2007 California Military and Veterans Code Chapter 1. Department Of Veterans Affairs

CA Codes (mvc:690-702)

690.  As used in this division, "department" means the Department of
Veterans Affairs.



694.  The department constitutes a public corporation and may on
behalf of the State hold property, request and receive donations,
contract, sue and be sued, and has all other rights and powers
provided by the Constitution and laws of the State as belonging to
public corporations.



695.  The department may cooperate and contract with the duly
authorized representative of the United States Government in carrying
out the provisions of this division.



699.  All State and county officials shall furnish all required
information to the department, upon request, and shall further assist
the department in any manner in accordance with law and without
charge therefor.


699.1.  (a) The processing of claims for veterans and their
dependents and survivors shall include the filing of the initial
claim, the representation of the claimant before boards and offices
of the United States Department of Veterans Affairs, and the filing
of appeals related to the claims.
   (b) The claims may include the following types of benefits and
services:
   (1) Disability compensation benefits.
   (2) Disability pension benefits.
   (3) Dependents' indemnity compensation.
   (4) Widow's death pension.
   (5) Burial benefits.
   (6) Confirmed and continued claims.
   (7) Vocational rehabilitation and education.
   (8) Waivers of indebtedness.
   (9) Other benefits that result in monetary awards to the claimant.



699.5.  (a) The department may assist every veteran of the United
States and the dependent or survivor of every veteran of the United
States in presenting and pursuing the claim as the veteran,
dependent, or survivor may have against the United States arising out
of war service and in establishing the veteran's, dependent's, or
survivor's right to any privilege, preference, care, or compensation
provided for by the laws of the United States or of this state.  The
department may cooperate and, with the approval of the Department of
Finance, contract with any veterans service organization, and
pursuant to the contract may compensate the organization for services
within the scope of this section rendered by it to any veteran or
dependent or survivor of a veteran.  The contract shall not be made
unless the department determines that, owing to the confidential
relationships involved and the necessity of operating through
agencies that the veterans, dependents, or survivors involved will
fail to be sympathetic towards their problems, the services cannot
satisfactorily be rendered otherwise than through the agency of the
veterans organization and that the best interests of the veterans,
dependents, or survivors involved will be served if the contract is
made.
   (b) (1) The Legislature finds and declares that services provided
by veteran service organizations play an important role in the
department's responsibilities to assist veterans and their dependents
and survivors in presenting and pursuing claims against the United
States, and that it is an efficient and reasonable use of state funds
to provide compensation to veterans service organizations for these
services.
   (2) The Legislature further finds and declares that paragraph (1)
of this subdivision shall not be implemented by using the General
Fund until an increase in the annual budget for county veteran
services officers, described in paragraph (2) of subdivision (d) of
Section 972.1, has been achieved.  This subdivision may not be
construed to preclude the use of federal funding in implementing
these provisions.
   (c) Veterans service organizations, that elect to contract with
the department in accordance with this section, shall document the
claims processed each year by the veterans service officers employed
by the veterans service organization at offices located in
California.  The documentation shall be in accordance with procedures
established by the department.
   (d) The department shall determine annually the amount of monetary
benefits paid to eligible veterans and their dependents and
survivors in the state as a result of the work of the veterans
service officers of the contracting organizations.  Beginning on
January 1, 2006, the department shall, on or before January 1 of each
year, prepare and transmit its determination for the preceding
fiscal year to the Department of Finance and the Legislature.  The
department shall also identify federal sources to support the efforts
of veterans service organizations pursuant to this section.  The
Department of Finance shall review the department's determination in
time to use the information in the annual Budget Act for the budget
of the department for the next fiscal year.
   (e) For the purposes of this section:
   (1) "Survivor" means any relation of a deceased veteran who may be
entitled to make a claim for any privilege, preference, care, or
compensation under the laws of the United States or this state based
upon the veteran's war service.
   (2) "Veterans service officer" means an individual employed by a
veterans service organization and accredited by the United States
Department of Veterans Affairs to process and adjudicate claims and
other benefits for veterans and their dependents and survivors.
   (3) "Veterans service organization" means an organization that
meets all of the following criteria:
   (A) Is formed by and for United States military veterans.
   (B) Is chartered by the United States Congress.
   (C) Has regularly maintained an established committee or agency in
a regional office of the United States Department of Veterans
Affairs in California rendering services to veterans and their
dependents and survivors.



700.  The department may make rules and regulations to carry out the
provisions of this division.



701.  In the event that the provisions of the Servicemen's
Readjustment Act of 1944 are amended in such manner as to make the
guarantees by the United States of loans to veterans for farms and
homes applicable to purchases of farms and homes from the Department
of Veterans Affairs pursuant to Chapter 3 and Article 3 of Chapter 6,
the State of California hereby accepts the benefits of such federal
act, and agrees to comply with all the requirements of said act.
   The Department of Veterans Affairs is hereby designated as the
official agency of the State to apply to the United States for such
guarantees and to do all acts required in connection therewith.  The
board is authorized to adopt such rules and regulations and standards
as may be required by the federal act and are not in conflict with
the provisions of this division.



702.  All salaries and expenses of the Division of Farm and Home
Purchases shall be paid out of the Farm and Home Building Fund of
1943 and no part thereof shall be paid from the General Fund.