Claim Raven explanation
What this means
This section bars payment or provision of listed VA benefits during a period when the veteran or, in some circumstances, a dependent is a fugitive felon. It defines the term through flight to avoid felony prosecution or custody and violation of felony probation or parole.
The definition includes fleeing to avoid prosecution or post-conviction custody for a felony and violating a condition of felony probation or parole. The affected programs include compensation, DIC, pension, health, insurance, education, rehabilitation, and housing chapters listed in subsection (c). The statute's dependent rule can apply when either the veteran or dependent is a fugitive felon.
How this helps your claim
A warrant or criminal record should be compared with the statutory definition and the exact period alleged. The section also permits carefully conditioned address disclosure to law enforcement.
What to check in your records
Identify the legal basis, dates, jurisdiction, and affected benefit rather than relying on the label alone.
- Obtain warrant, court, probation, parole, and disposition records.
- Keep VA's notice showing the alleged fugitive period and benefit affected.
- Document surrender, dismissal, recall, compliance, or other status changes.
Verify the warrant and the covered dates
Request the underlying court or supervision records. Record whether the warrant remained active, the offense level, the conduct alleged, and the dates the status began and ended. A later database entry may not fully explain the earlier legal status.
Compare those records with VA's proposed benefit period. If the matter was resolved, provide the official disposition rather than only a personal statement. Keep any dependent's benefit and legal status separate from the veteran's.
Does any outstanding warrant automatically establish fugitive-felon status?
The statute defines fugitive felon by specified conduct and felony-related supervision status. The warrant, underlying offense, jurisdiction, and facts should be reviewed rather than assuming every outstanding warrant has the same effect.
Official statutory text
38 USC § 5313B
OLRC release: pl-119-108. Layout and spacing are adapted for reading. The statutory text is shown here; publisher source credits and editorial notes remain in the linked official release.
§ 5313B. Prohibition on providing certain benefits with respect to persons who are fugitive felons
(a) A veteran who is otherwise eligible for a benefit specified in subsection (c) may not be paid or otherwise provided such benefit for any period during which such veteran is a fugitive felon. A dependent of a veteran who is otherwise eligible for a benefit specified in subsection (c) may not be paid or otherwise provided such benefit for any period during which such veteran or such dependent is a fugitive felon.
(b) For purposes of this section:
(1) The term “fugitive felon” means a person who is a fugitive by reason of—
(A) fleeing to avoid prosecution, or custody or confinement after conviction, for an offense, or an attempt to commit an offense, which is a felony under the laws of the place from which the person flees; or
(B) violating a condition of probation or parole imposed for commission of a felony under Federal or State law.
(2) The term “felony” includes a high misdemeanor under the laws of a State which characterizes as high misdemeanors offenses that would be felony offenses under Federal law.
(3) The term “dependent” means a spouse, surviving spouse, child, or dependent parent of a veteran.
(c) A benefit specified in this subsection is a benefit under any of the following:
(1) Chapter 11 of this title.
(2) Chapter 13 of this title.
(3) Chapter 15 of this title.
(4) Chapter 17 of this title.
(5) Chapter 19 of this title.
(6) Chapter 30, 31, 32, 34, or 35 of this title.
(7) Chapter 37 of this title.
(d)(1) The Secretary shall furnish to any Federal, State, or local law enforcement official, upon the written request of such official, the most current address maintained by the Secretary of a person who is eligible for a benefit specified in subsection (c) if such official—
(A) provides to the Secretary such information as the Secretary may require to fully identify the person;
(B) identifies the person as being a fugitive felon; and
(C) certifies to the Secretary that apprehending such person is within the official duties of such official.
(2) The Secretary shall enter into memoranda of understanding with Federal law enforcement agencies, and may enter into agreements with State and local law enforcement agencies, for purposes of furnishing information to such agencies under paragraph (1).
Related references
- 38 USC § 5313: VA payment limits during felony incarceration
- 38 USC § 5701: Confidentiality and permitted disclosure of VA claim records
- 38 USC § 5104: What a VA Decision Letter Must Explain
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