Wis. Admin. Code VA — Department of Veterans Affairs

Chapter VA 1 GENERAL PROVISIONS

Wis. Admin. Code § VA 1.001 Definitions {#sec-va-1.001 omnilex-key=us-wi-regs-official--agency-va--VA 1.001}

For the purposes of chs. VA 1 to 18, the following terms shall have the designated meanings, unless a different meaning is expressly indicated:

(1) “Board” means the board of veterans affairs.

(2) “Department” means the department of veterans affairs.

(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.

(5) “Secretary” means the secretary of the department of veterans affairs.

(6) “USDVA” means the U.S. department of veterans affairs.

(7) “Veteran” has the meaning given under s. 45.01 (12), Stats.

History

Cr. Register, April, 1986, No. 364, eff. 5-1-86; cr. (3), Register, February, 1989, No. 398, eff. 3-1-89; correction made under s. 13.93 (2m) (b) 1., Stats., Register, June, 2001, No. 546; correction in (intro.) made under s. 13.92 (4) (b) 7., Stats., Register April 2014 No. 700; CR 20-011: renum. (intro.), (1), (2), (5) from VA 1.15 and am. (intro.), cr. (3) to (4m), (6), (7) Register September 2021 No. 789, eff. 10-1-21.

Wis. Admin. Code § VA 1.01 Department authority {#sec-va-1.01 omnilex-key=us-wi-regs-official--agency-va--VA 1.01}

(1) Authority. 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.

(3) Liberal application of statutes. The department shall interpret and apply the provisions of ch. 45, Stats., in a broad and liberal manner, resolving all reasonable doubt in favor of the veteran, to ensure that available benefits are provided to the veteran and the veteran’s eligible dependents as promptly and effectively as possible.

History

Cr. Register, March, 1965, No. 111, eff. 4-1-65; am. Register, October, 1967, No. 142, eff. 11-1-67; CR 20-011: r. and recr. (title), renum. VA 1.01 to (3) and am., cr. (1), (2) Register September 2021 No. 789, eff. 10-1-21; (1) (title) created under s. 13.92 (4) (b) 2., Stats., Register September 2021 No. 789.

Wis. Admin. Code § VA 1.02 Application for benefits {#sec-va-1.02 omnilex-key=us-wi-regs-official--agency-va--VA 1.02}

An application for benefits from the department shall be made on a form approved by the department, signed by an eligible dependent, the veteran, or both, or any other person the department may require in connection with the specific benefit application involved. It is unlawful for anyone to charge an applicant, spouse, or dependent a commission for assistance with completing or securing the approval of an application for benefits from the department.

Note: All forms required under this chapter may be obtained on the Department’s website at https://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 (800-947-8387).

History

Cr. Register, March, 1965, No. 111, eff. 4-1-65; r. and recr., Register, November, 1971, No. 191, eff. 12-1-71; am. Register, August, 1972, No. 200, eff. 9-1-72; am. Register, July, 1976, No. 247, eff. 8-1-76; correction made under s. 13.93 (2m) (b) 7., Stats., Register, July, 1998, No. 511; correction made under s. 13.92 (4) (b) 7., Stats., Register June 2010 No. 654; CR 20-011: am. Register September 2021 No. 789, eff. 10-1-21.

Wis. Admin. Code § VA 1.03 Procedure for appeals by applicants for benefits {#sec-va-1.03 omnilex-key=us-wi-regs-official--agency-va--VA 1.03}

(1) Appealable actions. An applicant for benefits from the department may appeal a decision of the department concerning 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 that were pending in the department at the time of the decision to suspend benefits, or 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. If the final decision in the appeal reverses the suspension of benefits, the department shall then determine whether the applications should be approved.

(3) Time and manner for filing appeal. An appeal shall be in writing and shall be filed with the department within 60 calendar days after the date of the department’s decision. Any questions about time computations for procedural matters shall be resolved by reference to s. 801.15 (1), Stats.

Note: Appeals or requests for reconsideration should be submitted electronically to WDVA.Reviews@dva.wi.gov or mailed to Department of Veterans Affairs, Office of Legal Counsel, 2135 Rimrock Road, P.O. Box 7843, Madison, WI 53707-7843.

(4) Conduct of hearing. The hearing on the appeal shall be held before a hearing examiner designated by the 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.

(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.

(5) Evidence. In accordance with s. 227.45, Stats., the hearing examiner 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.

(6) Record of appeal. A stenographic, electronic, or other record of the hearing shall be kept, and shall be transcribed at the request of any party. Such transcription shall be at the department’s expense if the purpose for transcription is deemed reasonable to the department’s or hearing examiner’s satisfaction. Copies of the tape recordings, transcripts, or other record shall be furnished to any party upon request at the cost of production to the department, except that copies may be provided free of charge to parties who can demonstrate that they are indigent.

(7) Proposed decision. The hearing examiner shall issue a proposed written decision to the 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 department for final decision unless all parties waive the 20 calendar day period. 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 department at the time scheduled for a hearing.

(8) Final decision. The department shall issue in writing the final decision, findings of fact, and conclusion of law.

(9) Petition for rehearing. A party aggrieved by a final decision may petition the 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.

History

Cr. Register, March, 1965, No. 111, eff. 4-1-65; r. and recr., Register, January, 1984, No. 337, eff. 2-1-84; am. (4) to (7) and (9), Register, February, 1989, No. 398, eff. 3-1-89; am. (7) to (9), Register, May, 1990, No. 413, eff. 6-1-90; correction in (3) made under s. 13.93 (2m) (b) 6., Stats., Register, June, 1992, No. 438; CR 20-011: am. (1) to (3), renum. (4) to (4) (intro.), (a) to (d) and am., am. (5), (7) to (9) Register September 2021 No. 789, eff. 10-1-21.

Wis. Admin. Code § VA 1.04 Benefits to those who qualify {#sec-va-1.04 omnilex-key=us-wi-regs-official--agency-va--VA 1.04}

The department shall assist resident veterans and their eligible dependents in all matters connected with the securing of any aid or benefit that they may be entitled to under federal or state law by reason of service in the U.S. armed forces. Financial assistance from the department 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.

History

Cr. Register, March, 1965, No. 111, eff. 4-1-65; am. Register, October, 1967, No. 142, eff. 11-1-67; am. Register, August, 1993, No. 452, eff. 9-1-93; CR 20-011: am. Register September 2021 No. 789, eff. 10-1-21; correction made under s. 35.17, Stats., Register September 2021 No. 789.

Wis. Admin. Code § VA 1.05 Cooperation with other agencies {#sec-va-1.05 omnilex-key=us-wi-regs-official--agency-va--VA 1.05}

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.

History

Cr. Register, March, 1965, No. 111, eff. 4-1-65; am. Register, October, 1967, No. 142, eff. 11-1-67; CR 20-011: am. Register September 2021 No. 789, eff. 10-1-21.

Wis. Admin. Code § VA 1.08 False statements {#sec-va-1.08 omnilex-key=us-wi-regs-official--agency-va--VA 1.08}

(1) Suspension of benefits.

(a) Investigation and suspension. If the department finds after an investigation that any applicant for benefits from the department has willfully made or caused to be made, or conspired, combined, aided or assisted in, agreed to, arranged for, or in any way procured the making of a false or fraudulent affidavit, declaration, certificate, statement, or other writing, the department may suspend or deny all benefits available to such applicant from the department.

(c) Reinstatement of benefits. A veteran may petition for reinstatement of suspended benefits. The department after investigation may reinstate benefits. If the department finds that a petition for reinstatement is made without sufficient cause to justify reinstatement, the department shall deny the petition.

(2) Criminal prosecution. In cases where the department finds after an investigation that a false statement has been made in connection with an application for benefits, the department may forward the relevant facts to the appropriate district attorney for necessary action pursuant to s. 45.03 (16) (b), Stats.

History

Cr. Register, March, 1965, No. 111, eff. 4-1-65; r. and recr., Register, August, 1972, No. 200, eff. 9-1-72; r. (1) (b), Register, January, 1984, No. 337, eff. 2-1-84; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1986, No. 364; CR 20-011: am. Register September 2021 No. 789, eff. 10-1-21.

Wis. Admin. Code § VA 1.10 Release of information and records {#sec-va-1.10 omnilex-key=us-wi-regs-official--agency-va--VA 1.10}

(1m) Records privacy. All records and papers of the department or of a county veterans service office are to be utilized in a manner to best serve the public interest, but the veteran’s right of privacy as to information pertaining to military service and to confidential information contained in applications for benefits shall be protected. The release of a veteran’s record containing confidential information, protected health information, or personally identifiable information shall conform with the Health Insurance Portability and Accountability Act (HIPAA) and other applicable federal and state confidentiality and privacy laws and regulations.

(2m) Veterans administration records and separation documents. Notwithstanding anything to the contrary contained in subs. (6) to (12), separation documents and copies thereof evidencing service in the U.S. armed forces and records and papers in the possession of the department or county veterans service office that are released to the department or county veterans service office, by or from the USDVA, or that contain information provided by the USDVA are confidential. Release of information from such documents, records, or papers may be made only as provided in s. 45.04 (2) and (3), Stats. The department may, however, confirm the veteran status of a person where such confirmation will assist the person in obtaining benefits.

(3) Records are confidential. Records pertaining to any application for benefits, whether pending or adjudicated, shall be deemed confidential and no disclosure shall be made except in the circumstances and under the conditions set forth in subs. (6) to (15).

(6) Disclosure of medical information.

(a) To veterans. Information contained in medical records pertaining to applications for benefits from the department that are on file with the department or county veterans service office may be released to the veteran upon receipt of a written request.

(b) To physicians and hospitals. Information contained in medical records of a veteran or a member pertaining to medical history, diagnosis, findings, or treatment contained in an application for benefits from the department may be disclosed directly to a physician or hospital upon written request and the submission of a written authorization from the veteran or the member, or in the event the veteran is incompetent, from the veteran’s duly authorized representative. This information will be released only with the consent of the patient and on the condition that it is to be treated as a privileged communication in accordance with sub. (1m). The information may be released without the consent of the veteran or the veteran’s representative when a written request for the information is received from the USDVA, the United States public health service, the superintendent of a state hospital, a commissioner or head of a state department of mental hygiene, or head of a state, county, or city health department.

(8) Disclosure to governmental agencies and schools.

(ag) Information contained in department or county veterans service office files pertaining to an application for benefits from the department that is required for official use by any agency of the United States government, by any agency of the state of Wisconsin, by any law enforcement or social service agency of any Wisconsin county or municipality, or by any school participating in the department’s grants programs, may be furnished in response to official requests in accordance with the provision of pars. (ar) to (c). Requests shall include the purpose for which the information is to be used.

(ar) Information relevant to a determination of the amount of benefits, if any, that the veteran or the veteran’s eligible dependents may be entitled, information that is requested on behalf of or information that is requested for the purpose of assisting the veteran or the veteran’s eligible dependent in obtaining rights and benefits to which the veteran or the veteran’s eligible dependent may be entitled, may be released only upon receipt of a written request.

(b) Information that identifies a veteran or the veteran’s dependents, and that is requested for purposes other than those set forth in par. (ar), may be released only upon receipt of a written request. Within 5 working days after response to a written request, the department or county veterans service office will make a reasonable effort to contact the individual concerning whom the request has been made and notify the individual of the request for information and provide the individual with a statement of the action taken on such request.

(c) The department may furnish data or statistical information to other agencies but will not provide confidential information, protected health information, or personally identifiable information about a veteran or the veteran’s dependents.

(9) Disclosure to state legislators. Individual members of the senate and assembly may be provided information contained in department or county veterans service office files that pertains to an application for benefits from the department as may be requested in writing, on behalf of a veteran or the veteran’s dependents or for the purpose of assisting the veteran or the veteran’s dependent to obtain the rights and benefits to which the veteran or the veteran’s dependent may be entitled. Committees of the senate and assembly may be provided information contained in department or county veterans service office files that pertains to an application for benefits from the department as may be requested for official use. The department may not provide any information that is considered by law to be nondisclosable without the written consent of the applicant.

(10) Disclosure to county veterans service officers. A county veterans service officer may be permitted to inspect records pertaining to any application for benefits in which the county veterans service office is involved. The department may provide information or exhibits from an application for benefits to the applicant only. If the applicant is incompetent, the information may be provided to the applicant’s legal representative. Any disclosure of information shall be made in accordance with sub. (1m). The department shall inform a county veterans service officer whose office is involved in an application for benefits of information necessary to complete such application and of action taken by the department.

(11) Disclosure to auditors. Department records and files shall be made available for inspection by, and information contained in department files shall be made available to, the legislative audit bureau or the legislative fiscal bureau in accordance with ss. 13.94 (1) to (4) and 13.95 (1) and (2), Stats., or to independent auditors only for statistical or audit reporting purposes upon the condition that information reported by such auditors or bureaus will not contain any confidential or personally identifiable information.

(12) Application status information. Information on the status of an application for a department benefit, or for the establishment of eligibility for a department benefit, may be released to a party having an interest in the veteran or dependent obtaining the benefit applied for or establishing eligibility to apply for a specific department benefit, or to a person who is calling on behalf of an applicant for a department benefit. The department will not disclose or release confidential information, protected health information, or personally identifiable information pertaining to the application without the written consent of the applicant.

(15) Judicial proceedings. When records pertaining to an application for benefits are requested for use in any judicial proceedings, the records shall be released only upon service of a proper subpoena. The requester shall return to the department all furnished records upon conclusion of the judicial proceeding unless the records become part of the official court records.

(16) Addresses of applicants. Addresses of applicants for benefits from the department that are contained in department or county veterans service office records may not be released, except as provided in subs. (6) to (15). This subsection does not apply to the furnishing of addresses by county veterans service officers to the department or vice versa.

History

Cr. Register, March, 1965, No. 111, eff. 4-1-65; am. intro. par., r. and recr. (1), am. (4), (6), (7), (8), (9), (12), r. (13), Register, October, 1967, No. 142, eff. 11-1-67; am. (7), Register, June, 1970, No. 174, eff. 7-1-70; am. (7) and (10), Register, November, 1971, No. 191, eff. 12-1-71; am. (1), (3), (6) (b), (9) and (10), r. and recr. (8), renum. (11) and (12) to be (15) and (16), cr. (11), (12) and (13), am. (16), Register, November, 1980, No. 299, eff. 12-1-80; am. (7), Register, September, 1990, No. 417, eff. 10-1-90; am. (4), (5), (6) (b), (13), Register, August, 1993, No. 452, eff. 9-1-93; correction in (intro.) and (6) (a) made under s. 13.93 (2m) (b) 5., Stats., Register, August, 1993, No. 452; am. (7), Register, May, 1999, No. 521, eff. 6-1-99; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register April 2003 No. 568; CR 20-011: renum. (intro.), (1) to (1m), (2m) and am., r. (2), am. (3), r. (4), (5), am. (6), r. (7), renum. (8) (intro.), (a) to (8) (ag), (ar) and am., am. (8) (b), (c), (9) to (12), r. (13), am. (15), (16) Register September 2021 No. 789, eff. 10-1-21.

Wis. Admin. Code § VA 1.13 Discrimination prohibited {#sec-va-1.13 omnilex-key=us-wi-regs-official--agency-va--VA 1.13}

(1) Discrimination against properly qualified persons in the provision of veterans assistance under ch. 45, Stats., on the basis of age, race, religion, color, disability, sex, national origin, sexual orientation, physical condition, developmental disability, military or veteran status, gender identity or expression, marital or familial status, genetic information, political affiliation or beliefs, or arrest or conviction records, is prohibited.

(2) Persons employed by the department shall, if possible, be veterans, with preference given to disabled veterans. Discrimination against qualified persons in the employment of staff on the basis of any of the classes listed under sub. (1) is prohibited.

