HLS 22RS-570 ORIGINAL
2022 Regular Session
HOUSE BILL NO. 123
BY REPRESENTATIVE MIKE JOHNSON
VETERANS: Provides relative to the Louisiana National Guard death and disability
benefits
1 AN ACT
2To amend and reenact R.S. 29:26.1(B)(6)-(11), (C)(3)(b), (D)(1), and (E)(2) and to enact
3 R.S. 29:26.1(B)(12), relative to the Louisiana National Guard; to provide for
4 definitions; to provide for disability claims and death benefits; to provide for
5 availability of disability and death benefits; to provide for subsequent disabilities;
6 and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 29:26.1(B)(6)-(11), (C)(3)(b), (D)(1), and (E)(2) are hereby amended
9and reenacted and R.S. 29:26.1(B)(12) is hereby enacted to read as follows:
10 ยง26.1. National Guard death and disability benefits
11 * * *
12 B. Definitions. As used in this Section, the following terms shall have the
13 following meanings unless a different meaning is clearly required by context:
14 * * *
15 (6) "Guardsman or guardsmen" means a person who was an officer or
16 enlisted member of the Louisiana National Guard and who was discharged or
17 released from all periods of federal and state service under honorable or general
18 under honorable conditions.
Page 1 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-570 ORIGINAL
HB NO. 123
1 (7) "Initial rating decision" means the first disability rating decision by the
2 United States Department of Veterans Affairs on the guardsman's first-filed claim
3 for service-connection of injuries.
4 (8) "LANG" means the Louisiana National Guard.
5 (8)(9) "Period of activation" means service during any declared national
6 emergency or contingency operations as defined by 10 U.S.C. 101(a)(13), or during
7 any state emergency declared by the governor of the state of Louisiana, within any
8 of the following:
9 (a) That period, subsequent to September 11, 2001, for which the governor
10 of the state of Louisiana orders a guardsman into state active service pursuant to R.S.
11 29:7.
12 (b) That period, subsequent to September 11, 2001, for which the president
13 of the United States orders a guardsman into active military duty, pursuant to 32
14 U.S.C. 502(f)(1).
15 (c) That period, subsequent to September 11, 2001, for which the president
16 of the United States orders a guardsman to federal active duty pursuant to 10 U.S.C.
17 12301, 12302, or 12303.
18 (9)(10) "Qualifying claim" means an application for benefits by a guardsman
19 or beneficiary for a qualifying death or disability incurred during a period of
20 activation in the line of duty, and meeting the documentation requirements of this
21 Section.
22 (10)(11) "Qualifying disability" means a one hundred percent permanent
23 total disability rating, or a permanent and total unemployability disability rating as
24 determined by the United States Department of Veterans Affairs and certified by the
25 Louisiana secretary of veterans affairs in a final adjudication of the initial rating
26 decision or as determined or certified by the proper state entity that adjudicates such
27 claims for guardsmen in accordance with the workers' compensation law of this state.
28 A qualifying disability shall be certified by the Louisiana secretary of veterans
29 affairs or his designee. As provided for in this Paragraph, the initial rating decision
Page 2 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-570 ORIGINAL
HB NO. 123
1 shall not apply to a United States Department of Veterans Affairs rating decision
2 which predates service in the Louisiana National Guard.
3 (11)(12) "Qualifying subsequent examination disability" means after initial
4 examination or rating, the guardsman's initial injuries progressed or worsened the
5 initial rating decision, the combination of service-connected ratings of all injuries the
6 guardsman incurred during a period of activation, as well as any other injuries
7 service-connected on a secondary basis to those injuries incurred during a period of
8 activation, reaches a causing the guardsman to receive one hundred percent
9 permanent total disability rating, or a permanent and total unemployability disability
10 rating as determined by the United States Department of Veterans Affairs.
11 C.
12 * * *
13 (3) Each claim for a disability benefit shall include all of the following
14 documentation:
15 * * *
16 (b) A disability The guardsman's initial rating decision and any subsequent
17 rating decisions reached by the United States Department of Veterans Affairs and
18 certified by the Louisiana secretary of veterans affairs or his designee.
19 * * *
20 D. Benefits available. (1) During periods of activation, subsequent to
21 September 11, 2001, of a guardsman ordered by the governor or by the president of
22 the United States, benefits in a lump-sum amount of two hundred fifty thousand
23 dollars for a qualifying death, one hundred thousand dollars for a qualifying
24 disability, and fifty thousand dollars for qualifying subsequent examination disability
25 shall be paid by the state to a guardsman or his beneficiary, when such death or
26 disability occurs during a period of activation in the line of duty as required by this
27 Section. Such benefits shall be paid only when funds are available, having been
28 appropriated for the purpose.
29 * * *
Page 3 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-570 ORIGINAL
HB NO. 123
1 E.
2 * * *
3 (2) A qualifying disability or qualifying subsequent disability shall be
4 determined by the United States Department of Veterans Affairs or by the proper
5 state entity that adjudicates such claims for guardsmen in accordance with the
6 workers' compensation law of this state and certified by the secretary of the
7 Louisiana Department of Veterans Affairs or his designee.
8 * * *
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 123 Original 2022 Regular Session Mike Johnson
Abstract: Modifies the criteria for disability benefits available to Louisiana National
Guardsmen.
Present law provides for definitions.
Proposed law retains present law and modifies the definitions of "guardsman or guardsmen",
"period of activation", and "qualifying subsequent examination". Creates the definition for
"initial rating decision" and changes the term "qualifying subsequent examination" to
"qualifying disability".
Present law provides that all death benefits claims provided under present law shall be
submitted to the La. National Guard and that all claims for disability benefits shall be
submitted to the La. Dept. of Veterans Affairs.
Present law provides that a disability rating decision reached by the United States Dept. of
Veterans Affairs and certified by the Louisiana secretary of veterans affairs or his designee
shall be included in the documentation for a disability benefit claim.
Proposed law retains present law and provides that both a guardsman's initial rating decision
and any subsequent rating decision shall be included in the documentation for a disability
benefit claim.
Present law provides for during periods of activation, subsequent to Sept. 11, 2001, of a
guardsman ordered by the governor or by the president of the United States, benefits in a
lump-sum amount of $250,000 for a qualifying death, $100,000 for a qualifying disability,
and $50,000 for qualifying subsequent examination shall be paid by the state to a guardsman
or his beneficiary, when such death or disability occurs during a period of activation in the
line of duty as required by present law. Provides that such benefits shall be paid only when
funds are available, having been appropriated for the purpose.
Proposed law retains present law and provides that a guardsman or his beneficiary shall be
paid $50,000 in benefits for a subsequent disability instead of a subsequent examination.
Page 4 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-570 ORIGINAL
HB NO. 123
Present law provides that a qualifying disability shall be determined by the United States
Dept. of Veterans Affairs or by the proper state entity that adjudicates such claims for
guardsmen in accordance with state workers' compensation law and certified by the secretary
of the Louisiana Dept. of Veterans Affairs or his designee.
Proposed law retains present law and gives the United States Dept. of Veterans Affairs or
the proper adjudicatory state entity the additional option of determining what is a qualifying
subsequent disability.
(Amends R.S. 29:26.1(B)(6)-(11), (C)(3)(b), (D)(1), and (E)(2); Adds R.S. 29:26.1(B)(12))
Page 5 of 5
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.