--- title: "Part VI, Subpart ii, Chapter 1, Section A General Information on Elections" document: "M-21-1" section: "Part VI, Subpart ii, Chapter 1, Section A" canonical: "https://veteranai.co/va-regulations/m21-1/vi.ii.1.a-general-information-on-elections" source: "https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000179475/M21-1-Part-VI-Subpart-ii-Chapter-1-Section-A-General-Information-on-Elections" updated: "2026-09-06T14:36:59.032035Z" --- March 24, 2015 ### VI.ii.1.A.1.a. Definition: Election An **_election_** is the exercise of a choice of one benefit or type of benefit over another to the total exclusion of the benefit not chosen. An election may be final and irrevocable _or_ the claimant may elect and reelect as often as desired depending on what the pertinent legislation authorizes. Elections are divided into the following two categories: * initial elections, and * reelections. **Note:** A claimant has the right to elect any benefit regardless of whether the greater or lesser benefit is chosen, even though the election results in reducing the benefit payable to dependents. ### VI.ii.1.A.1.b. Definition: Initial Election An **_initial election_** is the first election made by a claimant after being informed there is a choice between two or more benefits. **Note:** When a claim is timely filed and the election is timely received, pay the elected benefit retroactive to the date entitlement is shown (less any necessary withholding or offset), as provided by [38 CFR 3.400(j)(1)](). ### VI.ii.1.A.1.c. Definition: Conditional Election A **_conditional election_** is an inferred election when a claimant who is receiving Old Law or Section 306 Pension indicates an increased disability, which may warrant special monthly pension under current-law pension. If a payee confirms an election within one year of notification of entitlement to a potential increase under current-law pension, the following situations may be considered elections to establish effective dates of increase: * an Old Law or Section 306 Pension payee reports an increased disability, or * an Old Law or Section 306 Pension payee reports nursing home status. ### VI.ii.1.A.1.d. Definition: Reelection A **_reelection_** , if permissible, * is the subsequent change from one benefit to another, and * must be in writing and specify the benefit the claimant wishes to receive. **Notes:** * If a claimant elects to receive current-law pension instead of Section 306 Pension or Old-Law Pension, or elects to receive Dependency and Indemnity Compensation (D.I.C.) instead of death compensation, it is generally not permissible to go back and reelect the previous benefit unless certain exceptions apply. * Prior to March 24, 2015, an informal claim for benefits may be accepted as an election under [38 CFR 3.701(b)](). **References:** For more information on elections between compensation and pension, see * M21-1, Part VI, Subpart ii, 1.A.2.a, and * [38 CFR 3.701](). ## 2. Elections Between VA Benefits This topic contains information on * elections between * compensation and pension, and * other VA benefits * effect of elections on other children’s entitlement, and * effective date of an election between VA benefits. August 21, 2026 ### VI.ii.1.A.2.a. Elections Between Compensation and Pension When a claimant is entitled to both compensation and pension, * assume election of the greater benefit, unless the claimant provides information to the contrary, and * routinely award the greater benefit at any time _without_ requiring a formal election or reelection. **Exception:** If a claimant is entitled to both compensation and pension and pension would pay the $90 Medicaid nursing home rate, assume the claimant elects the $90 rate as the greater benefit, and inform the claimant in the corresponding decision notice of the right to elect compensation._**Important**_ : In certain circumstances VA may need to request a new [_VA Form 21P-527EZ, Application for Veterans Pension_](), from the claimant to determine if pension is now the greater benefit due to the income and net worth information being outdated. A new form with current income and asset information is required when: * the initial grant of entitlement to pension benefits is more than one year past the original filing * the claimant is currently receiving compensation, and * there is an indication that pension may now be the greater benefit (such as a reduction in compensation benefits). If [_VA Form 21P-527EZ_]() is received within one year of solicitation and pension can be granted, then grant pension from either the date entitlement arose or when pension became the greater benefit. **References:** For information about * notifying a Veteran of the election options after awarding pension at the $90 nursing facility/Medicaid rate, see [M21-1, Part IX, Subpart iii, 2.A.9.b]() * reducing pension to the $90 Medicaid nursing home rate, see [38 CFR 3.551]() * elections between compensation and pension, see [38 CFR 3.701](), and * how to determine date entitlement arose, see [M21-1, Part V, Subpart ii, 4.A.1.c](). ### VI.ii.1.A.2.b. Elections Between Other VA Benefits Do _not_ assume an election of a greater benefit when the choice of benefits is between * compensation or pension and any other type of benefit, or * current-law pension under _Public Law 95-588_ and pension under laws in effect before January 1, 1979. See the references in the table below for information about processing elections between benefits. | **If the election is between …**| **Then see …** Department of Veterans Affairs (VA) disability compensation and military retired pay| [M21-1, Part VI, Subpart ii, 4.A](). D.I.C. and death compensation| [M21-1, Part XII, Subpart ii, 1.1.c and d](). D.I.C. benefits under [38 U.S.C. 1151]() and money or property disbursed to settle a legal claim arising from the death of the Veteran| [M21-1, Part XII, Subpart i, 3.F](). disability compensation for paired organs and extremities and compensation under [38 U.S.C. 1160]()| [M21-1, Part VIII, Subpart iv, 7.B](). Spanish American War Death Pension, Old Law Pension, Section 306 Pension, and current-law pension| [M21-1, Part IX, Subpart iii, 2.C](). any VA benefit and Federal Employees’ Compensation (FEC)| [M21-1, Part VI, Subpart ii, 5](). **_ _** **Reference:** For more information on paying accrued amounts for elections pending at death, see [M21-1, Part XI, Subpart ii, 3.A](). ### VI.ii.1.A.2.c. Effect of Election on Other Children’s Entitlement With Survivors Pension, D.I.C., and Survivors’ and Dependents’ Educational Assistance (DEA), two or more children may be eligible to receive the same type of VA benefit based on the service of a Veteran, while at least one child may be eligible for a different type of benefit based on the service of the same Veteran. When a child elects to receive a benefit that is different from the type of benefit the remaining child(ren) is receiving, VA cannot * increase the rate of payment to the remaining child(ren), or * pay a rate to each remaining child that is greater than the rate payable if all children were receiving the same type of VA benefit. **Exception:** Per [38 CFR 3.704(a)]() and [38 CFR 21.3023(a)(1)](), when a child elects DEA benefits, the rates payable to the remaining beneficiaries receiving Survivors Pension or D.I.C. will be determined as though the child electing DEA benefits did not exist, provided that the child electing DEA benefits is * over the age of 18, or * became permanently incapable of self-support before reaching the age of 18. **References:** For more information on * adjusting the awards of other children because of a child’s election of benefits under a different Veteran-parent, see [M21-1, Part VII, Subpart i, 3.D.4.c](), and * the effect of a child's election of DEA on other beneficiaries, see [M21-1, Part XIII, Subpart i, 1.B.3.e](). ### VI.ii.1.A.2.d. Effective Date of an Election Between VA Benefits If a beneficiary to whom VA is already paying benefits elects a different VA benefit (and concurrent receipt of both benefits it prohibited), adjust the beneficiary’s award effective the date VA received the election, per [38 CFR 3.400(j)(1)](). **Important:** Apply the provisions of [38 CFR 3.31]() (paying the elected benefit from the first of the month following the date of receipt of the election) if the election will result in an _increase_ in the amount of benefits VA pays the beneficiary. **Exception:** If a beneficiary to whom VA is already paying benefits elects to receive pension at the $90 rate under [38 CFR 3.551(i)]() (as doing so might ultimately give the beneficiary more money for personal use), adjust the beneficiary’s award effective the date in the LAST PAID DATE field on the AWARDS INFORMATION dropdown in the Veterans Benefits Management System. ## 3. Forms of Election This topic contains information about the forms of election, including * acceptable forms of election * election by a fiduciary * acceptable forms of election on behalf of the claimant, and * election between military retired pay and VA benefits. June 17, 2019 ### VI.ii.1.A.3.a. Acceptable Forms of Election Accept as an election any statement on a formal claim or in correspondence that * indicates an intent to apply for a particular benefit, and * is signed by the claimant or their fiduciary. _**Important** : _ Identifying a general benefit on [_VA Form 21-0966, Intent to File a Claim_](), is not an acceptable form of election. ### VI.ii.1.A.3.b. Election by a Fiduciary In order for a fiduciary to elect one benefit to the exclusion of another, the fiduciary _must_ be * appointed by a court of law, or * designated by a fiduciary hub. If a fiduciary represents a Veteran who is incompetent * do _not_ solicit an election if it would _not_ be to their advantage, and * refer the case to the fiduciary hub of jurisdiction prior to acceptance of an election, for review and comment as to whether or not an election is advantageous. **Reference:** For more information on incompetent Veterans and waiver of military retired pay, see [M21-1, Part VI, Subpart ii, 4.A.5](). ### VI.ii.1.A.3.c. Acceptable Forms of Election on Behalf of the Claimant Upon receipt of an election that a member of Congress or a claimant’s VA-recognized power of attorney (POA) provides on a claimant’s behalf, treat it as an _informal_ election only after asking for and receiving from the claimant (or fiduciary) a signed statement that affirms the election. **Note:** When an election is filed on behalf of the claimant, any evidence needed to support the election or any claim accompanying an election must be received within one year from the date of VA’s request for that evidence. Otherwise, no further action may be taken on the election. **Reference:** For more information on the submission of elections by a POA or member of Congress, see [38 CFR 3.155(a)](). ### VI.ii.1.A.3.d. Election Between Retired Pay and VA Benefits A Veteran’s application for VA benefits on one of the following forms constitutes an election or waiver of