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| Home >> VA Claims Resources >> VA Claims >> VA General Counsel Precedent Opinions |
VA General Counsel Precedent Opinions |
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PREC 8-96 Disposition of Unnegotiated Checks upon the death of the Guardian of A Beneficiary
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PREC 8-96 Disposition of Unnegotiated Checks upon the death of the Guardian of A Beneficiary Citation: Vet. Aff. Op. Gen Couns. Prec. 8-96, VAOPGCPREC 8-96, 1996 QUESTION PRESENTED: May the Department of Veterans Affairs (VA) pay the amounts represented by several benefit checks received by the guardian of certain VA beneficiaries but not negotiated prior to the guardian’s death, and, if so, to whom should payment be made?
HELD: Section 5122 of title 38, United States Code, does not apply to checks received by a guardian on behalf of a VA beneficiary but not negotiated prior to the guardian’s death. Where such checks have been canceled pursuant to the Competitive Equality Banking Act of 1987, individuals claiming entitlement to the proceeds of such checks must file a claim for those amounts with VA. Any such claim not filed within six years after the claim accrues is barred by 31 U.S.C. § 3702(b)(1). |
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