History

Cr. Register, October, 1976, No. 250, eff. 11-1-76; r. and recr., Register, December, 1979, No. 288, eff. 1-1-80; am, Register, August, 1993, No. 452, eff. 9-1-93; correction made under s. 13.93 (2m) (b) 7., Stats., Register April 2003 No. 568; CR 20-011: renum. VA 1.13 to (1) and am. Register September 2021 No. 789, eff. 10-1-21; correction in (2) made under s. 35.17, Stats., Register September 2021, No. 789.

Wis. Admin. Code § VA 1.14 Periods of war {#sec-va-1.14 omnilex-key=us-wi-regs-official--agency-va--VA 1.14}

For the purposes of determining a veteran’s eligibility, the department shall use the beginning and ending dates during a period of war, campaign, or expedition as specified under ch. 45, Stats., 38 USC 101, and the period beginning on the date of any future declaration of war by the Congress and ending on the date prescribed by Presidential proclamation or concurrent resolution of the Congress.

History

Cr. Register, April, 1986, No. 364, eff. 5-1-86; CR 20-011: r. and recr. Register September 2021 No. 789, eff. 10-1-21.

Wis. Admin. Code § VA 1.16 Veteran-owned business {#sec-va-1.16 omnilex-key=us-wi-regs-official--agency-va--VA 1.16}

Upon the written request of an owner, the department shall certify as a veteran-owned business a small business, as defined in s. 16.75 (4) (c), Stats., whenever the business is at least 51 percent owned by one or more veterans. An owner shall submit evidence of the ownership interest and veteran status of each owner with the written request for certification.

History

Cr. Register, June, 1994, No. 462, eff. 7-1-94; correction made under s. 13.93 (2m) (b) 7., Stats., Register April 2003 No. 568; CR 20-011: am. Register September 2021 No. 789, eff. 10-1-21; correction made under s. 35.17, Stats., Register September 2021 No. 789.

Chapter VA 2 VETERANS ASSISTANCE GRANTS

Wis. Admin. Code § VA 2.001 Administrative review {#sec-va-2.001 omnilex-key=us-wi-regs-official--agency-va--VA 2.001}

Any department decision under this chapter is subject to reconsideration by submitting a written request to the department's office of legal counsel. The request for reconsideration must be received by the department within 60 calendar days after the date of the department's decision.

Note: Requests for reconsideration should be submitted electronically to WDVA.Reviews@dva.wi.gov or mailed to Department of Veterans Affairs, Office of Legal Counsel, 2135 Rimrock Road, P.O. Box 7843, Madison, WI 53707-7843.

History

CR 25-011: renum. from VA 2.05 (5) and am. Register September 2025 No. 837, eff. 10-1-25.

Wis. Admin. Code § VA 2.01 Subsistence and health care aid grant programs {#sec-va-2.01 omnilex-key=us-wi-regs-official--agency-va--VA 2.01}

(1g) Authority and purpose.

(a) The purpose of this section is to establish rules for the administration of the subsistence and health care aid grant programs, as authorized under s. 45.40, Stats.

(b) The subsistence and health care aid grant programs provide limited financial assistance to eligible veterans or their dependents who are in need.

(1r) Definitions. In this section the following terms shall have the designated meanings:

(b) “Applicant’s family” means the applicant’s spouse and dependents or, where the applicant is a dependent, the parents, stepparents, or any custodial guardians of the dependent.

(c) “Approved treatment programs” means treatment programs approved by the USDVA or alcohol and other drug treatment programs certified by the Wisconsin department of health services.

(e) “Declaration of aid” means a written determination regarding the availability of county, state, or federal aid administered by the county for an applicant. A declaration of aid must be signed by a county or tribal official authorized to determine whether aid is available for an applicant and the applicant’s family and whether the applicant has accepted the aid available.

(f) “Dental care” means any dental-related care provided by a licensed dental care provider given to teeth, the supporting natural and artificial structures for teeth, and any replacement or restoration of teeth.

(i) “Description of benefits” means a written determination that an applicant is eligible for health care aid. A description of benefits expires 90 days after the date of eligibility is established and printed by the department unless extended by the department.

(j) “Earned income” means all anticipated family monthly take-home earnings from employment, including armed forces reserve pay, national guard pay, and work study pay, after all payroll deductions of the applicant and the applicant’s family, except payroll deductions for savings plans and payment of debts.

(k) “Economic emergency” means a natural disaster that damages an applicant’s primary living residence, a medical emergency, the failure of the applicant’s sole means of transportation, or a severe disruption in essential household systems caused by a failure of the applicant’s stove, refrigerator, heating system, ventilating and air conditioning system, plumbing system, or electrical system such that it materially compromises the applicant’s ability to live.

(m) “Health care aid” means the payment by the department for health care services authorized under s. 45.40 (2) (a), Stats.

(n) “Hearing care” means any hearing-related care provided by a licensed hearing care provider. “Hearing care” includes the hearing exam and hearing aids.

(o) “Illness or injury” means a physical or mental health problem that has been diagnosed by a licensed physician, dentist, optometrist, or audiologist.

(om) “Liquid assets” means cash on hand, including cash in checking, savings, money market, or other similar accounts owned individually or jointly by the applicant and the applicant’s family.

(p) “Month” means any consecutive 30-calendar day period.

(q) “Natural disaster” means a catastrophic occurrence over which the applicant or family members living with the applicant has no control, including, but not limited to, a fire, flood, tornado, blizzard, or earthquake.

(r) “Subsistence” means essential household living expenses including current rent or mortgage payments on the applicant’s primary residence, food, current medical insurance premiums, current costs for prescribed medications, essential travel, child care required because of employment, educational, or medical reasons, and current costs for electricity, heat, and basic cell phone or landline telephone service. “Subsistence” also means any repairs or purchases required due to an economic emergency.

(s) “Subsistence aid” means the grant payment provided by the department for subsistence.

(t) “Unearned income” means income that is not earned through employment.

(u) “Vision care” means any vision-related care provided by a licensed vision care provider. “Vision care” includes the vision exam and a prescription for corrective eyewear, lenses, frame, and lens coating.

(2) Subsistence aid.

(a) Application.

1m. A grant application for subsistence aid may be submitted through a county or tribal veterans service officer or directly to the department via a department-approved form or the online grant portal.

Note: The application for subsistence aid (form WDVA 2453) may be obtained at WisVets.com or by request from the Department of Veterans Affairs, PO Box 7843, Madison, WI 53707-7843, or 1-800-WIS-VETS (800-947-8387).

The application shall be submitted to the department no later than 12 months following the verified loss of income due to illness, injury, or natural disaster.
A declaration of aid shall be submitted with the application. The declaration shall state that the applicant has applied for all aid offered through or administered by the county, including aid from the federal or state government.
Effective October 31, 2025, the application shall list all of the applicant’s household assets and the household living expenses for the period of 3 months immediately preceding the date of the application.
If requested by the department the applicant shall submit evidence establishing that all other available aid has been applied for and accepted.
The department may request additional verification of any information provided in the application.
The department shall notify the applicant or the applicant’s county or tribal veterans service officer if any required documentation is missing or if further verification is required to make a decision on the applicant’s eligibility. The department may terminate an application if such documentation or verification does not arrive at the department’s central office within 60 days of that notification.

(b) Eligibility. An applicant is eligible to receive grant funds under this subsection when all of the following apply:

The applicant satisfies the requirements of s. 45.01 (12), Stats., to be considered a veteran, or is a spouse or dependent of an individual who satisfies the requirements of s. 45.01 (12), Stats.

2m. The applicant has suffered a loss of income due to illness, injury, or natural disaster. If the loss of income is the result of alcohol or other drug abuse, the applicant shall verify current participation in a department-approved treatment program.

3m. Except for an applicant who is eligible under par. (d), the applicant’s household income may not exceed 200 percent of the federal poverty guidelines, in effect on the date the application arrives at the department’s central office, for the number of the applicant’s family members living in the primary residence.

The applicant lacks other assets or income to meet basic subsistence needs and is not eligible to receive aid from other sources to meet those needs.

(c) Unremarried surviving spouse and dependent of a veteran who dies in the line of duty. An unremarried surviving spouse and a dependent claiming eligibility due to the death of a veteran in the line of duty shall submit evidence from the appropriate military service indicating that the veteran died in the line of duty.

(d) Spouse and dependent of activated or deployed member. A spouse and dependent of a member of the U.S. armed forces or of the Wisconsin national guard claiming eligibility shall submit evidence that the service member has been deployed or activated, that due to the activation or deployment a loss of income has occurred, that an economic emergency has occurred during the activation or deployment, and that the spouse and dependent are residents of the state.

(e) Limitations.

Subsistence aid is available for the 90-day period following the date of the verified loss of income due to illness, injury, or a natural disaster.
An application for subsistence aid shall be submitted within 12 months following the date of the verified loss of income.
Payments may be provided in 30-day increments or for a 90-day period, beginning with the date of eligibility, as determined by the application.
Subsistence aid shall be limited to the difference between the amount of earned and unearned income available before the loss of income and the earned and unearned income being received after the loss of income, subject to the limitations under s. 45.40 (1m) (b) and (3), Stats.

(f) Loss of income verification.

The applicant shall verify the loss of income by submitting verification of income forms, certified public accounting statements, or any other evidence the department deems credible.
If the loss of income is due to an illness or injury, the illness or injury shall be verified in writing on a form approved by the department.

Note: The verification of illness or disability form (WDVA 2045) may be obtained at WisVets.com or by request from the Department of Veterans Affairs, PO Box 7843, Madison, WI 53707-7843, or 1-800-WIS-VETS (800-947-8387).

When the department has evidence that the incapacitation will cause an income loss for 90 days or longer, subsistence grants will be prorated for each of the 30-day periods unless the department determines that an alternate distribution of the grant would benefit the applicant.

(g) Maximum amount of subsistence aid.

An application approved by the department shall have the balance of the maximum available aid allocated unless the applicant indicates a lesser amount in writing.
The maximum amount of subsistence aid payable in a consecutive 12-month period is $3,000.

(3m) Health care aid.

(a) Application.

1m. A grant application for health care aid shall be submitted through a county or tribal veterans service officer or directly to the department via a department-approved form or the online grant portal.

Note: The grant application (form WDVA 2450) may be obtained at WisVets.com or by request from the department of veterans affairs, PO Box 7843, Madison, WI 53707-7843, or 1-800-WIS-VETS (800-947-8387).

The application shall list all of the applicant’s household assets.
A declaration of aid shall be submitted with the application. The declaration shall state that the applicant has applied for all aid offered through or administered by the county, including aid from the state or federal government.
The department shall notify the applicant or the applicant’s county or tribal veterans service officer if any required documentation is missing or if further verification is required to make a decision on the applicant’s eligibility. The department may terminate an application if such documentation or verification does not arrive at the department’s central office within 60 days after that notification.

(b) Eligibility. An applicant is eligible to receive grant funds under this subsection when all of the following apply:

The applicant satisfies the requirements of s. 45.01 (12), Stats., to be considered a veteran, or is a spouse or dependent of an individual who satisfies the requirements of s. 45.01 (12), Stats.
Except for an applicant who is eligible under par. (f), the applicant’s household income may not exceed 200 percent of the federal poverty guidelines, in effect on the date the application arrives at the department’s central office, for the number of the applicant’s family members living in the primary residence.
The applicant’s liquid assets may not exceed the amount authorized under s. 45.40 (2) (c), Stats. When determining the liquid assets of the veteran, the department may not include the first $50,000 of cash surrender value of any life insurance policy.

An application approved by the department shall have the balance of the maximum available aid allocated unless the applicant indicates a lesser amount in writing.
The department shall indicate on each description of benefits the type of aid authorized, the date the department confirmed that the applicant was eligible for the grant, a date 180 calendar days from that date, the unallocated amount available for the type of aid and for the cumulative limits of aid under this section, and the amount of aid being authorized.
The department’s determination of whether the veteran has sufficient available liquid assets to contribute towards a payment is based on verification of the applicant’s income at the time of the application. If the veteran’s income increases after the department determines eligibility, the veteran shall notify the department in writing within 30 days. The department shall determine whether the veteran remains eligible for future aid payments based on the veteran’s availability of liquid assets and capability to make payments on any outstanding statement balances from a health care provider.

(d) Payments.

No more than one description of benefits may be outstanding at any time, except where a health care provider has submitted a binding quote prior to the issuance of more than one description of benefits, and is willing to accept payment from this program in full for any service rendered to the applicant in accordance with the description of benefits.

1m. The department may amend the description of benefits if a health care provider indicates additional services are needed and the request for additional aid is submitted to the department within 14 calendar days before the expiration date listed on the description of benefits authorized under par. (c).

The department shall pay the lesser amount of either the actual cost of services invoiced or the binding quote submitted by the health care provider.
No payment shall be made by the department unless an itemized written invoice is received by the department within 120 days of the expiration date, or any approved extension of that expiration date, as identified in the applicable description of benefits.
If the department does not receive an itemized written invoice within 120 days of the expiration date, or any approved extension of that expiration date, as identified in the applicable description of benefits, the healthcare provider, except for a department-approved payment, may not charge the applicant and shall only accept payments from any of the following sources:

a. The applicant’s health insurance.

b. Third-party payments on behalf of the applicant.

c. A department-approved payment from the applicant.

An authorized application for health care aid may not be withdrawn without the agreement of the provider of the health care aid.

(e) Unremarried surviving spouse and dependent of a veteran who dies in the line of duty. An unremarried surviving spouse and a dependent claiming eligibility due to the death of a veteran in the line of duty shall submit evidence from the appropriate military service indicating that the veteran died in the line of duty.

(f) Spouse and dependent of activated or deployed member. A spouse and dependent of a member of the U.S. armed forces or of the Wisconsin national guard claiming eligibility shall submit evidence that the service member has been deployed or activated, that due to the activation or deployment a loss of income has occurred, that an economic emergency has occurred during the activation or deployment, and that the spouse and dependent are residents of the state.

(g) Health care providers.

The department may grant payments for health care aid to a health care provider if the health care services are rendered and the provider submits an invoice to the department containing the actual cost of services rendered within 120 days after the department confirms that the applicant is eligible and only after a description of benefits has been transmitted to the applicant or the county or tribal veterans service officer.
The department may accept a second application for the health care services listed on the first description of benefits if the department receives a statement from the health care provider, within 14 calendar days before the expiration listed on the first description of benefits, attesting that the authorized health care services are still being provided and that the applicant will not incur costs.

(h) Extensions. A health care provider providing health care services under par. (g) may request a onetime 120-day extension by submitting a request to the department within 14 calendar days before the expiration date listed on the description of benefits. The application requesting the extension shall comply with all of the following:

Include a statement that the health care services to be provided are included in the description of benefits authorized under par. (g).

1m. Include a statement that the health care services have begun and additional time is needed to complete the care.

Include a statement that the patient will not incur additional costs for health care services authorized under par. (g).

3m. If additional time or health care services are needed after the approved extension has expired, the veteran shall submit a new application.

(i) Limitations.

The department may provide a grant only if the health care provider agrees to accept and only accepts payments from any of the following sources:

a. Grant funds.

b. The applicant’s health insurance.

c. Third-party payments on behalf of the applicant.

d. A department-approved payment from the applicant.

The department may approve a payment by the veteran when a provider refuses to accept the maximum grant available to the veteran as payment in full if the veteran has sufficient available liquid assets to contribute an amount that will induce the provider to accept the aggregate payment as payment in full.

(j) Types of health care aid.

‘Dental care aid.’ An applicant may qualify for a dental care aid grant if a dental care provider indicates in writing that a medical condition warrants dental care.
‘Hearing care aid.’ An applicant may qualify for a hearing care aid grant if a hearing care provider indicates in writing that a medical condition warrants hearing care.
‘Vision care aid.’ An applicant may qualify for a vision care aid grant if a vision care provider indicates in writing that a medical condition that warrants vision care.

