What this means
m21-1:XIII.ii.5.B explains certificate of permanent and total (p&t) disability for discontinuation of survivor benefit plan (sbp) participation. In plain terms, the official guidance says upon receipt of a retiree’s request to withdraw from SBP under PL 96-402, the Defense Finance Accounting Service (DFAS) contacts VA for certification of total disability. It also addresses a total rating based on individual unemployability with no future examination meets the total disability requirement.
How this may help with a claim
Use m21-1:XIII.ii.5.B when organizing evidence or checking VA's handling of certificate of permanent and total (p&t) disability for discontinuation of survivor benefit plan (sbp) participation. Compare your application, supporting records, and notice with this source-specific point: Upon receipt of a retiree’s request to withdraw from SBP under PL 96-402, the Defense Finance Accounting Service (DFAS) contacts VA for certification of total disability. A total rating based on individual unemployability with no future examination meets the total disability requirement. Save proof of submission and identify the exact condition, exception, or missing development step before requesting correction or choosing a review option.
What to review in your file
- Check the file against this official condition: Public Law (PL) 96-402, enacted October 9, 1980, allows a uniformed service retiree to discontinue participation in the Survivor Benefit Plan (SBP) if they have a service-connected disability rated by the VA as totally disabling for
- Confirm that the record or notice addresses this source point: If the Veteran’s disability is reduced below the total disability requirement, DFAS is automatically notified.
- Document how this stated step or exception applies: Upon receipt of a retiree’s request to withdraw from SBP under PL 96-402, the Defense Finance Accounting Service (DFAS) contacts VA for certification of total disability.
Important limits
m21-1:XIII.ii.5.B explains VA guidance for certificate of permanent and total (p&t) disability for discontinuation of survivor benefit plan (sbp) participation; it does not guarantee an award or replace the statutes, regulations, binding decisions, and review instructions that control an individual claim. Conditions and exceptions still matter, including this source point: Upon receipt of a retiree’s request to withdraw from SBP under PL 96-402, the Defense Finance Accounting Service (DFAS) contacts VA for certification of total disability. If the Veteran’s disability is reduced below the total disability requirement, DFAS is automatically notified.
Search terms when useful
Phrases that may help when searching your claim file or this library.
- Certificate of Permanent and Total (P&T) Disability for Discontinuation of Survivor Benefit Plan (SBP) Participation
- m21-1:XIII.ii.5.B
- Certificate Permanent Total
- Disability Discontinuation Survivor
- Certificate Disability Purpose Discontinuing
- requirements discontinuing participation
- action taken notify Defense
- XIII.ii.5.B.1.a. Requirements Discontinuing Participation
Original VA guidance
The official VA text of this section
Overview
In This Section
This section contains the topic “ Certificate of P&T Disability for the Purpose of Discontinuing SBP Participation.”
1. Certificate of P&T Disability for the Purpose of Discontinuing SBP Participation
Introduction
This topic contains information on certification of P&T disability for the purpose of discontinuing SBP participation, including
- requirements for discontinuing participation in the SBP, and
- action taken to notify the Defense Finance Accounting Service (DFAS) upon a reduction in disability.
Change Date
February 3, 2011
XIII.ii.5.B.1.a. Requirements for Discontinuing Participation in the SBP
Public Law (PL) 96-402, enacted October 9, 1980, allows a uniformed service retiree to discontinue participation in the Survivor Benefit Plan (SBP) if they have a service-connected disability rated by the Department of Veterans Affairs (VA) as totally disabling for
- 10 or more years, or
- continuously for a period of not less than 5 years from the date of discharge.
Upon receipt of a retiree’s request to withdraw from SBP under PL 96-402, the Defense Finance Accounting Service (DFAS) contacts VA for certification of total disability.
Important: A total rating based on individual unemployability with no future examination meets the total disability requirement.
XIII.ii.5.B.1.b. Action Taken to Notify DFAS Upon a Reduction in Disability
If the Veteran’s disability is reduced below the total disability requirement, DFAS is automatically notified.