Connecticut 2022 Regular Session

Connecticut Senate Bill SB00340 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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4	4	LCO No. 2338 1 of 6
5	5
6	6	General
7	7	Assembly
8	8	Raised Bill No. 340
9	9	February Session, 2022
10	10	LCO No. 2338
11	11
12	12
13	13	Referred to Committee on VETERANS' AFFAIRS
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15	15
16	16	Introduced by:
17	17	(VA)
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22	22	AN ACT CONCERNING APPLICATIONS SUBMITTED TO THE
23	23	DEPARTMENT OF VETERANS AFFAIRS QUALIFYING REVIEW
24	24	BOARD.
25	25	Be it enacted by the Senate and House of Representatives in General
26	26	Assembly convened:
27	27
28	28	Section 1. Section 27-103 of the 2022 supplement to the general 1
29	29	statutes is repealed and the following is substituted in lieu thereof 2
30	30	(Effective from passage): 3
31	31	(a) As used in the general statutes, except chapter 504, and except as 4
32	32	otherwise provided: (1) "Armed forces" means the United States Army, 5
33	33	Navy, Marine Corps, Coast Guard and Air Force and any reserve 6
34	34	component thereof, including the Connecticut National Guard 7
35	35	performing duty as provided in Title 32 of the United States Code, as 8
36	36	amended from time to time; (2) "veteran" means any person honorably 9
37	37	discharged from, released under honorable conditions from or released 10
38	38	with an other than honorable discharge based on a qualifying condition 11
39	39	from, active service in, the armed forces; (3) "service in time of war" 12
40	40	means service of ninety or more cumulative days during a period of war 13
41	41	unless separated from service earlier because of an injury incurred or 14
42	42	LCO No. 2338 2 of 6
43	43
44	44	aggravated in the line of duty or a service-connected disability rated by 15
45	45	the United States Department of Veterans Affairs, except that if the 16
46	46	period of war lasted less than ninety days, "service in time of war" 17
47	47	means service for the entire period of war unless separated because of 18
48	48	any such injury or disability; (4) "period of war" has the same meaning 19
49	49	as provided in 38 USC 101, as amended from time to time, except that 20
50	50	the "Vietnam Era" means the period beginning on February 28, 1961, and 21
51	51	ending on July 1, 1975, in all cases; and "period of war" shall include 22
52	52	service while engaged in combat or a combat support role in Lebanon, 23
53	53	July 1, 1958, to November 1, 1958, or September 29, 1982, to March 30, 24
54	54	1984; Grenada, October 25, 1983, to December 15, 1983; Operation 25
55	55	Earnest Will, involving the escort of Kuwaiti oil tankers flying the 26
56	56	United States flag in the Persian Gulf, July 24, 1987, to August 1, 1990; 27
57	57	and Panama, December 20, 1989, to January 31, 1990, and shall include 28
58	58	service during such periods with the armed forces of any government 29
59	59	associated with the United States; and (5) "qualifying condition" means 30
60	60	(A) a diagnosis of post-traumatic stress disorder or traumatic brain 31
61	61	injury made by an individual licensed to provide health care services at 32
62	62	a United States Department of Veterans Affairs facility, (B) an 33
63	63	experience of military sexual trauma, as [described in 38 USC 1720D] 34
64	64	defined in 38 USC 1166, as amended from time to time, disclosed to an 35
65	65	individual licensed to provide health care services at a United States 36
66	66	Department of Veterans Affairs facility, or (C) a determination, in 37
67	67	accordance with the provisions of subsections (c) and (d) of this section, 38
68	68	that sexual orientation, gender identity, [or] gender expression, post-39
69	69	traumatic stress disorder, traumatic brain injury or military sexual 40
70	70	trauma was more likely than not the primary reason for an other than 41
71	71	honorable discharge. [, as determined in accordance with subsections (c) 42
72	72	and (d) of this section.] 43
73	73	(b) As used in this part, "Veterans Residential Services facility" means 44
74	74	the Veterans Residential Services facility in Rocky Hill maintained by 45
75	75	the Department of Veterans Affairs that provides temporary and other 46
76	76	supported residential services for qualifying veterans; "long-term care 47
77	77	facility" means a facility that has been federally certified as a skilled 48
78	78	nursing facility or intermediate care facility; "Healthcare Center" means 49
79	79	LCO No. 2338 3 of 6
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81	81	the long-term care facility in Rocky Hill maintained by the Department 50
82	82	of Veterans Affairs; "veteran" means any veteran, as defined in 51
83	83	subsection (a) of this section, who is a resident of this state; "eligible 52
84	84	dependent" means any parent, wife or husband, or child of a veteran 53
85	85	who has no adequate means of support; and "eligible family member" 54
86	86	means any parent, brother or sister, wife or husband, or child or children 55
87	87	under eighteen years of age, of any veteran whose cooperation in the 56
88	88	program is integral to the treatment of the veteran. 57
89	89	(c) Not later than October 1, 2021, the Commissioner of Veterans 58
90	90	Affairs shall establish a Qualifying Review Board, which shall review 59
91	91	applications of veterans submitted under subsection (d) of this section. 60
92	92	Said board shall be part of the Executive Department and shall consist 61
93	93	of five voting members who, by education or experience, shall be 62
94	94	knowledgeable of veterans benefits and programs and who shall have a 63
95	95	demonstrated interest in the concerns of veterans. A majority of the 64
96	96	members of the board shall be veterans. 65
97	97	(1) The membership of the board shall consist of the following 66
98	98	members: 67
99	99	(A) One member appointed by the Commissioner of Veterans Affairs 68
100	100	in consultation with the chairperson of the Department of Veterans 69
101	101	Affairs Board of Trustees, who shall be a member of said board; 70