History

Cr. Register, April, 1986, No. 364, eff. 5-1-86; am. (1) (a), (c), (d), (g), (2) (b) 1., 2., 7., 10., 13., and 14., (2) (c) 4., cr. (1) (am), r. (2) (b) 11., and 12., and (2) (c) 2., Register, February, 1989, No. 398, eff. 3-1-89; am. (2) (b) 2. and 10., r. (2) (b) 5., Register, January, 1990, No. 409, eff. 2-1-90; am. (2) (b) 2., Register, September, 1990, No. 417, eff. 10-1-90; am. (1) (b), (c), (2) (b) 2., 7., 13., 14., and (c) 4., cr. (1) (em), r. and recr. (2) (c) 3., Register, June, 1992, No. 438, eff. 7-1-92; am. (1) (d), (2) (b) 13. and 14., cr. (2) (b) 15. to 17., Register, January, 1996, No. 481, eff. 2-1-96; cr. (1) (an) and (2) (b) 18. and 19., r. (1) (c), (f), (2) (b) 3., 9., 16. and 17., am. (1) (d), (2) (b) 7., 10. and 13., Register, July, 1998, No. 511, eff. 8-1-98; emerg. am. (2) (b) 2., eff. 10-12-98; am. (2) (b) 2., Register, March, 1999, No. 519, eff. 4-1-99; am. (2) (b) 15., Register, July, 2000, No. 535, eff. 8-1-00; CR 03-024: am. (2) (b) 2. Register July 2003 No. 571, eff. 8-1-03; CR 05-097 r. and recr. Register January 2006 No. 601, eff. 2-1-06; CR 09-026: am. (2) (a), (b) 1., (3) (b) and (c) Register October 2009 No. 646, eff. 11-1-09; correction in (1) (c) made under s. 13.92 (4) (b) 6., Stats., Register October 2009 No. 646; correction in (3) (b) made under s. 13.92 (4) (b) 7., Stats., Register June 2010 No. 654; CR 09-091: cr. (1) (u), (v), (3) (d) to (g) Register August 2010 No. 656, eff. 9-1-10; titles created in (3) (d) to (g) under s. 13.92 (4) (b) 2. Register August 2010 No. 656; 2013 Wis. Act 189: am. (2) (b) 1., (3) (b) Register April 2014 no. 700, eff. 5-1-14; CR 21-012: am. (title), renum. (1) (intro.) to (1r) (intro.) and am., r. (1) (a), renum. (1) (b) to (f), (g) to (1r) (b) to (f), (kr) and, as renumbered, am. (1r) (c), (d), (f), (kr), r. (1) (h), renum. (1) (i) to (u) to (1r) (i) to (u) and, as renumbered, am. (1r) (i), (k), (L), (n), (r) to (u), renum. (1) (v) to (1r) (dm), cr. (1g), (1r) (kg), am. (2) (title), (a) (title), renum. (2) (a) to (2) (a) 1. and am., cr. (2) (b) (intro.), r. and recr. (2) (b) 1., renum. (2) (b) 2., 3. to (2) (c), (d) and am., cr. (2) (b) 2m., 3m., 4., (e) 3., r. (3) (a), renum. (3) (b), (c), (d) to (2) (e) 1., (g) 2., (3m) (i) 1. to 3. and am., cr. (2) (g) 1., (3m) (a) to (i), (i) (title) Register September 2021 No. 789, eff. 10-1-21; correction in (3m) (c) 3. made under s. 35.17, Stats., and (3m) (i), (1r) (kg) renumbered to (3m) (j), VA 2.08 (3) (fe) under s. 13.92 (4) (b) 1., Stats., Register September 2021 No. 789; correction in (3m) (h) made under s. 13.92 (4) (b) 7., Stats., Register April 2022 No. 796; CR 25-011: renum. (1r) (d) to (1r) (om) and am., r. (1r) (dm), am. (1r) (e), (f), (j), (k), r. (1r) (kr), (L), am. (1r) (m), (n), (r), (t), (u), cons. (2) (a) 1. and 2. and renum. to (2) (a) 1m. and am., am. (2) (a) 5., 8., (b) 3m., cons. (3m) (a) 1. and 2. and renum. to (3m) (a) 1m. and am., am. (3m) (a) 5., (b) 2., 3., (c) 2., cr. (3m) (d) 1m., am. (3m) (d) 3., 4. (intro.), (g), (h) (intro.), cr. (3m) (h) 1m., r. (3m) (h) 3., cr. (3m) (h) 3m., renum. (3m) (j) 1. a. to (3m) (j) 1. and am., r. (3m) (j) 1. b., c., 2. a., b., renum. (3m) (j) 2. c. to (3m) (j) 2. and am., r. (3m) (j) 3. a., renum. (3m) (j) 3. b. to (3m) (j) 3. and am. Register September 2025 No. 837, eff. 10-1-25.

Wis. Admin. Code § VA 2.02 Veterans tuition reimbursement program {#sec-va-2.02 omnilex-key=us-wi-regs-official--agency-va--VA 2.02}

(1g) Authority and purpose. The purpose of ss. VA 2.02 to 2.05 is to establish rules for the implementation and administration of grants to veterans for tuition reimbursement and retraining, as authorized under ss. 45.20 and 45.21, Stats.

(1r) Definitions. In ss. VA 2.02 to 2.05, the following terms shall have the designated meanings:

(b) “Income” means the annualized adjusted gross income of the veteran and the veteran’s spouse reportable on their federal tax return.

(2) Application.

(a) An application shall be submitted through the online portal or on a form approved by the department.

Note: The veterans education grant application (form WDVA 2200) may be obtained at WisVets.com or by request from the Department of Veterans Affairs, PO Box 7843, Madison, WI 53707-7843, or 1-800-WIS-VETS (800-947-8387).

(b) The application may be submitted through a county or tribal veterans service officer, a school certifying official authorized by the department, or directly to the department.

(c) Effective October 31, 2025, the department must receive an application no later than 60 days after the last day of the course, term, or semester for which reimbursement is requested.

(d) An application is considered received if all student information is completed and a physical or electronic date stamp is affixed to the application.

(e) The school certifying official shall list the completion date of the semester, the cost of tuition, other assistance received or applied for by the applicant, the number of credits enrolled during the semester, and the semester grade point average.

(f) An application is considered complete when all required information has been provided and the completed application is submitted to the department manually or electronically.

(3) Limitations.

(a) Undergraduate enrollment. Reimbursement may be made only if a representative of the educational institution, center, or school certifies that the veteran was enrolled as an undergraduate during the semester for which reimbursement is sought and that the veteran does not have an undergraduate degree.

(b) Fund availability. Grant funds shall be issued on a first-come, first-served basis and subject to fund availability.

A veteran may not receive reimbursement for any semester or course for which the veteran is eligible for or received a grant under s. 321.40, Stats., or 10 USC 2007.
A veteran who fails to comply with the procedural requirements or maintain the requisite grade point average applicable to the grant or who takes any action that may disqualify the veteran from receiving the applicable grant is considered to still be eligible for the applicable grant for the purpose of determining whether the veteran is entitled to reimbursement under this section for a subsequent semester.

(e) Grade point average. The department shall utilize the grade point average calculated and reported by the school.

History

Cr. Register, April, 1986, No. 364, eff. 5-1-86; r. (2), am. (3) and (6), Register, February, 1989, No. 398, eff. 3-1-89; am (5), Register, August, 1993, No. 452, eff. 9-1-93; CR 04-080: cr. (8) Register November 2004 No. 587, eff. 12-1-04; CR 05-096: r. and recr. Register January 2006 No. 601, eff. 2-1-06; CR 07-083: am. (3) (b) Register February 2008 No. 626, eff. 3-1-08; correction in (3) (c) made under s. 13.92 (4) (b) 7., Stats., Register October 2009 No. 646; EmR0944: emerg. am. (2), eff. 1-4-10; CR 09-122: am. (2) Register June 2010 No. 654, eff. 7-1-10; 2013 Wis. Act 189: r. (3) (b) Register April 2014 No. 700, eff. 5-1-14; CR 21-012: cr. (1g), renum. (1) (intro.) to (1r) (intro.) and am., r. (1) (a), renum. (1) (b) to (d) to (1r) (b) to (d), r. (1) (e), am. (2) (title), renum. (2) to (2) (a) and am., am. (3) (a), renum. (3) (c) to (3) (c) 1. Register September 2021 No. 789, eff. 10-1-21; CR 25-011: r. (1r) (d), am. (2) (a) to (c), (e), r. (2) (g), cr. (3) (b), r. (3) (d) Register September 2025 No. 837, eff. 10-1-25.

Wis. Admin. Code § VA 2.03 Retraining grants {#sec-va-2.03 omnilex-key=us-wi-regs-official--agency-va--VA 2.03}

(1) Definitions. In this section the following terms shall have the designated meanings:

(b) “Course of instruction” means any series of classroom or shop courses that have a unified purpose and lead to a diploma or degree or to an occupational or vocational objective.

(c) “Earned income” means all anticipated monthly and academic year take-home earnings from employment, including armed forces reserve and national guard pay and work-study pay, after all payroll deductions of the veteran and the veteran’s spouse, except payroll deductions for savings plans and payment of debts.

(d) “FAO” means a school’s financial aid officer.

(e) “Grant period” means one year from the date the department receives the application or until the anticipated completion date of the applicant’s approved retraining program, whichever is earlier.

(em) “ Liquid assets” means cash on hand, including cash in a checking, savings, money market, or other similar account owned individually or jointly by the applicant and the applicant’s spouse.

(f) “Underemployed” means the status of a veteran whose annual income from employment does not exceed the federal poverty guidelines, as established by the department of health and human services, for the veteran’s family size. The department shall adjust the guidelines on July 1 of each year to reflect the most recent federal poverty guidelines.

Note: The department will use 200 percent of the federal poverty guidelines. This definition will be revised in the next rule revision.

(g) “Unearned income” means income that is not earned through employment.

(h) “Unusual expenses” means monthly or academic year payments that a veteran will be required to make on medical and dental expenses or alimony being paid under a final judgment or decree of divorce.

(2) Limitations.

(b) Amount of grant.

An applicant who qualifies for a retraining grant under the provisions of this section and s. 45.21, Stats., is entitled to a grant equal to their need during the grant period or the statutory maximum grant, whichever is less.
Except as provided in par. (h), need shall be determined by deducting 75 percent of earned income and all unearned income to be received by the applicant during the grant period, available liquid assets in excess of $2,400 plus 6 months’ living expenses computed as set forth in s. VA 2.04 held by the applicant at the time of application and all other financial aid that will be received by the applicant during the grant period from the amount needed during the grant period.
The amount needed will be the sum of the amount shown on the standard student budget described in s. VA 2.04 for the appropriate time period and for the appropriate number of the applicant’s family members plus any unusual expenses reported by the applicant.

(d) Completion date. The anticipated completion date of a course of instruction or a structured on-the-job training program may not be more than 2 years from the date the application is received by the department.

(f) Qualifying prior employment. The veteran shall demonstrate a work history of at least 6 consecutive months of employment with one employer or in the same or similar occupations. Loss of that employment or a reduction in earnings may not be caused by the voluntary actions of the veteran.

(g) Grant payments.

The department may make partial grant payments to assure that the veteran continues to pursue an approved course of instruction or engage in an approved structured on-the-job training program during the grant period.
The department may require written verification from the school or the employer that the veteran is making satisfactory progress toward the completion of the course of instruction or the structured on-the-job training program.
If the veteran is unable to verify satisfactory progress toward the completion or discontinues pursuit of the course of education or engagement in the structured on-the-job training program, the department may cancel any unpaid portion of the grant.

(h) Earned income. Income from an employer who is providing an approved structured on-the-job training program to the veteran shall be disregarded in determining the veteran’s need under par. (b).

(i) Grant limit. The maximum grant payable under this section for each grant period is $3,000.

(k) Other available financial assistance. The department may not provide a grant payment under this section if other financial assistance is available to meet the veteran’s needs.

(3) Grant application.

(a) Required information. A grant application for retraining funds shall include documentation verifying the applicant has become unemployed, become underemployed, or received a notice of termination of employment.

(b) Procedure for a school-based course.

An application shall be initiated by the FAO, county or tribal veterans service officer, or other appropriate official representing the school attended by the applicant.
The application shall include verification that the applicant has received counseling from an assessment counselor and the counselor approves of the retraining to be taken.

The application shall be initiated, completed, and submitted by the office of a county or tribal veterans service officer.
Each application shall contain a certification by the employer that the requirements of sub. (5) are met.
The department shall evaluate the program and determine whether the requirements of sub. (5) are met.

(5) On-the-job training programs. All of the following requirements shall be met for approval of a grant for engagement in a structured on-the-job training program:

(a) The employer is planning, upon completion of the veteran’s training program, to employ the veteran for the position for which the veteran has been trained and the employer reasonably expects that such a position will be available to the veteran on a stable and permanent basis at the end of the training period.

(b) The training program is not for employment that consists of seasonal, intermittent, or temporary jobs.

(c) The training content of the program is adequate to accomplish the training objective of the program taking into account the occupation for which training is to be provided and the content of comparable, available training opportunities that lead to the occupation.

(d) The wages and benefits to be paid to the veteran participating in the training program may not be less than the wages and benefits normally paid to other employees participating in a comparable training program.

(e) The employment of a veteran under the program may not result in the full or partial displacement of currently employed workers.

(f) The employment of a veteran under this program may not be in a job while any other individual is on layoff from the same or substantially equivalent job or the opening that was created as a result of having terminated the employment of any regular employee or otherwise having reduced the workforce with the intention of hiring a veteran under this program.

(g) The employer may not employ in this program a veteran who is already qualified by training or experience for the job for which training is to be provided.

(h) The employer shall consider the veteran’s prior applicable training and may shorten the training program accordingly.

(i) Each participating veteran shall be employed full-time in the program of job training.

(j) The training period under the proposed program may not be longer or shorter than the training period that employers in the community customarily require new employees to complete in order to become competent in the occupation for which training is to be provided.

(k) The training establishment or place of employment shall have adequate space, equipment, instructional material, and instructor personnel as needed to accomplish the training objective.

(L) The employer shall keep records adequate to show the progress made by each veteran participating in the program and otherwise to demonstrate compliance with the requirements of the program for at least 3 years. The employer shall make these records and accounts available for examination by the department as may be required.

History

Cr. Register, January, 1990, No. 409, eff. 2-1-90; am. (1) (d), (2) (e) and (3) (a), Register, June 1992, No. 438, eff. 7-1-92; r. (1) (f), am. (2) (b) (3) (a), cr. (2) (f), (4), Register, August, 1993, No. 452, eff. 9-1-93; cr. (1) (f), am. (2) (f) and (3) (a), Register, January, 1996, No. 481, eff. 2-1-96; am. (1) (e), (2) (b), (d), (3) (a) and (b), r. (2) (a) and (c), cr. (2) (g), (h), (3) (c), and (5), Register, July, 1998, No. 511, eff. 8-1-98; CR 05-091: am. (2) (g), cr. (2) (i) to (k) Register January 2006 No. 601, eff. 2-1-06; corrections in (4) made under s. 13.92 (4) (b) 6., Stats., Register October 2009 No. 646; 2013; Wis. Act 189: am. (1) (b) to (d), (g), (h), (2) (b) Register April 2013 No. 700, eff. 5-1-14; CR 21-012: am. (1) (intro.), (d), (g), renum. (2) (b) to (2) (b) 1. and am., am. (2) (e), renum. (2) (g) to (2) (g) 1. and am., am. (2) (k), renum. (3) (a), (b), (c), (4) to (3) (a) (intro.), (b) 1., (c) 1., (4) (a) and am., am. (5) (b) to (L) Register September 2021 No. 789, eff. 10-1-21; CR 25-011: renum. (1) (a) to (1) (em) and am., am. (1) (e), (g), (2) (b) 1., 3., r. (2) (e), am. (2) (g) 2., 3., r. (2) (j), cons. (3) (a) (intro.) and 2. and renum. to (3) (a) and am., r. (3) (a) 1., 3., am. (3) (b) 1., (c) 1., r. (4), am. (5) (f) Register September 2025 No. 837, eff. 10-1-25; correction in (1) (em) made under s. 35.17, Stats., Register September 2025 No. 837.

