SVB claim.
If the DHS notice is received after the date of the notice of qualification, the removal
or deportation results in the suspension of SVB payments. Payments are suspended effective
with the month after the month in which the notice was received by SSA.
NOTE: In the rare case in which the DHS notice is received between the date the qualification
determination is made and the month in which the individual is determined to be entitled
to SVB, the individual is placed in suspense status effective with the later of the
the month after the month in which SSA received the notice; or
the date of entitlement to SVB.
The determination of qualification cannot be reversed since it was correct when it
was made, but the individual cannot receive any payments because of his/her removal
from the United States.