Fugitive Felon Status and VA Benefits

VA Claim Appeals

Fugitive Felon Status and VA Benefits

March 19, 2024

How do I upload proof that I'm not a fugitive felon?


Thank you for submitting a question in the Stateside Legal Q&A Mailbag with TVC!  

A “fugitive felon” is someone is:

  1. Fleeing to avoid prosecution, custody, or confinement after conviction for a felony or an attempt to commit a felony (under the law of the place from which the person flees); or
  2. Violating a condition of probation or parole imposed for commission of a felony under federal or state law. The term “felony” includes a high misdemeanor if the offense would be considered a felony under federal law. 38 U.S.C.S. § 5313B(b). VA no longer presumes that any valid outstanding felony arrest warrant establishes a claimant’s fugitive felon status.

Providing VA proof on non-fugitive felony status can depend on the VA benefits you are trying to get or save. For example, if a veteran has Veteran Readiness and Education benefits (VR&E), and VR&E later believes that veteran has a felony warrant with an offense code that shows flight or a probation or parole violation, VR&E will notify the veteran of the warrant and their intent to terminate benefits. VR&E will provide the veteran with 60 days to respond with evidence indicating that the warrant was entered in error, pertains to a different person, or was vacated by the issuing court. That notice should also include how to submit that evidence. After that 60 days has passed, VR&E will determine whether the veteran is or was a fugitive felon based on all the evidence and facts found.

For disability and compensation benefits claims, the same type of evidence can be submitted to VA either by U.S. Mail at:

Department of Veterans Affairs, Evidence Intake Center
P.O. Box 4444
Janesville, WI 53547-444

Or by fax at:

Fax #: 844-531-7818

Note: for Pension and Survivor Benefit claims, the VA mailing and fax information will depend on your State residence.  You might also be able to seek the assistance of a Veterans Service Organization who may be able to upload the information to VBMS.

Good luck and we wish you the best!