Wis. Admin. Code § VA 2.04 Standard student budget {#sec-va-2.04 omnilex-key=us-wi-regs-official--agency-va--VA 2.04}

(1) Educational budget. A standard educational budget for a single or married student shall include standard living expenses and all actual expenses for tuition, course fees, and book and materials costs for the academic year.

(2) Standard living expenses.

(a) Living expenses shall be based upon 9 months of living expenses per academic year.

(b) An amount determined under par. (d) shall be added to the budget per month per dependent not including the student’s spouse.

(c) A budget for standard living expenses plus the amount to be added to the budget for dependents shall be increased on July 1 of every year.

(d) The amount to be added shall be computed on the basis of the percentage of the increase in the consumer price index for all urban consumers during the preceding calendar year rounded to the nearest dollar.

History

Cr. Register, December, 1973, No. 216, eff. 1-1-74; emerg. am., eff. 10-1-74; emerg. am., eff. 1-29-75; emerg. am., eff. 6-25-75; emerg. am., eff. 10-25-75; emerg. am., eff. 1-30-76; emerg. am., eff. 6-1-76; emerg. am., eff. 9-28-76; emerg. am., eff. 2-3-77; emerg. am., eff. 6-4-77; emerg. am., eff. 10-3-77; emerg. am., eff. 1-30-78; emerg. am., eff. 5-31-78; am. Register, September, 1978, No. 273, eff. 10-1-78; am. Register, December, 1979, No. 288, eff. 1-1-80; am. Register, October, 1980, No. 298, eff. 11-1-80; am. Register, April, 1986, No. 364, eff. 5-1-86; am. Register, February, 1989, No. 398, eff. 3-1-89; 2013 Wis. Act 189: renum. from VA 9.03 Register April 2013 No. 700, eff. 5-1-14; CR 21-012: am. (title), renum. VA 2.04 to VA 2.04 (1), (2) (a), (c), (d) and am., cr. (2) (b) Register September 2021 No. 789, eff. 10-1-21; CR 25-011: am. (2) (a) Register September 2025 No. 837, eff. 10-1-25.

Wis. Admin. Code § VA 2.05 Recovery of erroneous payments {#sec-va-2.05 omnilex-key=us-wi-regs-official--agency-va--VA 2.05}

(1) Criteria. The department may recover payments made as a grant under s. 45.20 or 45.21, Stats., if any of the following apply:

(a) The information provided by the applicant or the school is inaccurate.

(b) The department incorrectly calculated the grant amount.

(c) The applicant is not entitled to a grant or is entitled to a lower grant amount as a result of a change in circumstances that affects the applicant’s eligibility to receive the grant.

(2) Amount of recovery. The department may recover only the portion of the grant to which the applicant would not have been entitled if the correct information had been provided or the grant had been properly calculated, or as a change in circumstances warrants.

(3) Remedies.

(a) The department may request repayment of the amount due under sub. (2).

(b) In lieu of a lump sum payment, the department may enter into an agreement under which the applicant may repay the amount due within a 12-month period.

(c) If the applicant fails to repay the amount due within 30 days of a request for repayment or fails to comply with the terms of a repayment agreement, the department may offset future grants that the applicant may be entitled to under s. 45.20 or 45.21, Stats., until the amount due has been recovered.

(d) The department may also suspend other benefits available to the applicant until the amount due has been recovered, except that the department may not suspend benefits available under s. 45.40, Stats.

(4) Waiver. The department may temporarily or permanently waive its authority to recover payments under sub. (1) or suspend benefits under sub. (3) if the applicant’s household income is totally exempt from garnishment under s. 812.34 (2) (b), Stats.

History

CR 04-003: cr. Register June 2004 No. 582, eff. 7-1-04; CR 21-012: am. (2), renum. (3) to (3) (a) and am. Register September 2021 No. 789, eff. 10-1-21; CR 25-011: renum. (5) to VA 2.001 and am. Register September 2025 No. 837, eff. 10-1-25.

Wis. Admin. Code § VA 2.07 Grants to nonprofit organizations {#sec-va-2.07 omnilex-key=us-wi-regs-official--agency-va--VA 2.07}

(1) Authority and purpose. The purpose of this section is to establish rules for the implementation and administration of grants to nonprofit organizations that provide financial assistance or other services to Wisconsin veterans and their dependents, as authorized under s. 45.46, Stats.

(2) Applicability. This section applies to grants awarded under s. 45.46, Stats.

(3) Definitions. In this section the following terms shall have the designated meanings:

(a) “Applicant” means a nonprofit organization that applies for a grant to provide financial assistance or other services to veterans or their dependents.

(c) “Evaluation committee” means a committee established to evaluate applications made under this section that is comprised of at least one member of the board of veterans affairs and other individuals appointed by the department.

(d) “Nonprofit organization” means an organization described in section 501 (c) (3) of the internal revenue code that is exempt from federal income tax under section 501 (a) of the internal revenue code.

(4) Eligible applicant. A nonprofit organization is eligible to receive a grant under this section when all of the following apply:

(a) It provides financial or other assistance to Wisconsin veterans or to the dependents of Wisconsin veterans.

(bm) It is compliant with applicable state and federal laws, rules, and regulations, including tax laws, and the requirements of this section.

(cm) In accordance with s. 16.765, Stats., it follows all state and federal anti-discrimination laws and equal employment opportunity practices in the administration and delivery of program services to veterans and their dependents served by grant funds awarded to the nonprofit.

(d) It is in current good standing with the Wisconsin department of financial institutions.

(5) Application.

(a) Competitive solicitation. The department shall ensure that all solicitations are conducted in a manner that provides for fairness and competition.

(b) Public notice.

The department shall provide reasonable public notice of all solicitations for grant proposals under s. 45.46, Stats.
Notice may be made through the print, broadcast, or telecommunications media, including the Internet, at the discretion of the department.
The notice shall include the purpose of the grant, the selection criteria, application procedures, and all applicable solicitation deadlines that an applicant is required to meet, or shall contain instructions for obtaining this information.

An application for a grant under s. 45.46, Stats., shall be submitted to the department as directed in the notice provided under par. (b).

Note: The application may be obtained at WisVets.com or by request from the Wisconsin Department of Veterans Affairs, PO Box 7843, Madison, WI 53707-7843, or 800-WIS-VETS (800-947-8387).

An application shall be fully completed and signed by a representative of the applicant having authority to act for the applicant, and submitted by the required filing deadline.
An application shall include all of the following:

a. Proof of nonprofit status and other financial eligibility criteria listed in sub. (4) (bm) to (d).

b. Information about the organization.

c. A description of the financial or other assistance or other services it provides to veterans and their dependents.

d. A description of the need for the requested funds.

(6) Evaluation of applications.

(a) Evaluation criteria. The evaluation committee shall evaluate grant applications submitted under sub. (5) utilizing all of the following criteria:

Organizational experience providing services to veterans.
Understanding and ability to communicate the needs of veterans and their dependents.
Stated purpose and objectives for the grant funds and method and timetable for expending funds.
Proposed detailed budget and justification for the expenditures proposed in the application.
Outreach and referral plan to identify and assist veterans or their dependents with services.
Program implementation timeline.
Experience serving underserved populations or underserved geographic areas.
Past working relationships with veteran service organizations.

(b) Rating applications.

The evaluation committee shall weight the importance of each evaluation criterion by using a numerical point system.
Using the evaluation criteria specified in par. (a) the evaluation committee shall evaluate each application against each applicable criterion and assign points signifying the degree to which the application meets the criterion up to the maximum number of points.
The total points assigned to the application for all applicable criteria will be the score for the application.
The evaluation committee shall numerically rank each solicitation for grant proposals under this section.

(7) Notification. Each applicant shall be notified in writing of the department’s decision in accordance with the public notice.

(8) Grant awards. The department shall award a grant to the applicants with the highest numerical score as funds are available.

(10) Restrictions.

(a) Prohibited use of funds. Grant funds shall be used only for the payment or reimbursement of expenses that are reasonable, necessary, and properly assignable to the purposes of the approved grant. Any other use of grant funds is prohibited.

(b) Violation of prohibited use of funds. If a grantee uses grant funds for prohibited activities under par. (a), the department may terminate the grant and recover funds previously paid to the grantee for that funding period on a recoupment schedule specified by the department and may make the nonprofit ineligible for subsequent grants provided by the department.

(c) Record keeping. A grantee shall maintain grant records for at least 6 years and shall provide information to the department as required by the department for the purposes of program or fiscal audits or any other purpose and, at the request of the department, shall appear before the department to respond to any questions about the grant and use of grant funds.

(11) Amount of grants.

(a) Subject to pars. (b) and (c), the amount of a grant award shall be based on the amount requested by the applicant and the amount approved by the evaluation committee.

(b) The maximum amount of a grant to any nonprofit organization during any fiscal year shall be determined by the department and subject to the limitations specified in s. 45.46, Stats.

(12) Reporting requirements. A grantee receiving a grant under this section shall submit to the department data and information on the use and effect of the grant funds as specified in the grant’s terms and conditions. The grantee shall authorize the department to audit and inspect its records.

History

EmR1416: emerg. cr., eff. 8-14-16; CR 14-058: cr. Register September 2017 No. 741, eff. 10-1-17; correction in (5) (c) 1. made under s. 13.92 (4) (b) 7., Stats., Register September 2017 No. 741; CR 21-012: am. (3) (intro.), r. (3) (b), am. (3) (c), cr. (3) (cm), am. (3) (d), (4) (d), renum. (5) (b), (c) to (5) (b) 1., (c) 1. and am., r. (6) (a) 8., renum. (6) (b) to (6) (b) 1. and am., am. (8) (b), r. (9), renum. (10) (a) to (10) (a) 1. and am., am. (13) (c) Register September 2021 No. 789, eff. 10-1-21; correction in (3) (c) made under s. 35.17, Stats., Register September 2021 No. 789; CR 25-011: r. (3) (cm), am. (4) (a), r. (4) (b), cr. (4) (bm), r. (4) (c), cr. (4) (cm), am. (5) (b) 1., am. (6) (a) 4., r. (6) (a) 5., 9., renum. (8) (a) to (8), r. (8) (b), (c), renum. (10) (a) 1. to (10) (a) and am., r. (10) (a) 2., 3., am. (10) (b), (c), (11) (b), (c), (12), r. (13) Register September 2025 No. 837, eff. 10-1-25; correction in (5) (c) 3. a. made under s. 13.92 (4) (b) 7., Stats., Register September 2025 No. 837.

Wis. Admin. Code § VA 2.08 Veterans employment and entrepreneurship grants {#sec-va-2.08 omnilex-key=us-wi-regs-official--agency-va--VA 2.08}

(1) Authority and purpose. The purpose of this section is to establish rules for the implementation and administration of grants to assist veteran entrepreneurs, to give employers in this state incentives to hire veterans, especially disabled veterans, to improve veteran employment outcomes, and to help fund employment training for veterans, especially disabled veterans, as authorized under s. 45.437, Stats.

(2) Applicability. This section applies to grants awarded under s. 45.437, Stats.

(3) Definitions. In this section, the following terms have the designated meanings:

(a) “Applicant” means an employer or nonprofit organization located in this state that applies for a grant to improve employment outcomes for veterans living in this state.

(b) “Certification request” means a form approved by the department used to verify the employee is a veteran and a resident of this state in accordance with ss. 45.01 (12) and 45.02, Stats., and has a service-connected disability rating of at least 50 percent, under 38 USC 1114 or 1134.

(d) “Disabled veteran” means a veteran who is verified by the department to have a service-connected disability rating of at least 50 percent under 38 USC 1114 or 1134.

(e) “Employee” means a person who is hired for a wage, salary, fee, or payment to perform work for an employer.

(f) “Employer” means a person or organization located in the state that employs people, but does not include local, state, and federal government agencies.

(fe) “Entrepreneur” means an individual who organizes, manages, and assumes the risks of a business, enterprise, or non-profit organization.

(g) “Evaluation committee” means a committee established to evaluate applications made under sub. (5) that is comprised of at least one member of the board of veterans affairs and other individuals appointed by the department.

(h) “Full-time job” means a regular, nonseasonal, full-time position in which an individual, as a condition of employment, is required to work at least 2,080 hours per year, including paid leave and holidays.

(i) “Grant” means an agreement between the department and the grantee where the department provides funds from the appropriation under s. 20.485 (2) (qm), Stats., for the purposes specified in s. 45.437, Stats.

(j) “Grantee” means an employer or nonprofit organization receiving a grant from the department.

(k) “Grant participant” means a person who meets the requirements of s. 45.01 (12), Stats., and receives services under sub. (5).

(L) “Nonprofit organization” means an organization described in section 501 (c) (3) or 501 (c) (6) of the Internal Revenue Code that is exempt from federal income tax under section 501 (a) of the Internal Revenue Code.

(m) “Part-time job” means a regular, nonseasonal, part-time position in which an individual, as a condition of employment, is required to work fewer than 2,080 hours per year, including paid leave and holidays.

(mg) “Program” means the veterans employment and transition support grant program.

(mr) “Transitioning service member” means an individual who is separating or has separated from the U.S. armed forces to return to civilian life.

(n) “Underserved geographic areas of the state” means rural communities.

(o) “Underserved veteran populations” means minority groups, women, low-income, or veterans with disabilities.

(4) Veterans employment grants.

(a) From the appropriation under s. 20.485 (2) (qm), Stats., the department may award a grant in any of the following amounts to any employer who hires a disabled veteran to work at a business in this state:

For each disabled veteran the employer employs for 12 consecutive months to work a full-time job at the employer’s business in this state, $2,500 following the first 6 months of employment, and $2,500 following the second 6 months of employment.
Subject to par. (d), for each disabled veteran the employer employs for 12 consecutive months to work a part-time job at the employer’s business in this state, $1,250 following the first 6 months of employment, and $1,250 following the second 6 months of employment.

(b)

A grant application shall be submitted, manually or electronically, directly to the department on a form approved by the department.
The application shall specify employer and employee contact information and verification of employee employment status.
The department may request additional verification of any information provided in the application.
A certification request shall be submitted with the application. The certification shall be used to verify the employee is a veteran and a resident of this state in accordance with ss. 45.01 (12) and 45.02, Stats., and has a service-connected disability rating of at least 50 percent, under 38 USC 1114 or 1134.

(c) The department may not pay a grant to an applicant if the veteran voluntarily or involuntarily terminates employment with the applicant.

(d) The department shall determine the amount of the grant under sub. (4) (a) as follows:

Divide the number of hours that the disabled veteran worked for the applicant for 6 consecutive months of employment by 1040, or for 12 consecutive months of employment by 2,080.
Multiply the number determined under subd. 1. by $1,250 for 6 consecutive months of employment or $2,500 for 12 consecutive months of employment.

(5) Veterans entrepreneurship grants.

(a) Eligible applicant. A nonprofit organization is eligible to receive a grant under this subsection when the organization meets all of the following conditions:

It provides entrepreneurship training, technical or business assistance, financial assistance, or other assistance to Wisconsin veteran entrepreneurs to improve employment outcomes.
It is registered and in good standing with the Wisconsin department of financial institutions.

(b) Competitive solicitation of grant proposals. The department shall ensure that it conducts all solicitations of grant proposals in a fair and competitive manner.

The department shall provide reasonable public notice of all solicitations by the department for proposals for the award of grants by the department under s. 45.437, Stats.
Notice may be made through print, broadcast, or telecommunications media, including the Internet, at the discretion of the department.
The notice shall include the purpose of the grants and the selection criteria, application procedures, and all applicable solicitation deadlines that an applicant is required to meet, or shall contain instructions for obtaining this information.

(d) Grant application requirements. A representative of the applicant having authority to act for the applicant shall sign the application, ensure that it is complete, and submit it by the deadline. Applications shall include all of the following:

Application on a form or online portal approved by the department.

Note: The application may be obtained at WisVets.com or by request from the Wisconsin Department of Veterans Affairs, PO Box 7843, Madison, WI 53707-7843, or 800-WIS-VETS (800-947-8387).