102	102	(B) The manager of the Department of Veterans Affairs Office of 71
103	103	Advocacy and Assistance, or the manager's designee; and 72
104	104	(C) Three members appointed by the Commissioner of Veterans 73
105	105	Affairs. 74
106	106	(2) All initial appointments to the board shall be made not later than 75
107	107	December 1, 2021, and shall terminate on November 31, 2023, or 76
108	108	November 31, 2024, as applicable, regardless of when the initial 77
109	109	appointment was made. Any member of the board may serve more than 78
110	110	one term. 79
111	111	(3) Members first appointed shall have the following terms: (A) The 80
112	112	LCO No. 2338 4 of 6
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114	114	member of the Department of Veterans Affairs Board of Trustees and 81
115	115	the manager of the Department of Veterans Affairs Office of Advocacy 82
116	116	and Assistance, or the manager's designee, shall initially serve a term of 83
117	117	three years, and (B) the three members appointed by the Commissioner 84
118	118	of Veterans Affairs shall initially serve a term of two years. Members 85
119	119	shall serve a term of four years thereafter. Members shall continue to 86
120	120	serve until their successors are appointed. 87
121	121	(4) Any vacancy shall be filled by the Commissioner of Veterans 88
122	122	Affairs. Any vacancy occurring other than by expiration of term shall be 89
123	123	filled for the balance of the unexpired term. 90
124	124	(5) Notwithstanding the provisions of subsection (a) of section 4-9a, 91
125	125	the Commissioner of Veterans Affairs shall select the chairperson of the 92
126	126	board from among the members of the board. Such chairperson shall 93
127	127	schedule the first meeting of the board, which shall be held not later 94
128	128	than January 1, 2022. 95
129	129	(6) A majority of the board shall constitute a quorum for the 96
130	130	transaction of any business. 97
131	131	(7) The members of the board shall serve without compensation. 98
132	132	(8) The board shall meet at least monthly or as often as deemed 99
133	133	necessary by the chairperson based on the number of applications 100
134	134	pending before the board. 101
135	135	(d) (1) Any veteran who receives an other than honorable discharge 102
136	136	and who believes such discharge characterization was based on such 103
137	137	veteran's sexual orientation, gender identity, [or] gender expression, 104
138	138	post-traumatic stress disorder, traumatic brain injury or military sexual 105
139	139	trauma may file an application for state-based veterans benefits. Such 106
140	140	veteran may include evidence supporting his or her claim that such 107
141	141	discharge characterization was based on such veteran's sexual 108
142	142	orientation, gender identity, [or] gender expression, post-traumatic 109
143	143	stress disorder, traumatic brain injury or military sexual trauma. 110
144	144	(2) The commissioner shall promulgate a standardized application 111
145	145	LCO No. 2338 5 of 6
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147	147	form enumerating the required documentation necessary for filing an 112
148	148	application under this subsection and shall make such form available on 113
149	149	the Department of Veterans Affairs' Internet web site along with 114
150	150	instructions for filing the application. 115
151	151	(3) The commissioner shall promulgate a standardized request for 116
152	152	reconsideration form enumerating the required documentation 117
153	153	necessary for filing a request for reconsideration pursuant to 118
154	154	subdivision (5) of this subsection and shall make such form available on 119
155	155	the Department of Veterans Affairs' Internet web site along with 120
156	156	instructions for filing the request for reconsideration. 121
157	157	(4) The board shall review each application submitted and render a 122
158	158	recommendation to the commissioner as to whether the veteran's sexual 123
159	159	orientation, gender identity, [or] gender expression, post-traumatic 124
160	160	stress disorder, traumatic brain injury or military sexual trauma was 125
161	161	more likely than not the primary reason for an other than honorable 126
162	162	discharge. The board shall review each application not later than thirty 127
163	163	days after receipt and render a written recommendation to the 128
164	164	commissioner not later than thirty days after such review. The 129
165	165	commissioner shall issue a written decision not later than ten days after 130
166	166	receipt of the board's recommendation, approving or denying the 131
167	167	application. If the commissioner approves the application, such veteran 132
168	168	shall be eligible for state-based veterans benefits. 133
169	169	(5) A veteran aggrieved by the commissioner's decision may file a 134
170	170	request for reconsideration with the commissioner not later than fifteen 135
171	171	days after receipt of the commissioner's decision. Such veteran may 136
172	172	include supplemental documentation in support of the request for 137
173	173	reconsideration. The commissioner shall provide due consideration to 138
174	174	the request for reconsideration and render a decision not later than ten 139
175	175	days after receipt of such request for reconsideration. The 140
176	176	commissioner's decision shall be a final decision by the Department of 141
177	177	Veterans Affairs and may be appealed to the Superior Court in 142
178	178	accordance with the provisions of section 4-183. 143
179	179	LCO No. 2338 6 of 6
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181	181	This act shall take effect as follows and shall amend the following
182	182	sections:
183	183
184	184	Section 1 from passage 27-103
185	185
186	186	Statement of Purpose:
187	187	To expand the types of applications that may be reviewed by the
188	188	Department of Veterans Affairs Qualifying Review Board.
189	189	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
190	190	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
191	191	underlined.]
192	192