VA Exception to Date of Receipt Rule for Canada Mail Disruptions

Content

ACTION:

Notice.

SUMMARY:

Beginning November 15, 2024, a strike led by the Canadian Union of Postal Workers (CUPW) resulted in a delay of mail delivery
from Canada Post. In response, the Veterans Benefits Administration (VBA) is establishing a temporary exception to the date
of receipt provisions to ensure that veterans or claimants residing within the Canada Post mailing jurisdiction do not have
an adverse effect to benefits. VBA recognizes the potential impact in the claim process resulting from the inability to send
or receive mail. The strike ran from November 15, 2024, through December 17, 2024. On January 6, 2025, Canada Post returned
to full-service levels, and the United States Postal Service (USPS) resumed acceptance of mail and packages to and from Canada.

FOR FURTHER INFORMATION CONTACT:

Jadine Piper, Acting Assistant Director, Policy, Compensation Service, Veterans Benefits Administration, (202) 461-9700.

SUPPLEMENTARY INFORMATION:

On November 15, 2024, CUPW initiated a national strike affecting Canada's postal system, causing stoppages and significant
delays in the processing and delivery of mail. On November 29, 2024, USPS announced an immediate suspension, temporarily halting
mail acceptance to and from Canada, affecting the processing or delivery of mail services to millions of Canadian customers.
On January 6, 2025, Canada Post reinstated full-service levels for domestic mail and accelerated processing for international
mail. In conjunction, on January 6, 2025, USPS resumed the acceptance of mail and packages to and from Canada.

Although Canada Post has resumed regular mail processing and delivery services, VBA understands the negative impact these
disruptions may have caused certain veterans or claimants residing within the Canadian postal jurisdiction during the time
of the strike. Potential impact includes preventing the timely filing of VBA claims submissions and claim-related evidence
or receiving claim-related or other pertinent VBA benefit information. Therefore, VBA is instituting a temporary exception
for determining acceptable dates of receipt for correspondence sent through postal or other mail processing services for veterans
or claimants residing within the jurisdiction of Canada.

Ordinarily, “date of receipt” means the date on which a Department of Veterans Affairs (VA) office receives a claim, information,
or evidence. Under 38 CFR 3.1(r), the Under Secretary for Benefits may establish exceptions to VA's rule on the date of receipt
of claims, information, or evidence by publishing a notice in the
Federal Register
. Section 3.1(r) states that an exception may be established when a natural or man-made interference with the normal channels
through which VBA ordinarily receives correspondence has resulted in one or more VBA regional offices experiencing extended
delays in the receipt of claims, information, or evidence to an extent that, if not addressed, would adversely affect veterans
and claimants through no fault of their own.

The CUPW national strike significantly disrupted mail services for millions of Canada Post customers. VBA acknowledges that
veterans or claimants residing within a Canadian postal jurisdiction may have experienced unusual hardships in submitting
correspondence containing a claim, evidence, or other information throughout the course of the strike. VBA further acknowledges
that letters sent in the days before the strike may also have been impacted. Therefore, VA has established exceptions to the
standard date of receipt rule for correspondence from veterans or claimants affected by the CUPW strike. VA recognizes a disruption
in mail services from November 11, 2024, the first business day of the week in which mail service disruptions commenced, through
March 10, 2025, 60 calendar days from the date following full reinstatement of Canadian mail services.

Exceptions to Date of Receipt Rule for Claimants Affected by the Canadian Postal Strike

Under 38 CFR 3.109(b), if there is good cause, VA may provide claimants or beneficiaries an extension of time when submitting
information applicable to the processing of a claim or a decision. This applies to veterans, claimants, or beneficiaries residing
in a Canadian postal jurisdiction during the strike. The disruption in mail services provides good cause to support the need
for extending time limits based on mail delays. VBA grants a time limit extension by establishing this exception.

VBA gives notice that, for purposes of determining entitlement to benefits, any correspondence received by VBA, during the
period of November 11, 2024, through March 10, 2025, from a veteran or claimant residing within a Canadian postal jurisdiction
that contains an impacted claim, information, or evidence, will be considered received on the postmark date or November 15,
2024, whichever is earlier.

In accordance with 38 CFR 3.110, computation of the extended timeframe for receipt of correspondence or other pertinent evidence
excludes the first day of the affected period. This means VBA will make exceptions to the date of receipt rule beginning November
15, 2024, extending through March 10, 2025, the next succeeding workday following the 60-day period after full resumption
of Canadian mail services.

If VBA solicited submission of information or evidence from a veteran or claimant residing within a Canadian postal jurisdiction
any time on or after November 11, 2024, and the date for submission of such information or

  evidence expired between November 15, 2024, and March 10, 2025, receipt of such information or evidence will be considered
  as timely if it is postmarked by March 10, 2025. In the event there is no mail postmark or date stamp by the USPS, VBA will
  consider any such solicited evidence or information as received no later than March 10, 2025, or the latest date on which
  a timely response to VBA's request for information could be received. For any decision notification letter sent during the
  impacted period of November 11, 2024, to March 10, 2025, VA will consider March 10, 2025, as the date of the decision notice
  for a subsequently submitted decision review option.

Signing Authority

Douglas A. Collins, Secretary of Veterans Affairs, approved this document on March 11, 2026, and authorized the undersigned
to sign and submit the document to the Office of the Federal Register for publication electronically as an official document
of the Department of Veterans Affairs.

Gabriela DeCuir, Alternate Federal Register Liaison Officer, Department of Veterans Affairs. [FR Doc. 2026-06004 Filed 3-26-26; 8:45 am] BILLING CODE 8320-01-P

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