Proof of nonprofit status as an organization registered under section 501(c)(3) or 501(c)(6) of the Internal Revenue Code.
A cover letter that includes a summary of the grant proposal, the amount requested, and a proposed detailed budget and justification for the expenditures proposed in the application.
A description of the entrepreneurship training, technical, business, or financial assistance, or other entrepreneurship assistance that it provides to veterans.
Information that demonstrates that the applicant has achieved all of the following required program goals during the previous year:

a. Expansion of entrepreneur opportunities for veterans by providing services that may include entrepreneurship training, technical and business assistance, financial assistance, or other entrepreneurship services to veterans.

b. Increase of collaboration with other agencies to strengthen the delivery of programs, resources, and services to veteran entrepreneurs.

c. Expansion of outreach to underserved geographic areas of the state and underserved veteran populations.

(e) Evaluation of grant applications. The evaluation committee shall evaluate grant applications submitted under this subsection against selection criteria. The department shall develop criteria to evaluate applicants with regard to all of the following rating categories:

The applicant’s background and organizational history.
The applicant’s organizational qualifications and past performance.
The applicant’s experience working with veterans.
The applicant’s outreach and referral plan.
The applicant’s program implementation timeline.
The applicant’s monitoring and program evaluation.
The applicant’s program goals and objectives.

(f) Notification of award or denial of grant. The department shall notify each applicant in writing of its decision to award or not award a grant in accordance with the public notice under this subsection.

(g) Grant awards. The department shall award grants to the applicants with the highest numerical scores determined under the criteria developed under par. (e) as funds are available.

(i) Amount of grants. The amount of each grant will be based on the amount requested and the amount approved by the evaluation committee. The grant award may not exceed the amount requested.

(j) Restrictions.

‘Prohibited use of funds.’

ae. Grant funds shall be used only for the payment or reimbursement of reasonable and appropriate expenses assignable to the approved purposes of the grant. Any other use of grant funds is prohibited.

b. A grantee agrees that no grant-appropriated funds will be paid to any person for influencing or attempting to influence an officer or employee of any agency, any member of the Wisconsin legislature, or an employee of a member of the legislature in connection with the awarding of any state contract, the making of any state grant, the making of any state loan, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any state contract, grant, loan, or cooperative agreement.

c. A grantee may not use grant funds to make loans or for repayment of loans or mortgages.

d. A grantee may not charge interest or otherwise financially profit from funds awarded under this section.

f. A grantee shall comply with any other restrictions as determined by the department.

‘Violation of prohibited use of funds.’ If a grantee uses grant funds for prohibited activities under subd. 1., the department may terminate the grant and recover funds previously paid to the grantee for that funding period on a recoupment schedule specified by the department. The department may disqualify the nonprofit from eligibility in the future to apply for subsequent grants provided by the department.
‘Record keeping.’ A grantee shall maintain grant records for at least 6 years and shall provide information to the department as required by the department for the purposes of program or fiscal audits and, at the request of the department, shall appear before the department to respond to any questions about the grant and use of grant funds.

(k) Eligibility and certification. A grantee shall verify eligibility of each grant participant. Only eligible grant participants shall receive services funded by a grant awarded under this subsection.

(L) Reporting requirements. A grantee receiving a grant under this subsection shall submit to the department data and information specified in the terms and conditions and any other information requested by the department.

‘Compliance statement.’ Before the department releases grant funds, the grantee shall provide a statement that it is in compliance with applicable state and federal laws, rules, and regulations, including tax laws, the requirements of this section, and the grant award.
‘Nondiscrimination and equal opportunity.’ In accordance with s. 16.765, Stats., the grantee shall follow all state and federal anti-discrimination laws and equal employment opportunity practices in the administration and delivery of program services to eligible applicants.

(6) Veterans employment and transition support grant program.

(a) Purpose. The purpose of the program is to award grants to nonprofit organizations that develop and maintain a peer network of mentors to connect transitioning service members with employment opportunities.

(b) Public notice.

The department shall provide reasonable public notice of solicitations of grants awarded under this subsection to enable any eligible applicant to submit an application throughout the fiscal year subject to the availability of funds.
The department may communicate the public notice through print, broadcast, telecommunications media, or the Internet.
The notice shall include the purpose of the grant solicitation, eligibility criteria, application requirements and procedures, and any applicable deadlines that an applicant is required to meet or shall contain instructions for obtaining this information.

(c) Eligible applicant. A nonprofit organization is eligible to apply for grant funds under this subsection if it meets all of the following conditions:

It has a signed memorandum of agreement with the regional Veterans Integrated Services Network for the purpose of assisting service members throughout the transition process from military through civilian life.
It is a Wisconsin nonprofit organization that currently serves Wisconsin veterans.
It is registered and in good standing with the Wisconsin department of financial institutions.
It has been in existence for a minimum of 5 consecutive years preceding the application.
It is current on any reporting requirements for previously received grants awarded by the department.

(d) Grant application requirements. An application shall be submitted to the department via a department-approved form or the online grant portal and include all of the following:

A complete application signed by a representative having authority to act for the applicant.

Note: The application form may be obtained at WisVets.com or by request from the Wisconsin Department of Veterans Affairs, P.O. Box 7843, Madison, WI 53707-7843, or 800-WIS-VETS (800-947-8387).

A grant request cover letter that includes a summary of the grant proposal and the amount of grant funds requested.
Proof of the organization’s nonprofit status.
A certificate of status from the Wisconsin department of financial institutions.

Note: A Certificate of Status may be obtained from the Department of Financial Institutions at https://apps.dfi.wi.gov/apps/ccs.

A copy of the signed memorandum of agreement with the regional Veterans Integrated Services Network as required under par. (c) 1.
A description of the organization that includes the following information:

a. A summary of the services provided to service members and veterans.

c. A statement that demonstrates the organization’s experience with or how it proposes to recruit and maintain a network of trained and certified veteran peer mentors.

d. A statement that demonstrates the organization’s experience with or how it proposes to connect veterans with relevant employment opportunities proportionate to the transitioning service member’s level of skill, training, education, and experience attained through military service and personal development.

An income statement and balance sheet for the most recent fiscal year.
A detailed budget that specifies the intended use of the grant funds over the grant period.
A statement attesting to all of the following conditions if awarded a grant:

a. The organization is compliant with applicable state and federal laws, rules, and regulations, including tax laws, and the requirements of this subsection.

b. In accordance with s. 16.765, Stats., the non-profit will follow all state and federal anti-discrimination laws and equal employment opportunity practices in the administration and delivery of program services to veterans and their dependents served by grant funds awarded to the nonprofit.

Any other relevant information required by the department.

(e) Grant awards.

The department shall award grants as funds are available.
The number of grants awarded during any fiscal year shall be determined by the department.
The grant application shall list the terms and conditions to which the grant award is subject. The application shall be complete, true, and accurate, and shall be signed by a representative having authority to act for the applicant, who shall agree to be bound by those terms and conditions.

(f) Amount of grants.

The department may allocate grant funds subject to the availability of funds under s. 20.485 (2) (qm), Stats.
The amount of each grant shall be determined by the department based on the amount requested but may not exceed the amount requested and may not exceed $20,000 per applicant during any fiscal year.

(g) Prohibited use of funds.

Grant funds shall only be used for the payment or reimbursement of reasonable and appropriate expenses that relate to improving employment outcomes. Reasonable and appropriate expenses are solely expenses that are consistent with the approved purposes of the grant as determined by the department. Any other use of grant funds is prohibited.
Grant funds awarded under this subsection shall only be used to provide services relating to a transitioning service member.
Grant funds may not be used to purchase capital equipment.
Grant funds may not be used to pay any person for influencing or attempting to influence an officer or employee of any agency, any member of the Wisconsin legislature, or an employee of a member of the legislature in connection with the awarding of any state contract, the making of any state grant, the making of any state loan, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any state contract, grant, loan, or cooperative agreement.
A grantee may not charge interest or otherwise financially profit from grant funds awarded under this subsection.
If a grantee uses grant funds for prohibited activities, the department may terminate the grant and recover funds previously paid to the grantee for that funding period on a recoupment schedule specified by the department. The department may also make the nonprofit ineligible to apply for subsequent grants provided by the department.

(h) Reporting requirements. A grantee shall submit to the department data and information specified in the grant application terms and conditions and any other information requested by the department.

(i) Record keeping.

A grantee shall maintain grant records for at least 6 years and shall provide required information to the department upon request.
The department may audit a grantee’s records to ensure compliance with applicable grant requirements in accordance with s. 45.47, Stats.

History

CR 17-003: cram. Register March 2018 No. 747, eff. 4-1-17; correction in (3) (b), (g), (k), (L), (o), (4) (b), (5) (a) 3., (d) 2., 7., made under s. 35.17, Stats., and (4) (b) (title) deleted under s. 13.92 (4) (b) 2., Stats., Register March 2018 No. 747; CR 21-012: am. (3) (intro.), (b), r. (3) (c), am. (3) (g), cr. (3) (gm), am. (3) (h), (i), (L), (m), r. (3) (p), renum. (4) (b) to (4) (b) 1. and am., am. (4) (c), (d) 1., (5) (a) 3., renum. (5) (c) to (5) (c) 1. and am., am. (5) (d) 1., 5., cr. (5) (d) 9., 10., renum. (5) (g) to (5) (g) 1. and am., am. (5) (i), renum. (5) (j) 1. a. to (5) (j) 1. ae. and am., cr. (5) (j) 1. c. to f., am. (5) (j) 2., (k), renum. (5) (L) (intro.) to (5) (L) and am., r. (5) (L) 1. to 4., am. (5) (m) 3. Register September 2021 No. 789, eff. 10-1-21; (3) (fe) renumbered from (1r) (kg) under s. 13.92 (4) (b) 1., Stats., and correction in (3) (g) made under s. 35.17, Stats., Register September 2021 No. 789; EmR2201: cr. (3) (c), (km), (mm), (p) to (r), (6), eff. 1-21-22; CR 22-042: am. (1), cr. (3) (mg), (mr), (6) Register April 2023 No. 808, eff. 5-1-23; correction in (6) (d) 6. made under s. 13.92 (4) (b) 7., Stats., Register May 2023 No. 809; CR 25-011: am. (3) (intro.), r. (3) (gm), am. (5) (a) 1., r. (5) (a) 2., 3., am. (5) (d) 1., 3., r. (5) (d) 5. to 7., 9., 10., (e) 4., 9., renum. (5) (g) 1. to (5) (g), r. (5) (g) 2., 3., (h), (j) 1. am., as., am. (5) (j) 1. b., r. (5) (j) 1. e., am. (5) (j) 2., 3. (L), r. (5) (m), am. (6) (c) 1., 2., r. (6) (c) 3., 4., am. (6) (d) (intro.), 1., cons. (6) (d) 2. and 3. and renumber to (6) (d) 2. and am., r. (6) (d) 7. b., am. (6) (d) 9., renum. (6) (d) 10. to (6) (d) 10. (intro.) and am., cr. (6) (d) 10. b., r. (6) (d) 11., am. (6) (e) 3., (f) 1., am. (6) (g) 2., r. (6) (g) 3., am. (6) (g) 4., r. (6) (g) 7., am. (6) (g) 8., (h), r. (6) (j) Register September 2025 No. 837, eff. 10-1-25; correction in (5) (j) 2. made under s. 13.92 (4) (b) 7., Stats., Register September 2025 No. 837.

Chapter VA 5 WISCONSIN VETERANS MUSEUM

Wis. Admin. Code § VA 5.01 Objective {#sec-va-5.01 omnilex-key=us-wi-regs-official--agency-va--VA 5.01}

The department shall maintain a museum designated as the Wisconsin veterans museum and dedicated to the soldiers and sailors who served in Wisconsin commands in the Civil War of 1861 to 1865 and persons from Wisconsin who served in the U.S. armed forces in any subsequent wars. The department shall use the museum to provide a suitable place for the collection, care, management and display of the battle flags of Wisconsin units in the Civil War and the Spanish American War and the war relics, books and mementos of the memorial collection of the Wisconsin veterans museum.

History

Cr. Register, March, 1965, No. 111, eff. 4-1-65; am. Register, April, 1986, No. 364, eff. 5-1-86; am. Register, January, 1990, No. 409, eff. 2-1-90; am. Register, June, 1992, No. 438, eff. 7-1-92.

Wis. Admin. Code § VA 5.02 Primary field {#sec-va-5.02 omnilex-key=us-wi-regs-official--agency-va--VA 5.02}

If space for display covering the Civil War and any subsequent wars shall be inadequate, the primary field of the memorial collection shall be the Civil War and the Spanish American War, and all materials in the memorial collection not related to such wars or in duplication of materials in the collection related to such wars may be made available on loan to the museum at the Wisconsin veterans home for veterans at King, or to other public museums.

History

Cr. Register, March, 1965, No. 111, eff. 4-1-65; r. and recr. Register, April, 1986, No. 364, eff. 5-1-86.

Wis. Admin. Code § VA 5.03 Director, duties and responsibilities {#sec-va-5.03 omnilex-key=us-wi-regs-official--agency-va--VA 5.03}

The director under the direction of the secretary shall operate and conduct the Wisconsin veterans museum pursuant to Wisconsin Statutes. The director shall:

(1) Have charge and custody of the battle flags of Wisconsin Units in the Civil War and the Spanish American War and the war relics, books and mementos of the memorial collection of the Wisconsin veterans museum.

(2) Identify and prepare and maintain a current catalog of all articles in the memorial collection and all acquisitions thereto.

(3) Restore, preserve and safeguard all articles in the memorial collection. The director may not sell, mortgage, transfer or dispose of in any manner or remove from the museum, except for temporary purposes, any articles which are a part of the memorial collection, except that, upon the recommendation of the secretary, any duplicate articles or articles outside the field of the memorial collection may be sold or exchanged for the purpose of procuring additional materials for display.

(4) Procure by loan, gift, exchange or purchase additions to the memorial collection as may be necessary in order to develop a representative museum collection depicting and commemorating the service of Wisconsin men and women in the nation’s wars.

(5) Display the memorial collection so as to make it instructive and attractive to visitors.

(6) Permit research to be conducted upon any materials in the memorial collection, whether on display or in storage, which is consistent with the preservation and safeguarding of such materials.

(7) Permit visitors to the museum to view the exhibits and displays of the memorial collection and provide information regarding the historical significance of the military service and the events they depict.

(8) Take such steps as may be necessary to protect visitors and the memorial collection from persons who would interfere with the peaceful enjoyment of the museum and the memorial collection including their ejectment.

(9) Protect the memorial collection from theft or vandalism and report promptly to the secretary and the police any evidence of theft or vandalism.

(10) Keep records on all matters affecting the museum and the memorial collection, including acquisitions, articles borrowed or loaned for research or display, and visitors to the museum.

(11) Prepare an annual report on the operation of the museum and make such other reports as the secretary may require.

History

Cr. Register, March, 1965, No. 111, eff. 4-1-65; am. (1), (5), (11) and (12), Register, October, 1967, No. 142, eff. 11-1-67; r. and recr. Register, April, 1986, No. 364, eff. 5-1-86; am. (5) and (9), Register, January, 1990, No. 409, eff. 2-1-90; am. (intro.), (1), (3), (7), (8), (10) and (11), Register, June, 1992, No. 438, eff. 7-1-92; am. (intro.), (3) and (7), Register, August, 1993, No. 452, eff. 9-1-93; 2013 Wis. Act 189: am. (intro.), (3), (11) Register April 2014 No. 700, eff. 5-1-14.

