section 1.
Chapter VA 1 (title) is amended to read: Chapter VA 1 (title) GENERAL PROVISIONS section 2.
VA 1.001 (3), (4), (4m), (6), and (7) are created to read: VA 1.001 (3) “Dependent” has the meaning given under s. 45.01 (6), Stats.
(4) “Duly authorized representative" means any person authorized in writing by the veteran to act for the veteran, the veteran’s guardian if the veteran is adjudicated incompetent, or a personal representative of the estate if the veteran is deceased. Where for proper reason, as determined by the department, no duly authorized representative has been or will be appointed, the applicant’s spouse, an adult child, or if the applicant is unmarried, “duly authorized representative” means either of the applicant’s parents.
(4m) “Member” means an individual who is eligible for membership in a veterans home as specified under s. 45.51, Stats. (6) “USDVA” means the U.S. department of veterans affairs.
(7) “Veteran” has the meaning given under s. 45.01 (12), Stats. section 3.
VA 1.01 is renumbered VA 1.01 (3) and amended to read: VA 1.01 (3) Liberal statutory construction Liberal application of statutes. The department of veterans affairs shall administer interpret and apply the provisions of ch. 45, Stats., in an expeditious a broad and liberal manner, resolving all reasonable doubt in favor of the veteran, to the end ensure that available benefits are provided to veterans the veteran and their the veteran’s eligible dependents as promptly and effectively as possible. section 4.
VA 1.01 (title), (1) and (2) are created to read: VA 1.01 (title) Department authority. (1) Chapters VA 1 to 18 are promulgated under the authority of s. 45.03 (2), Stats., for implementation of ch. 45, Stats. (2) Interpretation. The department reserves the right to interpret the requirements of ch. 45, Stats., and chs. VA 1 to 18.
section 5.
VA 1.02 is amended to read: VA 1.02 Application for benefits. An application for benefits from the department must shall be made on approved departmental forms a form approved by the department, signed by an eligible dependent, and/or by the veteran, and/or such or both, or any 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, or dependent a commission for assisting them in assistance with completing or securing the approval of an application for benefits from the department. section 6.
VA 1.02 (Note) is created to read: VA 1.02 (Note) Note: All forms required under this chapter may be obtained on the Department’s website at dva.wi.gov, or by request from the Department of Veterans Affairs, 2135 Rimrock Road, P.O. Box 7843, Madison, WI 53707-7843, or call 800-WIS-VETS (947-8387).
section 7.
VA 1.03 (1), (2), and (3) are amended to read: VA 1.03 (1) Appealable actions. Any An applicant for any benefit available through benefits from the department may appeal from a decision of the department concerning any such an application. Any applicant for benefits whose benefits have been suspended pursuant to s. 45.03 (16), Stats., may appeal such suspension. (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 that were pending in the department at the time of the decision to suspend benefits, or which that 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, the department may deny 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.
(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 department’s decision appealed. Any questions about time computations for procedural matters shall be resolved by reference to s. 801.15 (1), Stats. section 8.
VA 1.03 (3) (Note) is created to read: VA 1.03 (3) (Note) Note: The address to deliver an appeal is: Department of Veterans Affairs, 2135 Rimrock Road, P.O. Box 7843, Madison, WI 53707-7843.
section 9.
VA 1.03 (4) is renumbered VA 1.03 (4) (intro.) and amended to read: VA 1.03 (4) (intro.) Conduct of hearing. The hearing on the appeal shall be held before a hearing examiner designated by the secretary. department in accordance with all of the following:
(a) The hearing examiner shall have the powers enumerated under s. 227.46, Stats.
(b) 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.
(c) An The department may schedule an appellant may to appear at an in-person, or telephonic hearing.
(d) An appellant may appear with or without counsel, or by counsel or other agent of the appellant’s choice. If an appellant intends to be represented by counsel, the counsel shall file a notice of appearance with the department.
section 10.
VA 1.03 (5), and (7), (8), and (9) are amended to read: VA 1.03 (5) Evidence. In accordance with s. 227.45, Stats., the hearing examiner shall may 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. (7) Proposed decision. The hearing examiner shall issue a proposed written decision to the secretary department, 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 department for final decision unless all parties waive 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 department at the time scheduled for a hearing. (8) Final decision. The secretary department 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.
(9) Petition for rehearing. A party aggrieved by a final decision may petition the secretary department for a 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. The department shall grant or deny a petition for a rehearing in accordance with s. 227.49, Stats. section 11.
VA 1.04 is amended to read: VA 1.04 Benefits to those who qualify. The department shall give assistance to all assist resident ex-servicepersons veterans and their eligible dependents in all matters connected with the securing of any aid or benefit which that they may be due them entitled under federal or state law by reason of service in the U.S. armed forces of the United States. Financial aid assistance from the department shall may 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.
section 12.
VA 1.05 is amended to read: VA 1.05 Cooperation 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.