military retired pay in the absence of a specific statement to the contrary, per [38 CFR 3.750(d)](): * _VA Form 21-526, Veteran’s Application for Compensation or Pension_ , dated November 1977 or later * [ _VA Form 21-526c, Pre-Discharge Compensation Claim_](), or * [_VA Form 21-526EZ, Application for Disability Compensation and Related Compensation Benefits_](). Applications that did not include a waiver provision must be supplemented with[ _VA Form 21-651, Election of Compensation in Lieu of Retired Pay or Waiver of Retired Pay to Secure Compensation from Veterans Administration_](). Generally, if a Veteran is receiving military retired pay, including a Veteran on Temporary Disability Retirement List (TDRL), and becomes entitled to disability compensation, VA should take no action to award compensation in the absence of an election or waiver of military retired pay by the Veteran. **Notes:** * VA discontinued the use of _VA Form 21-526_ on February 19, 2019, and [_VA Form 21-526c_]() on May 1, 2019. Waivers/elections Veterans made on the forms prior to the~~is~~ date VA rescinded them remain valid. * Certain Veterans are entitled to concurrent payment under the National Defense Authorization Act for Fiscal Year 2004. * For VA purposes, military retired pay and military retainer pay are both considered retirement pay and are treated the same. **References:** For more information on * using [_VA Form 21-651_](), see [M21-1, Part VI, Subpart ii, 4.A.2]() * TDRL, see [M21-1, Part VI, Subpart ii, 4.B.6]() * rescinded forms, see [M21-1, Part II, Subpart i, 2.B.4.e]() * concurrent receipt of disability compensation and retired pay, see [M21-1, Part VI, Subpart ii, 4.A.6 and 7]() , and * retainer pay, see [M21-1, Part VI, Subpart ii, 4.A.1.b]() . ## 4. Concurrent Payments by VA, Service Departments, and Other Agencies This topic contains information on * prohibition of concurrent payments between VA and other agencies * handling entitlement to more than one benefit * reviewing the claims folder to identify potential overpayments, and * references to information about benefits from service departments and other federal agencies. March 17, 2017 ### VI.ii.1.A.4.a. Prohibition of Concurrent Payments Between VA and Other Agencies VA, service departments, and other Federal agencies award monetary benefits to Veterans and their dependents because of disability, death, or length of service. Service department and Federal agency laws * contain specific limitations or prohibitions to prevent similar concurrent payment by VA, and * provide for elections, waivers, or administrative recoupments allowing the claimant to choose between the available benefits. ### VI.ii.1.A.4.b. Handling Entitlement to More Than One Benefit When a claimant is entitled to monetary benefits under more than one provision of a law or regulation, * observe the prohibition against duplication of benefits as contained in the [38 CFR 3.700]() series * allow the claimant to elect which benefit to receive, and * fully inform the claimant of entitlement to the respective benefits. **Exception:** If a Veteran is entitled to Veterans Pension and is also entitled to receive Survivors Pension based on another person’s service, pay only the greater benefit unless the Veteran elects the lesser benefit. **References:** For more information on * the payment of disability compensation or D.I.C. to a VA beneficiary who received benefits under the Radiation Exposure Compensation Act, see * [38 CFR 3.715](), and * [M21-1, Part VI, Subpart ii, 1.B.4.e]() * a claimant’s right to elect pension or compensation, see [38 CFR 3.701](), and * entitlement to current-law pension based on the Veteran’s own service and on the basis of any other person’s service, see [38 CFR 3.700(a)(4)](). ### VI.ii.1.A.4.c. Reviewing the Claims Folder to Identify Potential Overpayments Carefully review the claims folder, _DD Form 214 _, Certificate of Release or Discharge from Active Duty_ ,_ and the Veteran’s application prior to the adjudication of all claims to * determine if benefits from the service departments or other Federal agencies are payable, and * avoid an overpayment resulting from concurrent payments of disability compensation, or Section 306 or Old-Law Pension, and * military retirement pay * readjustment pay * separation pay * Reservists’ Involuntary Separation Benefit (RISP) * disability severance pay * non-disability severance pay * Special Separation Benefit (SSB) * retainer pay * Voluntary Separation Pay (VSP), or * compensation under the FEC. ### VI.ii.1.A.4.d. References to Information About Benefits From Service Departments and Other Federal Agencies The table below contains references to information about benefits from service departments and other Federal agencies and the prohibition against their concurrent payment with certain VA benefits. | **If the benefit payable is …**| **Then see …** * military retirement pay, or * retainer pay * [M21-1, Part VI, Subpart ii, 4.A](), and * [38 CFR 3.750](). * disability severance pay * separation pay under [10 U.S.C. 1174]() * SSB under [10 U.S.C. 1174a]() * readjustment pay under former 10 U.S.C. 3814(a) or 10 U.S.C. 687 (as in effect on September 14, 1981) * VSP, or * RISP | [M21-1, Part VI, Subpart ii, 2](). non-disability severance pay under former Chapters 359, 360, 859, and 860 of [10 U.S.C](). (as in effect on September 14, 1981)| * [M21-1, Part VI, Subpart ii, 2](), and * [VAOPGCPREC 12-1996](). FEC| * [M21-1, Part VI, Subpart ii, 5](), and * [38 CFR 3.708]().