Chapter VA 6 WISCONSIN VETERANS HOMES

Wis. Admin. Code § VA 6.01 Admission and care of members {#sec-va-6.01 omnilex-key=us-wi-regs-official--agency-va--VA 6.01}

(1) Objective. The department or its designated contractor under s. 45.50 (2m) (c), Stats., shall maintain and operate the Wisconsin veterans homes and shall admit as members eligible veterans; their eligible spouses, surviving spouses, and parents; and eligible parents of any child who died while serving in the armed forces of the United States. The department or its designated contractor shall provide directly to all members, or ensure that all members receive, personal maintenance and medical and nursing care, including programs and facilities which promote comfort, recreation, well-being, and rehabilitation. The department shall be the payer of last resort for the personal maintenance care, medical and nursing care, programs, and facilities provided under this subsection and subs. (11) and (12) that are not paid for by the designated contractor or 3rd parties.

(2) Application.

(a) Except as provided in par. (b), no person may be admitted to a home unless the person has submitted an application on forms furnished by the home and the application has been approved by the commandant. Each question shall be fully and accurately answered and the completed application shall be properly executed. An applicant shall authorize the department to conduct a background check of his or her criminal record. Upon admission of the applicant as a member, the completed application shall be a valid and binding contract by and between the member and the home.

(b) A person may be admitted into a home on a conditional basis pending the completion of the processing of his or her application.

(3) Documents required.

(a) For the purpose of proving eligibility under s. 45.51 (2), Stats., the applicant shall provide all of the following documents with the application:

A complete financial statement of the applicant.
A physician’s report of physical examination.
An original or a certified or verifiable copy of each report of separation or discharge of the applicant or the veteran upon whose eligibility the applicant is relying for all periods of active service in the armed forces of the United States.

(b) All documents required under par. (a), other than originals or certified or verifiable copies of reports of separation, shall be required of an applicant who applies for readmission to a home more than 60 days after discharge from the home. Updates of documents required under par. (a) may be requested from an applicant who applies for readmission within 60 days of discharge.

(4) Spouse. In addition to the documents required under sub. (3), an applicant who is a spouse of a veteran shall furnish a certified copy of his or her certificate of marriage to the veteran or any other verifiable evidence of marriage that is acceptable to the department.

(5) Surviving spouse. In addition to the documents required under subs. (3) and (4), an applicant who is a surviving spouse of a veteran shall furnish a certified or verifiable copy of the veteran’s death certificate.

(6) Parent. In addition to the information required under sub. (3), an applicant who is a parent of a veteran or of a child who died while serving in the armed forces of the United States shall furnish a certified or verifiable copy of the public record of birth of the veteran or child through whom eligibility is claimed and a certified or verifiable copy of the veteran’s or the child’s death certificate.

(7) Eligibility, determination. If the applicant or the county veterans service officer assisting the applicant with the application requests a review of a determination of ineligibility, the matter shall be referred to the secretary for review.

(8) Readmission. A former member may be readmitted to a home only if he or she submits a new application with the documents required under sub. (3) (b) and the application is approved by the commandant on the basis of the commandant’s determination that the home is able to provide appropriate care for the applicant. A former member who was given an undesirable or dishonorable discharge may be readmitted only if the commandant is satisfied that the conduct leading to the discharge will not be repeated. The commandant may also require that an applicant for readmission shall have paid all moneys which the applicant owed to the home.

(9) Dependents of members. Nonmember dependents of members may not be quartered or maintained at a home, except under the policy for guests established by the commandant.

(10) Quarters, assignment. Assignment of quarters to members shall be based on the availability of space appropriate to the members’ needs.

(11) Personal maintenance. The department or its designated contractor under s. 45.50 (2m) (c), Stats., shall provide directly to all members, or shall ensure as payer of last resort that all members receive, items for personal maintenance as their needs may require. These items shall include clothing, toiletries, and necessary aids to good grooming, including barber and beautician services.

(12) Medical and nursing care. The department or its designated contractor under s. 45.50 (2m) (c), Stats., shall provide directly to all members, or shall ensure as payer of last resort that all members receive, medical and nursing care as their needs may require. Medical and nursing care includes physician’s services, hospitalization, medications, special diets, dental care including dental prosthesis, eye glasses, braces, hearing aid batteries and repairs, and ancillary medical care services.

(15) Admission, denial, or deferral. Notwithstanding sub. (1), the department may defer or deny an applicant’s admission to a home when the commandant determines that the home is unable to provide appropriate care to the applicant.

(16) Charges for care and maintenance. Charges for care and maintenance shall be computed every January for the various categories of care provided by a home. The computations shall be based upon the estimated costs of care to be incurred by the home for the succeeding annual period. The department may update charges in July to reflect changes in costs during the year. Charges shall be made for actual care and maintenance provided to a member.

(17) Definition — “published”. For the purposes of this chapter, “published” means printing of regulations, making them available to members, employees, and visitors, and posting them on a bulletin board in a public place on the grounds of a home.

History

Cr. Register, March, 1965, No. 111, eff. 4-1-65; am. (3), (6), (7), (9), (13), Register, October, 1967, No. 142, eff. 11-1-67; am. (3), Register, June, 1970, No. 174, eff. 7-1-70; am. (3), and (13), cr. (15) and (16), Register, August, 1972, No. 200, eff. 9-1-72; am. (1) through (7) and (13), r. (15), Register, July, 1976, No. 247, eff. 8-1-76; am. (11), Register, January, 1984, No. 337, eff. 2-1-84; am. (3), (9), (10), (11), (13) and (16), cr. (17), Register, April, 1986, No. 364, eff. 5-1-86; r. and recr. (8), cr. (15), Register, February, 1989, No. 398, eff. 3-1-89; am. (16), Register, September, 1990, No. 417, eff. 10-1-90; am. (1), (3), (8), (12), (15) and (16), r. (13) and (14), Register, June, 1992, No. 438, eff. 7-1-92; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register, July, 2000, No. 535; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register April 2003 No. 568; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687; 2013 Wis. Act 189: am. (1), (2) renum. to (2) (a) and am., cr. (2) (b), am. (3) (title), renum. (3) to (3) (a) (intro.), 1. to 3., (b), am. (4) to (6), (8), (9), (11), (12), (15) to (17) Register April 2014 No. 700, eff. 5-1-14; correction in (15) (title) Register October 2019 No. 766.

Wis. Admin. Code § VA 6.02 Duties and responsibilities of the commandant {#sec-va-6.02 omnilex-key=us-wi-regs-official--agency-va--VA 6.02}

The commandant of a veterans home, under the direction of the secretary, shall operate the home pursuant to Wisconsin Statutes and in accordance with policies established by the department. The commandant shall:

(1) Coordinate a program of medical and nursing care for all members of the home as their needs may require.

(2) Keep a record of each member of the home which will include information establishing eligibility for admission, date of admission, personal and financial data, and period of membership.

(3) Have charge and custody of the home including all property appertaining thereto or within the boundaries thereof, and may take such reasonable steps as may be necessary to safeguard such property including examination of vehicles, baggage, parcels or any property leaving the home.

(4) Employ such persons as may be necessary and authorized to carry out the functions of the home.

(5) Designate as deputies such employees as may be necessary to assist in enforcing upon the grounds of the home the laws of the state of Wisconsin and the rules and regulations governing the home, and for such purposes, the commandant and the deputies shall have all the powers of constables.

(6) Establish a work therapy program at the home and permit as many members as possible to participate in this program. Participation in the program shall be voluntary and participating members may work as many hours as they desire up to a maximum of 5 hours per day.

(7) Prepare the home’s biennial budget requests so as to permit the home to meet applicable standards established by state regulatory agencies and present such budget request to the secretary.

(8) Supervise all funds of the home and see that proper records are kept, maintain internal fiscal control, account for all funds received and disbursed, and take all necessary steps to recover any property or funds transferred, assigned or withheld contrary to law.

(9) Prepare an annual report covering operations of the home as soon as practicable after the close of each fiscal year.

(10) Provide a surety bond at the expense of the home in an amount sufficient to cover the commandant’s financial responsibility and be adequately bonded for responsibilities as legal guardian of members and administrator of the estates of deceased members.

(11) Safeguard all records of the home and maintain the confidential nature of medical and personal information regarding employees and members pursuant to s. 45.04, Stats., and s. VA 1.10.

(13) Submit other reports and attend other meetings upon the request of the secretary.

(14) Authorize emergency first aid medical service to a person not connected with the home only when transportation to a local doctor or hospital would, in the opinion of the home medical director, endanger the life of the person.

(15) Establish and publish rules for the regulation of employee conduct.

History

Cr. Register, March, 1965, No. 111, eff. 4-1-65; am. (1), (8), (12), (13), Register, October, 1967, No. 142, eff. 11-1-67; r. and recr. (7), Register, August, 1972, No. 200, eff. 9-1-72; r. and recr. Register, April, 1986, No. 364, eff. 5-1-86; am. (1), (6) and (7), Register, June, 1992, No. 438, eff. 7-1-92; correction in (11) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687; 2013 Wis. Act 189: am. (intro.), r. (12) Register April 2014 No. 700, eff. 5-1-14.

Wis. Admin. Code § VA 6.03 Traffic and conduct on home property {#sec-va-6.03 omnilex-key=us-wi-regs-official--agency-va--VA 6.03}

(1) Driver’s license required. No person may operate any motor vehicle on any roadway or driveway or in any parking lot of a home unless the person holds a valid and current operator’s license or unless he or she is exempt from the requirement that an operator’s license be held in order to operate a motor vehicle on the highways of this state. No person may operate a motor vehicle, other than an authorized maintenance motor vehicle, anywhere on the grounds of a home except on a roadway or driveway or in a parking lot. Members using power wheelchairs are exempt from the requirements of this subsection.

(2) Vehicle license required. No person may operate any motor vehicle on any roadway or driveway or in any parking lot of a home unless the vehicle has been properly registered or unless it is exempt from the requirement that the vehicle be registered in order that it may be operated on the highways of this state. Members using power wheelchairs are exempt from the requirements of this subsection.

(4) Dumping prohibited. The dumping of any waste, trash, debris, or other rubbish on the grounds of a home or along any lakeshore on or abutting the grounds of a home is prohibited, except in disposal areas designated by the commandant or elsewhere as may be specifically designated by the commandant.

(5) Removing property prohibited. The removal of any shrubs, trees, plants, wood, rocks, earth, or other natural products or materials from the grounds of a home is prohibited except as may be authorized by the commandant.

(6) Wildlife molestation prohibited. The removal, destruction, or molestation of any wildlife within the boundaries of the grounds of a home is prohibited except as may be authorized by the commandant.

(7) Damaging property prohibited. The defacing of, damage to, or wanton destruction of any structures, buildings, improvements, shrubs, trees, or plants on the grounds of a home is prohibited.

(8) Intoxication prohibited. Any person who is found in an intoxicated condition on the grounds of a home may be subject to arrest and prosecution.

(9) Canvassing, peddling, and soliciting. Canvassing, peddling, or soliciting is prohibited on the grounds or in the buildings of a home, except that the commandant may authorize home posts and chapters of veterans organizations and their auxiliaries to conduct fundraising activities at designated times and places, and to solicit membership. A commandant of a home may authorize and establish conditions for solicitations at the home by other charitable organizations.

(10) Lakeshore use. Except as specifically authorized by the commandant of a home, use of the lakeshore, beaches, piers, or boating and swimming facilities on or abutting the grounds of the home by persons other than members and employees or guests of members or employees is prohibited. Use of such facilities shall be at the risk of the individuals using them and shall be limited to daylight hours.

(11) Camping and picnicking. Camping on the grounds of a home is prohibited. Picnicking may be authorized by the commandant of a home on the home’s grounds in areas specifically designated by the commandant as picnic grounds. The commandant shall establish rules governing permitted picnic hours, the disposal of garbage and other refuse, and any other matters that the commandant determines to be necessary.

(12) Firearms. The carrying or use of firearms within the limits of a home, except by firing squads or for police or military purposes, is prohibited unless authorized by the commandant of the home.

(13) Penalty. The penalty for violating the rules and regulations contained in this section shall be as provided in s. 946.73, Stats., and in addition to such penalty violators will be held responsible for damages.

History

Cr. Register, March, 1965, No. 111, eff. 4-1-65; am. (1), (2), (4), (8) to (11), r. (3), Register, April, 1986, No. 364, eff. 5-1-86; am. (10), Register, June, 1992, No. 438, eff. 7-1-92; 2013 Wis. Act 189: am. (1), (4) to (12) Register April 2014 No. 700, eff. 5-1-14.

Wis. Admin. Code § VA 6.04 Conduct and responsibilities of members {#sec-va-6.04 omnilex-key=us-wi-regs-official--agency-va--VA 6.04}

(1) Rules and regulations. Members of a home shall obey all rules of the home and all rules and regulations prescribed by the commandant of the home.

(5) Administration of members’ personal finances. Members of a home shall be permitted to receive, disburse, and manage their personal finances as long as they are capable of doing so. Upon determination by the medical staff that a member is unable to manage funds wisely, the commandant of the home shall automatically assume control over the member’s funds and prepare a letter setting forth the determination and assumption of control, a copy of which shall be mailed to any relatives concerned and to the secretary of the department. Immediately upon assumption of control over a member’s funds by the commandant, they shall be deposited in a personal account in the administrative office of the home, and withdrawals from the account shall be confirmed by the commandant or the commandant’s designee. Relatives and friends of members whose funds are under the control of the commandant may not be permitted to receive or disburse these members’ funds or exercise control over their funds unless specifically authorized by appropriate court order.

(7) Joint accounts prohibited. Joint accounts may not be held by members with any other person or persons.

(8) Borrowing prohibited. A member shall not borrow from nor loan money to another member.

(9) Disposal of clothing prohibited. A member of a home may not sell, give away, throw away, or destroy clothing issued by the home.

(10) Alcoholic beverages prohibited. Members of a home may not bring any alcoholic beverages onto the grounds of the home or keep alcoholic beverages in their quarters.

(11) Physical examination. All members shall submit to periodic physical examinations and to such treatment as may from time to time be required.

(12) Personal cleanliness. Cleanliness of person and dress is required of members at all times.

(13) Cleanliness of quarters. Clothing, beds, quarters, dormitories and cottages shall be kept in a neat and clean condition, and all members’ quarters shall be available for inspection during periods when formal inspections or fire drills are scheduled.

(14) Gift of property by a member. A gift of property by a member of a home shall be invalid unless physical possession of the property is transferred to the donee at the time the gift is made and the property is removed from the premises of the home before the death of the member. A gift of property by a member during the member’s lifetime with the understanding that the member may retain physical possession of the property until the member’s death or a gift of property which is to take effect upon the death of the member donor is invalid.

(15) Loan of property to member. Property loaned to a member of a home by a nonmember shall be declared to be loaned property at the time its possession is transferred to the member. The nonmember loaning the property to the member shall at the time of the loan file a sales slip, invoice, or other evidence of ownership with the office of the home and shall affix an identifying tag to the loaned property. The tag shall remain affixed to the property during the term of the member’s stay at the home. Any property not so identified shall become the property of the member upon death, and shall be distributed to the state.

History

Cr. Register, March, 1965, No. 111, eff. 4-1-65; am. (4), r. (5), Register, December, 1965, No. 120, eff. 1-1-66; am. (3), Register, October 1967, No. 142, eff. 11-1-67; am. (3) and cr. (5), Register, June, 1970. No. 174 eff. 7-1-70; r. (6), Register, August, 1972, No. 200, eff. 9-1-72; am. (3), (5), (13) and (14), r. (16) and (17), Register, April, 1986, No. 364, eff. 5-1-86; r. (2) to (4), Register, June, 1992, No. 438, eff. 7-1-92; corrections in (15) made under s. 13.93 (2m) (b) 5., Stats., Register, January, 1995, No. 469; 2013 Wis. Act 189: am. (1), (5), (9), (10), (14), (15) Register April 2014 Register No. 700, eff. 5-1-14.

