Register April 2014 No. 700
Chapter VA 1
GENERAL
VA 1.01   Liberal statutory construction.
VA 1.02   Application.
VA 1.03   Procedure for appeals by applicants for benefits.
VA 1.04   Benefits to those who qualify.
VA 1.05   Cooperation with other agencies.
VA 1.06   Definition—“veteran".
VA 1.07   Strike relief not temporary aid.
VA 1.08   False statements.
VA 1.09   Reduced payments because of return to service.
VA 1.10   Release of information and records.
VA 1.11   Duties and responsibilities of the secretary.
VA 1.12   Applicant and income limitations.
VA 1.13   Discrimination prohibited.
VA 1.14   Lebanon withdrawal.
VA 1.15   Definitions.
VA 1.16   Veteran-owned business.
VA 1.17   Economic assistance loans.
VA 1.18   Trust fund stabilization loans.
VA 1.19   Cancellation of indebtedness.
Ch. VA 1 Note Note: 2005 Wis. Act 22 repealed and recreated Ch. 45, Stats. Cross-references to Ch. 45, Stats., were corrected under s. 13.92 (4) (b) 7., Stats.
VA 1.01 VA 1.01Liberal statutory construction. The department of veterans affairs shall administer the provisions of ch. 45, Stats., in an expeditious and liberal manner, resolving all reasonable doubt in favor of the veteran, to the end that available benefits are provided to veterans and their eligible dependents as promptly and effectively as possible.
VA 1.01 History History: Cr. Register, March, 1965, No. 111, eff. 4-1-65; am. Register, October, 1967, No. 142, eff. 11-1-67.
VA 1.02 VA 1.02Application. An application for benefits from the department must be made on approved departmental forms, signed by an eligible dependent, or by the veteran and/or such other person as the department may require in connection with the specific benefit application involved. The department may require that a loan application or a credit instrument executed in connection with a loan be signed by the veteran's spouse only in a case where such requirement may legally be imposed under s. DFI-WCA 1.85, and under the provisions of the Equal Credit Opportunity Act and regulations adopted thereunder. It is unlawful for anyone to charge an applicant or spouse a commission for assisting them in completing or securing the approval of an application for benefits from the department.
VA 1.02 History History: Cr. Register, March, 1965, No. 111, eff. 4-1-65; r. and recr., Register, November, 1971, No. 191, eff. 12-1-71; am. Register, August, 1972, No. 200, eff. 9-1-72; am. Register, July, 1976, No. 247, eff. 8-1-76; correction made under s. 13.93 (2m) (b) 7., Stats., Register, July, 1998, No. 511; correction made under s. 13.92 (4) (b) 7., Stats., Register June 2010 No. 654.
VA 1.03 VA 1.03Procedure for appeals by applicants for benefits.
VA 1.03(1)(1)Appealable actions. Any applicant for any benefit available through the department may appeal from a decision of the department concerning any such application. Any applicant for benefits whose benefits have been suspended pursuant to s. 45.03 (16), Stats., may appeal such suspension.
VA 1.03(2) (2)Applications pending appeal for denial of suspension of benefits. During the pendency of an appeal of a suspension of benefits from the department, no decision shall be issued by the department concerning any of the appellant's applications for benefits from the department which were pending in the department at the time of the decision to suspend benefits, or which are submitted by the applicant during the pendency of the appeal even if the decision is not related to the matter being appealed. If the final decision in the appeal affirms the suspension of benefits, any of the appellant's applications shall be denied by the department. If the final decision in the appeal reverses the suspension of benefits, the department shall then determine whether or not the applications should be approved.
VA 1.03(3) (3)Time and manner for filing appeal. An appeal shall be in writing and shall be filed with the state of Wisconsin, Department of Veterans Affairs, 30 W. Mifflin St., Madison, WI 53703. An appeal must be received by the department within 60 calendar days after the date of the department decision appealed. Any questions about time computations for procedural matters shall be resolved by reference to s. 801.15 (1), Stats.
VA 1.03(4) (4)Conduct of hearing. The hearing on the appeal shall be held before a hearing examiner designated by the secretary. The hearing examiner shall have the powers enumerated under s. 227.46, Stats. The department shall present evidence first unless the hearing examiner varies the order of proceeding in the interest of obtaining the most cogent presentation of the case. An appellant may appear in person, with or without counsel, or by counsel or other agent of the appellant's choice.
VA 1.03(5) (5)Evidence. In accordance with s. 227.45, Stats., the hearing examiner shall not be bound by common law or statutory rules of evidence. Parties may stipulate to some or all of the facts, and the hearing examiner may base the proposed decision upon the stipulation. All exhibits shall be marked and made available for inspection by the opposing party before being shown to a witness, unless the exhibit shall have been marked and a copy made available to the opposing party prior to hearing.
VA 1.03(6) (6)Record of appeal. A stenographic, electronic, or other record of the hearing shall be kept, and shall be transcribed at the request of any party. Such transcription shall be at the department's expense if the purpose for transcription is deemed reasonable to the department's or hearing examiner's satisfaction. Copies of the tape recordings, transcripts, or other record shall be furnished to any party upon request at the cost of production to the department, except that copies may be provided free of charge to parties who can demonstrate that they are indigent.
VA 1.03(7) (7)Proposed decision. The hearing examiner shall issue a proposed written decision to the secretary, including findings of fact, conclusions of law, order and opinion pursuant to s. 227.46 (2), Stats. The proposed decision shall be served on all parties at least 20 calendar days before it is submitted to the secretary for final decision unless the 20 calendar day period is waived by all parties. Each party adversely affected may file objections to the proposed decision, briefly stating the reasons and authorities for each objection, and may file a brief and present oral argument to the secretary at the time scheduled for a hearing.
