Section 104.10  Definitions

 

The following are definitions of terms used in this Part:

 

Act − The Viet Nam Veterans Compensation Act [330 ILCS 30].

 

Active Service – Military service performed under 32 USC or 10 USC, excluding time lost for Absent Without Leave or Absent on Leave.

 

Brothers and Sisters – Two or more individuals having one or both parents in common, the common parent being the deceased veteran.

 

Child or Children – All biological children, legally adopted children, stepchildren who were members of the household of a deceased veteran, and children of a partner in a civil union established pursuant to the Illinois Religious Freedom Protection and Civil Union Act [750 ILCS 75] with the veteran at the time of death.

 

Eligible Applicant − A person who meets the requirements of Section 104.30 or 104.40 and applies for compensation from the State under this Part.

 

In Loco Parentis – The legal doctrine under which an individual assumes parental rights, duties and obligations without going through the formalities of legal adoption; in no case shall it be a corporation or trust.

 

Mentally Incompetent – A finding of mental incompetency by a court of competent jurisdiction of any state or the District of Columbia or by an adjudication officer of the U.S. Department of Veterans Affairs.

 

Service-Connected Deaths – A death incurred in the line of duty, as determined by the arm of service (see Section 3 of the Act).

 

Veteran − A veteran of the Viet Nam Campaign eligible for compensation under the Act and this Part.

 

Viet Nam Area – The area within North and South Viet Nam, Viet Nam waters, the air over North and South Viet Nam and the air over Viet Nam waters.

 

Viet Nam Service Medal – The award shown under "Decorations, Medals, Etc." on an individual's DD214 or other discharge documentation indicating service during the Viet Nam Campaign.

 

Section 104.20  Responsibilities of the Department

 

The Department of Veterans' Affairs has the responsibility:

 

a)         to adopt general rules for making payments under this Part;

 

b)         to ascertain the amount to which eligible persons are entitled;

 

c)         to ascertain and select the proper beneficiaries and the amount to which those beneficiaries are entitled; and

 

d)         to the best of its ability, to disburse the funds in accordance with the authority vested under the Act.

 

Section 104.30  Compensation Payments to Veterans or Servicepersons

 

a)         Veteran or Serviceperson Eligible to Apply for Compensation Under the Act

 

1)         Eligible Applicants

 

A)        The applicant must still be in active service, be honorably separated or discharged from the service, be furloughed to the reserves, or be retired.

 

B)        Every person meeting the residency requirements of subsection (a)(3) and who served on active duty with the Armed Forces of the United States between January 1, 1961 and March 28, 1973, inclusively, (see 32 CFR 578.26) and received the Viet Nam Service Medal is eligible for compensation under the Act.

 

C)        Those who served full-time duty as a commissioned officer in the U.S. Public Health Service assigned to units of the Armed Forces are eligible for compensation upon documentation of service.

 

2)         Ineligible Applicants

 

A)        Service in the merchant marine is not service in the Armed Forces for purpose of the Act.

 

B)        No payment may be made under the Act to any person who did civilian work at civilian pay.

 

C)        No payment may be made to any person who has received from another state a bonus or compensation of like nature.

 

3)         Residency

Eligible applicants must prove residency within the State of Illinois for at least 12 months immediately preceding entry into the service.

 

b)         Application Form

Application for payment of the Viet Nam compensation must be made on the form furnished by the Department of Veterans' Affairs.

 

c)         Evidence of Discharge or Continued Service

 

1)         Documentation of Separation

Each applicant shall submit a certified or notarized copy of the DD 214 or such other documents showing separation from service in the Armed Forces or, if still in service, the certification described in subsection (c)(2). All other supporting evidence must be certified or notarized copies.

 

2)         Certification of Continued Service

An eligible applicant who has continued in service and has not received a document of separation from active duty must submit a certification signed by the Adjutant or Personnel Officer of the unit in which the applicant is presently serving.  The certificate must state:

 

A)        The name of the applicant; and

 

B)        That the eligible applicant has served under honorable conditions for all periods of continuous, active duty from the date of entry into active duty to the present, as recorded in his or her service record.

 

3)         Condition of Discharge

The DD 214 or other proof of discharge must state "Honorable" or "Under Honorable Conditions".  If an applicant received an honorable discharge for service during the Viet Nam Campaign and is otherwise eligible, he or she is entitled to the compensation even though he or she re-enlisted immediately following the period of Viet Nam service and later received a "Dishonorable" or "Less than Honorable" discharge.