Wis. Admin. Code § VA 6.05 Discipline, discharges, and leaves of absence {#sec-va-6.05 omnilex-key=us-wi-regs-official--agency-va--VA 6.05}

(1) Disciplinary procedure for serious offenses. Each home shall maintain a complete record of each offense by a member of the home for which the member could be given a dishonorable discharge under sub. (7), showing the name of the offender, date and place of the offense, and the nature of the offense. Each member charged with such an offense shall be furnished with a copy of the charge or charges placed against the member. No member may be given a dishonorable discharge or disciplined in any way for the offense without a hearing before the commandant of the home at a time and place to be fixed by the commandant. Each member charged with an offense shall be furnished with a copy of the charge or charges placed against the member. A summary of evidence introduced and the findings and the decision of the commandant shall be filed in each case.

(2) Disciplinary orders, review, and appeal. A member found guilty by a commandant under sub. (1) of an offense may be dishonorably discharged, given an enforced leave of absence for a period not exceeding 60 days, restricted to the grounds of the home or designated parts of the grounds, or disciplined in any other manner as the commandant determines to be just and proper. Upon written application by the member involved within 10 days of issuance of a disciplinary order by the commandant, the secretary shall review any discharge, enforced leave of absence, restriction, or other disciplinary action ordered by the commandant and shall confirm, modify, or reverse the order. The member involved may, within 10 days of action by the secretary, file a request for a hearing under s. 227.42, Stats. If a request for hearing is filed, the disciplinary order involved shall be stayed pending the final decision by the department.

(3) Off-limits. The commandant of a home may prohibit any member of the home from entering any tavern or establishment in the vicinity of the home and may declare any such establishment off-limits to any member if such action is necessary for the maintenance of discipline and control.

(4) Grievance procedure. Any member of a home who has a grievance or complaint of any kind against the home or its management may present the grievance or complaint in writing to the commandant of the home. If the member is not satisfied with action by the commandant on the grievance or complaint, the member may refer the matter to the secretary, and the commandant shall promptly transmit the grievance or complaint together with a written report of investigation and action on the grievance or complaint to the secretary.

(5) Honorable discharge. A member of a home may receive an honorable discharge from membership at the home upon application, provided that he or she has paid all money due the home and has accounted for all property issued that is not suitable for reissue, that no disciplinary action has been currently imposed or is pending against the member, and that he or she is able to exercise sound judgment in planning and providing for his or her own physical welfare. When a member requires special living or travel facilities or is unable to exercise sound judgment in planning for his or her own physical welfare, the commandant of the home may refer the request for discharge to the county veterans service officer in the member’s home county for assistance and may delay granting an honorable discharge until proper facilities for his or her care and travel are assured.

(6) Undesirable discharge. A member of a home may be given an undesirable discharge if an obligation to the home is not paid within 60 days of the date of the member’s or personal representative’s receipt of a billing statement from the home or if the member leaves the home without satisfying the conditions for an honorable discharge.

(7) Dishonorable discharge. A member of a home may be given a dishonorable discharge for frequent or habitual intoxication; for willful disobedience of proper orders; for failure to maintain restrictions imposed as a disciplinary measure; for habitual use of profane, obscene, or abusive language; for the defacement of, damage to, or destruction of any structures, buildings, improvements, shrubs, trees, or plants on the grounds of the home; for unauthorized discharge of firearms within the limits of the home; for assault on another person; for theft; for committing any other crime; or for immoral or indecent conduct.

(8) Leaves of absence. Leaves of absence may be granted by the commandant of a home for a period of not to exceed 60 days during a calendar year, but may be extended by the secretary if circumstances warrant. Payments to the state, as required by s. 45.51 (7), Stats., shall continue during the period of absence. The home will not be responsible for any expense incurred by a member while absent from the home except for emergency medical expenses authorized by a home’s physician, provided notice is given to the home within 24 hours of the onset of the emergency. Quarters will not be reserved during any absence unless the absence is authorized by the commandant.

(9) Leaves of absence, medical. Leaves of absence from a home will be granted to veteran members while undergoing treatment in a veterans administration hospital or in another authorized hospital and to non-veteran members while in any hospital or sanatorium away from the home. This leave shall not be charged to the 60-day annual allowance.

History

Cr. Register, March, 1965, No. 111, eff. 4-1-75; am. (2), (4), (8), Register, October, 1967, No. 142, eff. 11-1-67; am. (1) to (6) and (9), Register, April, 1986, No. 364, eff. 5-1-86; am. (6), Register, June, 1992, No. 438, eff. 7-1-92; correction in (8) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687; 2013 Wis. Act 189: am. (1) to (9) Register April 2014 No. 700, eff. 5-1-14; correction in (title), (1) (title), (2) (title) made under s. 35.17, Stats., Register October 2019 No. 766.

Wis. Admin. Code § VA 6.06 Employee rules {#sec-va-6.06 omnilex-key=us-wi-regs-official--agency-va--VA 6.06}

(1) Rules and duties. Employees shall obey all rules prescribed by the commandant, and shall discharge such duties as may be assigned to them by or on the order of the commandant.

(2) Member treatment. In case of alleged neglect or ill treatment of a member by an employee other than the commandant, complaint shall be made in writing to the commandant. If against the commandant, the complaint shall be made in writing to the secretary.

(4) Financial dealings prohibited. Except as provided in s. VA 6.03 (9), no employee shall sell or solicit the sale of anything of value to a member or buy or solicit the purchase of anything of value from a member, or solicit, receive or agree to receive any compensation, gift, reward or gratuity from any member for any matter connected with or related to the duties of such employee, and no employee shall make any loan to or borrow from any member. An employee may, however, receive from a member a gift of food or handicraft having a nominal value, and may purchase handicraft items produced by members and make purchases from member employees at the home exchange.

History

Cr. Register, March, 1965, No. 111, eff. 4-1-65; am. (2) Register, October, 1967, No. 142, eff. 11-1-67; r. and recr. (5), and am. (6), Register, August, 1972, No. 200, eff. 9-1-72; r. (6), Register, September, 1990, No. 417, eff. 10-1-90; r. (3), Register, June, 1992, No. 438, eff. 7-1-92; 2013 Wis. Act 189: r. (5) Register April 2014 No. 700, eff. 5-1-14.

Chapter VA 7 GRANTS TO VETERANS ORGANIZATIONS

Wis. Admin. Code § VA 7.01 Definitions {#sec-va-7.01 omnilex-key=us-wi-regs-official--agency-va--VA 7.01}

In this chapter the following terms shall have the designated meanings:

(1) “State veterans organization” means a state of Wisconsin organization or department of a national veterans organization, which national organization is incorporated by an act of congress.

(2) “Regional office” means the United States department of veterans affairs regional office in Milwaukee, Wisconsin.

(3) “Moneys paid to employees” means salaries and travel expenses paid by“state veterans organizations” to employees engaged in veterans claims service and maintained by them at the “regional office”.

(4) “Grant” means a grant under s. 45.41, Stats., to a “state veterans organization”.

History

Cr. Register, March, 1965, No. 111, eff. 4-1-65; am. Register, eff. 9-1-93; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687.

Wis. Admin. Code § VA 7.02 Limitations {#sec-va-7.02 omnilex-key=us-wi-regs-official--agency-va--VA 7.02}

A grant will be made only to a state veterans organization and will be based solely upon moneys paid to employees by such state veterans organization. No state veterans organization shall receive a grant larger than the amount of moneys paid to employees by such state veterans organization.

History

Cr. Register, March, 1965, No. 111, eff. 4-1-65; am. Register, December, 1965, No. 120, eff. 1-1-66.

Wis. Admin. Code § VA 7.03 Eligibility {#sec-va-7.03 omnilex-key=us-wi-regs-official--agency-va--VA 7.03}

Only a state veterans organization which has by itself, or with the financial assistance of its national organization, maintained a full time service office at the regional office for at least 5 years during the 10-year period immediately next preceding its application may be eligible for a grant. In order to be eligible for a grant, a state veterans organization must submit with its initial application sufficient evidence to establish that it or its national organization has maintained a full time service office at the regional office without interruption for at least 5 years during the 10-year period immediately preceding such application. Subsequent applications for grants must be accompanied by affidavits by the adjutant or principal officer of the state veterans organization concerned stating that a full time service office has been maintained at the regional office for the entire year for which application for payment of the grant is made.

History

Cr. Register, March, 1965, No. 111, eff. 4-1-65; am. Register, December, 1965, No. 120, eff. 1-1-66; am. Register, June, 1970, No. 174. eff. 7-1-70.

Wis. Admin. Code § VA 7.04 Application {#sec-va-7.04 omnilex-key=us-wi-regs-official--agency-va--VA 7.04}

Applications by a state veterans organization shall be filed annually with the department for periods commencing on the 1st day of April in each year and ending on the 31st day of March of the year in which they are filed. An application shall consist of evidence of eligibility and of the following exhibits:

(1) A financial statement, including a report of all income and expenses of the state veterans organization, covering the last completed fiscal year of such state veterans organization.

(2) A statement of moneys paid to employees by such state veterans organization covering the year for which application for a grant is made, which statement must be certified as correct by a Wisconsin certified public accountant and sworn to as correct by the adjutant or principal officer of the state veterans organization.

(3) A report of the number of veterans’ claims processed by employees maintained at the regional office by the state veterans organization either solely or in combination with its national organization covering the year for which application for a grant is made.

History

Cr. Register, March, 1965, No. 111, eff. 4-1-65; am. Register, December, 1965, No. 120, eff. 1-1-66.

Wis. Admin. Code § VA 7.05 Administration {#sec-va-7.05 omnilex-key=us-wi-regs-official--agency-va--VA 7.05}

The provisions of this chapter shall be administered by the secretary, who shall determine the eligibility of a state veterans organization for a grant and the amount of the grant for which it qualifies, and shall prescribe uniform forms for reporting number of claims processed. When an application has been filed, if the secretary determines that the state veterans organization concerned has not adequately established its claim for a grant, the secretary may require additional information. Any state veterans organization dissatisfied with a determination of the secretary may appeal such determination as provided under s. VA 1.03.

History

Cr. Register, March, 1965, No. 111, eff. 4-1-65; am. Register, December, 1965, No. 120, eff. 1-1-66; am. Register, October, 1967, No. 142, eff. 11-1-67; am. Register, June, 1970, No. 174, eff. 7-1-70; am. Register, April, 1986, No. 364, eff. 5-1-86; correction made under s. 13.93 (2m) (b) 5., Stats., Register, April, 1986, No. 364; 2013 Wis. Act 189: am. Register April 2014 No. 700, eff. 5-1-14.

Chapter VA 8 COUNTY VETERANS’ SERVICE GRANTS

Wis. Admin. Code § VA 8.02 Application, report and eligibility {#sec-va-8.02 omnilex-key=us-wi-regs-official--agency-va--VA 8.02}

(1) Application. Application for county veterans’ service grants shall be made by the county not later than May 15 of the calendar year for which the grant is claimed on forms prepared by the department. An application must be accompanied by a copy of the budget proposed for the county veterans’ service office for the fiscal year for which the grant is claimed. Application shall be made annually, and the county must meet minimum budget and operating standards established by the department for the county veterans’ service office in order to qualify for the initial grant and for each succeeding grant.

(2) Report. For the initial application, a copy of the last report, if any, to the county board or county clerk covering operation of the county veterans’ service office and county veterans service commission shall be submitted with the application, and when such report for the fiscal year immediately preceding the fiscal year for which the grant is claimed has been completed it shall also be submitted to the department. For subsequent applications, a report on county veterans’ service office operations shall be submitted on uniform report forms established by the department as soon as completed. The department shall establish a standard system for evaluating the various types of veterans’ service work performed by county veterans’ service offices, including applications submitted for state and federal benefits, travel in veterans’ service work, veterans service commission activity, etc.

(3) Eligibility. Only a county which meets minimum budget and operating standards established by the department and which chooses any new county veterans service officer elected after August 5, 1973, from a list of candidates certified by the director of the state bureau of personnel or appoints such service officer under ch. 63, Stats., may be eligible for a grant. No grant shall be disbursed until the report required and a certified copy of the budget adopted by the county board for county veterans’ service office operation for the fiscal year for which the grant is claimed have been received by the department.

History

Cr. Register, December, 1973, No. 216, eff. 1-1-74; am. (1), Register, December, 1979, No. 288, eff. 1-1-80; 2103 Wis. Act 189: am. (1) Register April 2014 No. 700, eff. 5-1-14.

Wis. Admin. Code § VA 8.03 Budget and operating standards {#sec-va-8.03 omnilex-key=us-wi-regs-official--agency-va--VA 8.03}

In order to qualify for a county veterans’ service grant, a county:

(2) Shall provide sufficient staff to permit adequate service to its veterans and, if it is not required that full time or part-time staff be hired in addition to the county veterans’ service officer to provide such service, shall keep the county veterans’ service office open and staffed during normal county working hours by providing staff from full time county offices who will receive telephone and personal inquiries in the absence of the county veterans’ service officer during such hours.

(3) Shall authorize sufficient travel by the county veterans’ service officer and service office staff to permit adequate service to the county’s veterans, including out-of-county travel to hospitals, offices of veterans’ agencies and veterans’ service conferences, institutes, and workshops, and shall provide for equitable allowance or reimbursement for such travel at the same rate other county employees are paid.

(4) Shall authorize sufficient supplies and services to permit adequate service to the county’s veterans, including telephone expenses.

(5) Shall provide adequate service to the county’s veterans through the county veterans’ service office.

History

Cr. Register, December, 1973, No. 216, eff. 1-1-74; am. (1), Register, January, 1990, No. 409, eff. 2-1-90; CR 07-022: r. (1) Register July 2007 No. 619, eff. 8-1-07.

Wis. Admin. Code § VA 8.05 Use of grants for salary supplements {#sec-va-8.05 omnilex-key=us-wi-regs-official--agency-va--VA 8.05}

A county may use all or any part of its county veterans’ service grant to supplement its salary payments to its county veterans’ service officer or service office staff or for other budgeted expenses of the county veterans’ service office.

History

Cr. Register, December, 1973, No. 216, eff. 1-1-74.

Chapter VA 11 VETERANS OUTREACH AND RECOVERY PROGRAM

Wis. Admin. Code § VA 11.01 Purpose {#sec-va-11.01 omnilex-key=us-wi-regs-official--agency-va--VA 11.01}

The purpose of this chapter is to establish rules for the implementation and administration of the veterans outreach and recovery program that provides case management, referrals for services, or assistance for all aspects of daily living to eligible individuals who may have a mental health or substance use disorder and reside in this state.

History

CR 20-013: cr. Register March 2022 No. 795, eff. 4-1-22.

Wis. Admin. Code § VA 11.02 Definitions {#sec-va-11.02 omnilex-key=us-wi-regs-official--agency-va--VA 11.02}

In this chapter:

(1) “Case management” means an organized process to ensure appropriate treatment, rehabilitation, and services are available to a participant in a planned, coordinated, efficient, and effective manner to promote a high quality and cost-effective intervention and outcome.

(2) “Community provider” means an individual or public or private agency that is approved by the department to provide services to a participant.

(3) “Participant” means an individual who is enrolled in the program by entering into a written agreement with the department and meets the eligibility requirements under s. VA 11.03.

(4) “Program” means the veterans outreach and recovery program authorized under s. 45.48, Stats.

History

CR 20-013: cr. Register March 2022 No. 795, eff. 4-1-22.

Wis. Admin. Code § VA 11.03 Eligibility criteria {#sec-va-11.03 omnilex-key=us-wi-regs-official--agency-va--VA 11.03}

(1) Residency, veteran status, and need. An individual eligible for enrollment in the program shall reside in this state, may have a mental health condition or substance use disorder, and shall meet one of the following conditions:

(a) Is serving in the national guard of any state or a reserve component of the U.S. armed forces.

(b) Served on active duty in the U.S. armed forces, forces incorporated as part of the U.S. armed forces, a reserve component of the U.S. armed forces, or the national guard of any state and was discharged under conditions other than dishonorable.

(2) Assessment. The department shall conduct a pre-enrollment assessment to determine an individual’s eligibility for enrollment in the program and the appropriate level of assistance to be provided.

(3) Need for assistance. An individual is eligible for enrollment if the department determines after conducting an assessment that the individual meets the requirements specified in sub. (1) and may have any of the following needs:

(a) Homelessness or conditions that indicate that the veteran is at risk of becoming homeless.