VA 1.03(8) (8)Final decision. The secretary shall issue in writing the final decision, findings of fact, and conclusion of law. The board shall be furnished with a copy of the final decision, findings of fact and conclusions of law and a brief explanation of the case involved.
VA 1.03(9) (9)Petition for rehearing. A party aggrieved by a final decision may petition the secretary for rehearing pursuant to s. 227.49, Stats. Any other party shall have 20 days from the date the petition for rehearing is mailed to them at their last known address to file a reply to the petition.
VA 1.03 History History: Cr. Register, March, 1965, No. 111, eff. 4-1-65; r. and recr., Register, January, 1984, No. 337, eff. 2-1-84; am. (4) to (7) and (9), Register, February, 1989, No. 398, eff. 3-1-89; am. (7) to (9), Register, May, 1990, No. 413, eff. 6-1-90; correction in (3) made under s. 13.93 (2m) (b) 6., Stats., Register, June, 1992, No. 438.
VA 1.04 VA 1.04Benefits to those who qualify. The department shall give assistance to all resident ex-servicepersons and their dependents in all matters connected with the securing of any aid or benefit which may be due them under federal or state law by reason of service in the armed forces of the United States. Financial aid from the department shall not be extended to veterans or dependents when the need for the aid arises or results from the willful misconduct of the veteran or the beneficiary.
VA 1.04 History History: Cr. Register, March, 1965, No. 111, eff. 4-1-65; am. Register, October, 1967, No. 142, eff. 11-1-67; am. Register, August, 1993, No. 452, eff. 9-1-93.
VA 1.05 VA 1.05Cooperation with other agencies. In addition to coordinating the activities of all state agencies relating to the medical, educational, economic or vocational rehabilitation of veterans and their dependents, the department shall cooperate with all federal, state, county or other agencies whose functions include rehabilitation of veterans.
VA 1.05 History History: Cr. Register, March, 1965, No. 111, eff. 4-1-65; am. Register, October, 1967, No. 142, eff. 11-1-67.
VA 1.06 VA 1.06Definition—“veteran". For the purposes of this chapter and ch. VA 2, except as provided in s. VA 2.04, “veteran" shall mean either a veteran as defined in s. 45.01 (12), Stats., or a deceased veteran's unremarried widow or widower or minor or dependent child who is a resident of and living in this state at the time of making application for benefits.
VA 1.06 Note Note: Section VA 2.04 was repealed eff. 2-1-06.
VA 1.06 Note Note: See s. 45.01 (12), Stats.
VA 1.06 History History: Cr. Register, October, 1967, No. 142, eff. 11-1-67; am. Register, June, 1970, No. 174, eff. 7-1-70; am. Register, September, 1978, No. 273, eff. 10-1-78; am. Register, April, 1986, No. 364, eff. 5-1-86; am. Register, January, 1995, No. 469, eff. 2-1-95; correction made under s. 13.93 (2m) (b) 7., Stats., Register, May, 1999, No. 521; correction made under s. 13.93 (2m) (b) 7., Stats., Register April 2003 No. 568.
VA 1.07 VA 1.07Strike relief not temporary aid. Aid for direct strike relief does not fall within the definition of temporary aid.
VA 1.07 History History: Cr. Register, March, 1965, No. 111, eff. 4-1-65.
VA 1.08 VA 1.08False statements.
VA 1.08(1) (1)Suspension of benefits.
VA 1.08(1)(a)(a) Investigation and suspension. When it appears that a false statement has been made in connection with an application for benefits from the department, the department shall use such means of investigating such apparent false statement as it deems advisable. In any case where the department finds after investigation that any applicant for benefits from the department has willfully made or caused to be made, or conspired, combined, aided or assisted in, agreed to, arranged for, or in any wise procured the making of a false or fraudulent affidavit, declaration, certificate, statement or other writing, it may suspend all benefits available to such applicant from the department.
VA 1.08(1)(c) (c) Reinstatement of benefits. The department after investigation may reinstate benefits. If the department shall find that an application for reinstatement is made without sufficient cause to justify reinstatement it shall deny the same.
VA 1.08(2) (2)Criminal prosecution. In proper cases, where the department is satisfied that a false statement has been made in connection with an application for benefits, it may forward the relevant facts to the appropriate district attorney for necessary action pursuant to s. 45.03 (16) (b), Stats.
VA 1.08 History History: Cr. Register, March, 1965, No. 111, eff. 4-1-65; r. and recr., Register, August, 1972, No. 200, eff. 9-1-72; r. (1) (b), Register, January, 1984, No. 337, eff. 2-1-84; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1986, No. 364.
VA 1.09 VA 1.09Reduced payments because of return to service. When a veteran has returned to military service and desires either a reduction in monthly payments or a deferment of payments, the department can properly act upon an application for reduction or deferment when the following statements are submitted:
VA 1.09(1) (1) A statement from the veteran which discloses present income and demonstrates that the income has been materially decreased by virtue of military service, and
VA 1.09(2) (2) A statement by the county veterans service officer concerned that an investigation indicates that the application is justified and should be approved.
VA 1.09 History History: Cr. Register, March, 1965, No. 111, eff. 4-1-65; corrections made under s. 13.93 (2m) (b) 4. and 5., Stats., Register, February, 1989, No. 398.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.