Ch , p.
INJURED VETERANS GRANT PROGRAM
2006-2007 program guidelines
801—11.1(35A) Purpose. The purpose and legislative intent of this program are to provide immediate financial assistance to an injured veteran during recovery and rehabilitation from an injury or illness received in the line of duty in a combat zone or in a designated hostile fire zone after September 11, 2001.
801—11.2(35A) Grant amounts. Grants will be paid by the Iowa department of veterans affairs in increments of $2,500 up to a maximum of $10,000 in the following manner:
When veteran is medically evacuated from the combat zone.
30 days after evacuation date if still hospitalized, receiving medical treatment or rehabilitation services by the military or Veterans Administration.
60 days after evacuation date if still hospitalized, receiving medical treatment or rehabilitation services by the military or Veterans Administration.
90 days after evacuation date if still hospitalized, receiving medical treatment or rehabilitation services by the military or Veterans Administration.
801—11.3(35A) Eligible veterans.
11.3(1) For purposes of this program, the term “veteran” means:
a. A resident of this state who is or was a member of the national guard, reserve, or regular component of the armed forces of the United States who has served on active duty at any time after September 11, 2001, and, if discharged or released from service, was discharged or released under honorable conditions; or
b. A nonresident of this state who is or was a member of a national guard unit located in this state prior to alert for mobilization who has served on active duty at any time after September 11, 2001, was injured while serving in the national guard unit located in this state, is not eligible to receive a similar grant from another state for that injury, and, if discharged or released from service, was discharged or released under honorable conditions.
11.3(2) In addition to the requirements set out in subrule 11.3(1), an eligible veteran must meet all of the following conditions:
a. The veteran must have sustained an injury or illness in a combat zone or hostile fire zone; and
b. The injury or illness was serious enough to require medical evacuation from the combat zone to a military hospital or the injury or illness required at least 30 consecutive days of hospitalization at a military hospital; and
c. The injury or illness was or is considered by the military to have been received in the line of duty, based upon the circumstances known at the time of evacuation, injury or illness.
11.3(3) The veteran shall remain eligible for the grant after discharge from the military so long as the veteran continues to receive medical treatment or rehabilitation services for the specific injury or illness.
11.3(4) The commission may consider a request for a waiver of any of these requirements only pursuant to the provisions of Iowa Code section 17A.9A.
[ARC 9471B, IAB 4/20/11, effective 3/31/11]
801—11.4(35A) Notification and application procedures.
11.4(1) Retroactive application to September 11, 2001.
a. The department will accept a consolidated roster of eligible injured veterans from a “flag officer level command” or a central casualty notification agency of the responsible service component as long as the roster includes the following information for each veteran:
(1) Veteran’s name, rank, and social security number.
(2) Mailing address for check disbursement.
(3) Telephone numbers, including day, evening, and cell phone.
(4) Combat theater served.
(5) Date on which veteran was medically evacuated from combat theater.
(6) Date on which medical or rehabilitative treatment was terminated. If the veteran is still receiving treatment, “inpatient” or “outpatient” shall be noted on the form.
(7) Contact information for the agency submitting the consolidated roster, including point of contact (POC), telephone numbers, and E-mail address.
b. A veteran filing for the grant under retroactive eligibility must submit an injured veteran grant application form along with supporting documents. Supporting documents needed to verify eligibility shall include copies of the following:
(1) Military ID card;
(2) DD214 (if the veteran has been discharged) or military orders to document service in a combat zone;
(3) Medical records or military orders to document date of medical evacuation and periods of continued medical treatment or rehabilitation; and
(4) Any document to establish Iowa residency at the time of injury, such as Iowa income tax forms, or to establish that the veteran is or was a member of a national guard unit located in this state prior to mobilization and was injured while serving in that national guard unit and is not eligible to receive a similar grant from another state for that injury.
A veteran may receive assistance in the application process by contacting the department office at (515)242-5331 or (800)838-4692 or by fax (515)242-5659.
11.4(2) Process for present and future injured veterans.
a. The department will establish contact with the appropriate level of command or the casualty assistance office of each military service component to develop a combat casualty tracking system. (For example, the adjutant general of Iowa serves as the command authority for providing the department with accurate data to track all combat injured veterans assigned to the Iowa national guard.)
b. When the department receives an official casualty notification from a designated service office that a veteran has been medically evacuated from a combat zone, the department will assign a case manager to serve as a point of contact for the next of kin designated on the veteran’s DD93. The case manager will, within 48 hours, confirm Iowa residency of the veteran or, in the case of a nonresident, confirm that the veteran is or was a member of a national guard unit located in this state prior to mobilization and was injured while serving in that national guard unit and is not eligible to receive a similar grant from another state for that injury and provide the department with the required data to disburse the first grant payment. The check will be made payable to the veteran and mailed or presented to the next of kin. The case manager will then maintain weekly contact with the service component and the next of kin to track the treatment progress of the veteran and ensure that subsequent grant payments are disbursed in a timely manner.
c. Grant payments will be stopped if the veteran is returned to duty or when medical or rehabilitative treatment is discontinued.
11.4(3) Commission review.
a. A three-person subcommittee of commissioners will review applications for those veterans not evacuated but requiring 30 days of consecutive treatment.
b. An applicant may appeal a grant award decision to the commission.
11.4(4) Subsequent award.
a. A seriously injured veteran meeting all other requirements of this rule may receive additional grants for subsequent, unrelated injuries that meet the requirements of this rule. Any subsequent, unrelated injury shall be treated as if it were an initial injury for the purposes of determining eligibility or allotment.
b. Grants for veterans suffering subsequent, unrelated injuries after September 11, 2001, but prior to March 30, 2011, shall be payable, upon a showing that the veteran would have been eligible for payment had the subsequent, unrelated injury occurred on or after March 30, 2011.
[ARC 9471B, IAB 4/20/11, effective 3/31/11]
801—11.5(35A) Taxability. An injured veterans grant is exempt from Iowa income tax since the intent of the grant is to reimburse a veteran for family travel and lodging costs during the veteran’s medical treatment and rehabilitation.
These rules are intended to implement Iowa Code section 35A.14 as amended by 2011 Iowa Acts, Senate File 402.
[Filed emergency 6/7/06—published 7/5/06, effective 6/7/06]
[Filed emergency 7/12/07—published 8/1/07, effective 7/12/07]
[Filed Emergency ARC 9471B, IAB 4/20/11, effective 3/31/11]