 

Section 104.40  Compensation Payments to Survivors

 

a)         Survivor Compensation

Payment of $1,000 will be made to the widow or widower, child or children, mother and/or father, person standing in loco parentis, or brothers and/or sisters, in the order named, of any deceased person with a service-connected death who would be entitled to compensation under Section 2 of the Act, if still living.

 

b)         Proof of Death of Eligible Veteran

 

1)         Proof of Death While in Service

A copy of the letter from the Armed Forces to the next of kin announcing the death must be submitted with an application for compensation under the Act.

 

2)         Death Resulting from Service-Related Disability

 

A)        If the death resulted from a Viet Nam Campaign service-connected disability, a copy of the death certificate must be furnished. The death of the veteran will be considered as having been due to a service-connected disability when the evidence establishes that the disability was either the principal or contributory cause of death.

 

B)        Evidence of contributory causes must be supported by:

 

i)          Statements from the U.S. Department of Veterans Affairs that the contributory causes have been established to the satisfaction of the VA and dependency compensation awarded;

 

ii)         Statements from physicians who have been aware of the nature and degree of the veteran's service-connected disabilities; or

 

iii)        Statements from other persons who possess knowledge of the disability and the contributory causes.

 

C)        Non-eligible Disabilities

Other service-connected disabilities will not entitle the person to compensation.

 

c)         Proof of Eligibility

The survivors applying for compensation shall prove that the veteran is deceased, furnishing a copy of the official notification of death. Additionally, each category of survivor shall submit the following additional documentation:

 

1)         A spouse making application must prove marriage of the parties and that they were legally married at the time of the death of the veteran.

 

2)         A child making application must prove:

 

A)        Legal marriage of the veteran and the other parent of the child.

 

B)        That the veteran's legal spouse is now deceased or was divorced from the veteran.  A copy of the death certificate or divorce decree shall be attached.

 

3)         A parent making application must prove:

 

A)        That the veteran was unmarried or, if married, that the spouse is deceased or was divorced from the veteran. A copy of the death certificate or divorce decree shall be attached.

 

B)        That, if the veteran was married, there were no children or, if there were children, all are deceased.  A copy of the death certificate shall be attached.

 

C)        If only one parent is applying, that the other parent is deceased.  A copy of the death certificate shall be attached.

 

D)        That the veteran was the son or daughter of the claimant.  A copy of the birth certificate shall be attached.

 

4)         A person standing in loco parentis must prove that he or she stood in that capacity to the veteran and must comply with the requirements of subsection (c)(3).

 

5)         A sibling must comply with the requirements of subsections (c)(1) and (2) and must prove:

 

A)        That both parents of the veteran are deceased and that no one stood in loco parentis to the veteran.  Copies of death certificates will suffice to prove death.  Affidavits of responsible persons having knowledge of the facts should be sufficient to show that no one stood in loco parentis toward the veteran.

 

B)        That a relationship of brother or sister existed between the applicant and the veteran.  Affidavits of responsible persons shall accompany the application.

 

d)         Succeeding Survivors

When a survivor fails to file a claim for compensation within 2 years after the official notice of the death of the veteran, the Department may consider applications from succeeding survivors. The order of succession is as stated in subsection (a).

 

Section 104.50  Assignment of Right to Compensation

 

a)         No right or claim to compensation under the Act shall be assigned and no payment shall be made to any person other than the approved applicant, except as provided in this Section.

 

b)         In the event compensation is payable to a person who is eligible but mentally incompetent, the compensation shall be paid to the guardian, committee, curator or conservator assigned under the laws of the state of residence of the approved applicant, or to a person otherwise legally vested with the care of the approved applicant.

 

c)         If there is no responsible committee, guardian, curator or conservator, payment shall be made to the chief officer of any hospital or institution under VA supervision or control or under control of any state in which the approved applicant receives payment, if the officer is authorized to accept money for the benefit of the approved applicant.

 

Section 104.60  Disallowed Claims

 

All claims disallowed by the Department shall not be reviewed except upon application to the Department's Appeal Board. Any claimant whose claim has been denied may request a review by the Board and may submit additional evidence within 12 months after the claim is disallowed.