(b) Substance use issues.

(d) Affliction with acute or chronic physical, behavioral, or mental health problems that significantly limit a veteran’s ability to be self-supporting.

(e) Insufficient monthly income and resources, as determined by the department, to pay for emergency assistance, such as any of the following:

Emergency housing.
Rental assistance.
Transportation.
Food.
Treatment.
Other assistance approved by the department.

(4) Additional benefit. Assistance under the program is additional to any other benefits or services a veteran is entitled to receive under any other program administered by the department.

(5) Ineligibility. An individual who is incarcerated in prison or whose needs exceed the scope or capabilities of the program is not eligible for enrollment in the program.

History

CR 20-013: cr. Register March 2022 No. 795, eff. 4-1-22.

Wis. Admin. Code § VA 11.04 Enrollment {#sec-va-11.04 omnilex-key=us-wi-regs-official--agency-va--VA 11.04}

(1) Written participation agreement. The department may enroll a participant in the program upon determination of eligibility under s. VA 11.03 by completing a written participation agreement between the participant and the department.

(2) Terms of agreement. The term of the initial agreement shall be one year and automatically renew every 6 months thereafter unless terminated by the department or by the participant. The department may only terminate the agreement for the reasons specified under s. VA 11.06 (3). The participant may terminate the agreement at any time for any reason. The department shall specify all of the following in the agreement:

(a) The participant’s enrollment and demographic information.

(b) The participant’s responsibilities under the program and the consequences of the participant’s failure to comply with those responsibilities consistent with s. VA 11.06 (3).

The participant’s right to voluntarily participate in the program.
The participant’s right to voluntarily withdraw from the program at any time.
The participant’s right to appeal a department decision to discharge a participant from the program as specified under s. VA 11.06 (4).

(d) The assistance the participant is eligible to receive based on the assessment conducted under s. VA 11.03 (2). If financial assistance is provided, the agreement shall indicate the maximum amount of financial assistance the participate may receive during the term of the agreement.

(e) The expectation of the participant to participate in progress assessment interviews and the frequency of the interviews.

(f) The conditions of discharge as specified under s. VA 11.06 (3).

(g) The conditions in which the department may authorize a participant to re-enroll in the program after the participant has been discharged from the program by the department.

Note: A copy of the Participation Agreement 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).

History

CR 20-013: cr. Register March 2022 No. 795, eff. 4-1-22; correction in (2) (intro.) made under s. 35.17, Stats., Register March 2022 No. 795.

Wis. Admin. Code § VA 11.05 Provision of services {#sec-va-11.05 omnilex-key=us-wi-regs-official--agency-va--VA 11.05}

(1) Case management. The department shall develop a case management plan for each participant. The plan shall specify the type and amount of service to be provided, the manner of service delivery, and the level of assistance to be provided by a community provider.

(2) Types of assistance. The department may provide assistance to a participant or refer a participant to a community provider for assistance for any of the following services:

(a) Claims and benefits assistance.

(b) Counseling.

(d) Financial assistance.

(e) Housing and utility assistance.

(f) Insurance.

(g) Job training and placement services.

(h) Mental or behavioral health services.

(i) Rehabilitation and recovery services.

(j) Transportation assistance.

(k) Treatment services for mental health or substance use disorders with appropriate diagnosis.

(L) Other services as approved by the department.

History

CR 20-013: cr. Register March 2022 No. 795, eff. 4-1-22.

Wis. Admin. Code § VA 11.06 Program participation {#sec-va-11.06 omnilex-key=us-wi-regs-official--agency-va--VA 11.06}

(1) Voluntary participation. Participation in the program is voluntary and may be discontinued by the participant at any time without penalty. Refusal by a participant to enroll in the program does not result in the loss of any other benefits to which the participant is otherwise entitled.

(2) Reassessment. The department shall conduct a progress assessment interview at least every 6 months to determine a participant’s level of need, evaluate progress, and monitor compliance. If discharge from the program is indicated following the progress assessment interview, the basis of the discharge shall conform to sub. (3). The department may conduct a discharge assessment interview upon discharge and a post discharge assessment interview 60 days after discharge to assess a participant’s well-being following discharge from the program.

(3) Discharge from program. The department may discharge a participant from the program whenever any of the following occurs:

(a) The department determines that a participant no longer meets the eligibility requirements of the program under s. VA 11.03.

(b) The department determines that the needs of a participant exceed the capabilities of the program.

(c) A participant fails to participate in the services outlined in the case management plan developed for the participant under s. VA 11.05.

(d) The department finds that a participant willfully made or caused to be made, false statements relating to the participant’s eligibility during the assessment conducted under s. VA 11.03 (2) or the reassessment conducted under sub. (2).

(e) The department determines that a participant is no longer in need of assistance under the program based on a progress assessment conducted under sub. (2).

(f) A participant voluntarily withdraws from the program.

(g) A participant is incarcerated in prison.

(h) A participant’s contact with the participant’s regional coordinator exceeds 90 days from the last encounter if the department has made reasonable attempts to contact the participant.

(4) Appeal procedures. A participant discharged from the program may appeal a department decision by submitting a written appeal to the department’s office of legal counsel. An appeal must be received by the department within 60 calendar days after the date of the department decision.

History

CR 20-013: cr. Register March 2022 No. 795, eff. 4-1-22; correction in (3) (c) made under s. 13.92 (4) (b) 7., Stats., Register February 2023 No. 806; correction in (3) (c) made under s. 35.17, Stats., Register March 2023 No. 807.

Wis. Admin. Code § VA 11.07 Administration {#sec-va-11.07 omnilex-key=us-wi-regs-official--agency-va--VA 11.07}

(1) funding. The department may provide funding to facilitate the provision of services under the program.

(2) Outreach and recovery regional coordinators. The department shall employ regional coordinators to assist with the administration and coordination of the program.

(3) Operational requirements.

(a) Policies and procedures. The department shall establish written policies and procedures for administering the program. The written policies and procedures shall include the eligibility criteria, but only those authorized under s. VA 11.03, and the discharge criteria, but only those authorized under s. VA 11.06 (3).

(b) Training. The department shall provide training and materials to all individuals involved in the operations of the program and ensure these individuals are thoroughly familiar with the requirements and operational procedures of the program.

(c) Annual review of program. The department shall review the program’s policies, procedures, and training materials at least annually and update the materials on a continuous basis to reflect current operations. The department shall maintain documentation of the review.

(4) Protection of personal information. Any person or entity involved with the operations of the program or who provides services under the program shall ensure that all participant data and personal information collected is secure and maintained in accordance with state and federal confidentiality and privacy laws, rules, and regulations.

History

CR 20-013: cr. Register March 2022 No. 795, eff. 4-1-22.

Chapter VA 12 PERSONAL LOAN PROGRAM

Wis. Admin. Code § VA 12.01 Definitions {#sec-va-12.01 omnilex-key=us-wi-regs-official--agency-va--VA 12.01}

In this chapter:

(1) “Annual income” means current monthly income multiplied by 12.

(2) “Annual shelter payment” means the total annual payments anticipated for rental of living quarters, or if the applicant is the owner of a homestead, principal and interest payments on all loans against the homestead and real estate taxes and hazard insurance payments on the homestead, and the owner’s share of expenses for the common elements. “Annual shelter payment” includes monthly mobile home parking fees if the homestead is a mobile home located on land not owned by the applicant and includes holding tank pumping fees if the applicant’s homestead has a septic disposal system which relies on a holding tank.

(3) “Applicant” means a person who is eligible and applies for a loan under s. 45.42, Stats. The term “applicant” also means the applicant and co-applicant, if there is a co-applicant, unless the context clearly limits the meaning to the applicant only.

(4) “Co-applicant” means either the spouse of an applicant who applies with that applicant for a loan or a person, other than a spouse of the applicant, who is eligible for a loan under s. 45.42, Stats., and who chooses to apply with the applicant.

(5) “Current monthly income” means all of the applicant’s regular and dependable adjusted gross income, converted to a monthly amount.

(6) “Date of application” means the date a loan application, as determined under s. VA 12.02 (2), is accepted by the department.

(8) “Educational loan” means a personal loan program loan in which payments are deferred under the provisions of s. VA 12.06.

(9) “Personal loan program loan” or “loan” means a loan approved under s. 45.42, Stats. and this chapter.

(10) “Total debt payments” means 1/12 of an applicant’s annual shelter payment and monthly repayments required on debts with 13 or more remaining monthly payments due at the time of application for a personal loan program loan. “Total debt payments” includes 5 percent of the applicant’s total indebtedness on which regular monthly payments are not required except when the applicant has sufficient verified assets to repay the indebtedness.

(11) “Unremarried spouse” means an applicant whose basis of eligibility is marriage to a veteran at the time of the veteran’s death.

History

Cr. Register, April, 1998, No. 508, eff. 5-1-98; correction in (10) made under s. 35.17, Stats., Register April 2022 No. 796; CR 22-041: r. (7) Register April 2023 No. 808, eff. 5-1-23.

Wis. Admin. Code § VA 12.02 General loan policy {#sec-va-12.02 omnilex-key=us-wi-regs-official--agency-va--VA 12.02}

(1) Eligibility. The applicant’s eligibility to participate in the program shall be established prior to the approval of the loan by the department.

(2) Loan application. An application for a loan shall be on a form approved by the department and shall include documentation of income, verification of adequate security and other items as may be required by the department. An application shall be signed by the applicant or submitted electronically after obtaining a valid log-on ID and password. Applications for loans by applicants who are married and not separated or in the process of obtaining a divorce shall be completed and signed by the applicant’s spouse. If the application is submitted electronically, the spouse does not need to sign the application. Applications may be prepared with the assistance of and submitted through the office of a county veterans service officer or other representative as approved by the department or may be submitted directly to the department. Loan applications that are not complete will not be accepted by the department. A loan application which has been accepted by the department, but which is determined to lack the necessary information or documentation for the department to approve a loan, shall be denied, unless the applicant corrects the deficiency within 30 days’ notice by the department to the county veterans service office or the applicant.

(3) Income. An applicant’s current monthly income shall be verified. Acceptable verification of current monthly income may be:

(a) Copies of check stubs from the applicant’s employment for a 30-day period dated within 3 months of the date of application.

(b) A copy of the prior year’s income tax returns except if the applicant’s employer, type of employment, or method of compensation has changed. Applicants verifying their income by the prior year’s income tax returns shall submit a complete copy of the state and federal tax return including all schedules, W-2s, and attachments.

(c) An award letter or copy of a check of unemployment compensation. Unemployment compensation may be considered income when it is received for regular or seasonal layoffs from the applicant’s current employment.

(d) A business plan and professionally prepared profit and loss statement of income to be derived by an applicant from a new business which the applicant is establishing or an existing business the applicant is purchasing.

(e) A profit and loss statement for at least 6 of the 12 months immediately preceding the loan application date of the income of a self-employed applicant.

(f) Depreciation as listed on an applicant’s federal tax return may be used as income.

(g) An award letter or recent copy of a check from the United States department of veterans affairs for compensation or pension benefits.

(4) Term of loan. All loans, except loans for which an educational deferment is authorized under s. VA 12.06 (1), shall be amortized on a monthly basis and the term of the loan shall be at least 1 year and may not exceed 10 years. The department may set amortization terms based upon the loan amount. Loans for which an educational deferment has been authorized shall have a maximum amortization term of 5 years.

(5) Loan checks. Loan checks shall be made payable to the applicant except where the department determines payment to a specific party is required to ensure compliance with s. 45.42, Stats., and this chapter. Checks may not be released until the department has received all necessary documentation and all requirements set forth in the department’s commitment letter have been complied with to the satisfaction of the department. The department shall issue checks in whole number amounts and may adjust the loan amount requested by the applicant to a whole number.

(6) Delinquency in department loans. The department shall not approve a loan to an applicant who is delinquent on another loan from the department. The department may authorize a loan to an applicant who has failed to pay a prior loan from the department in compliance with a repayment agreement if the applicant establishes that a loss of employment due to no fault of the applicant or other unavoidable circumstances caused the underlying repayment problem.

(8) Bad credit practices. Applications from applicants who have failed to pay their obligations in compliance with a repayment agreement or have quitclaimed real estate to a lender in lieu of foreclosure within the last 5 years shall be denied unless such applications show strong off-setting characteristics. The department may consider whether the lender did not incur a loss as a result of the quitclaim and whether a loss of employment due to no fault of the applicant or other unavoidable circumstances caused the underlying repayment problem.

(9) Delinquent support, separate maintenance payments, medical and birth expenses. If the department has not received a certification under s. 49.854 (2) (b), Stats., that the applicant is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses, the applicant’s credit may be considered favorable if medical or birthing expenses do not exist or payments for such expenses are being made in accordance with a court order and child support and maintenance payments are current as of the date of approval of the personal loan program loan by the department. Evidence that the applicant is current shall be required if the child support or maintenance is not paid in the state of Wisconsin. If the applicant is in arrears or expenses exist, then a personal loan program loan may be made to that applicant only if the amount necessary to satisfy the arrearage or expense is paid from proceeds of the department’s loan.

(10) Total debt payments. Where an applicant’s total debt payments exceed 35 percent of the applicant’s current monthly income the application shall be denied unless the applicant has a history of excellent debt service combined with either a demonstrated ability to accumulate savings, at least 15 percent equity in real estate or such other factors as the department finds to be relevant to the applicant’s ability and motivation to make higher debt service payments.

(11) Liabilities. To determine whether the level of indebtedness is excessive, the department may analyze the stated purposes for which an applicant’s debts were incurred, the total amount of the indebtedness in relation to income, and the applicant’s record of meeting past financial obligations. The purpose for which all debts were incurred shall be stated by the applicant. If the department determines the accumulated indebtedness indicates financial instability or the amount of monthly payments will impair the applicant’s ability to make debt service payments and meet ordinary living expenses, the loan application shall be denied. Accumulation of net worth may be considered an indication of creditworthiness.

(12) Bankruptcy, collection accounts, judgments, and liens. Applications from applicants currently under federal bankruptcy proceedings shall be denied. Any application from an applicant who has been subject to bankruptcy proceedings or to liens and judgments within the 5 years immediately preceding the application, shall be examined carefully and the circumstances fully analyzed to determine whether the applicant is creditworthy and has demonstrated financial recovery. A copy of the petition, schedules of debts and discharge in bankruptcy along with the applicant’s signed statement of the reason for such bankruptcy shall be submitted with the loan application. Proceeds of the loan may be used to pay collection accounts, judgments, and liens when approved by the department. No loan shall be approved where a collection account, judgment, or lien would remain unsatisfied after distribution of the loan proceeds.

(13) Subordination agreement and partial release of mortgage. The department may execute a subordination agreement or release a portion of the property providing security for its mortgage if the department verifies that the mortgagor’s equity in the property secured by the mortgage is greater than 15 percent after the execution of the subordination agreement or partial release, the applicant is current on the loan, the applicant meets current underwriting criteria and the repayment history for the 6 months immediately preceding the request has been satisfactory.

(14) Co-applicants. The department shall consider the income, assets, and debts of a co-applicant.

(16) Indebtedness of married veterans. Eligible veterans who are married to each other may have indebtedness to the department in an amount up to $50,000 under the personal loan program and total indebtedness to the department up to $50,000 under the personal loan program, the economic assistance loan program under s. 45.351 (2), 1995 Stats., and the veterans trust fund stabilization loan program under s. 45.356, 1995 Stats., subject to the indebtedness limitations for an individual veteran delineated at s. 45.42 (2) and (7), Stats.

History

Cr. Register, April, 1998, No. 508, eff. 5-1-98; am. (7), cr. (16), Register, July, 2000, No. 535, eff. 8-1-00; correction in (9) made under s. 13.93 (2m) (b) 7., Stats., Register, July, 2000, No. 535; emerg. am (7) and (16), eff. 8-5-02; CR 02-130: am. (7) and (16), cr. (17) Register April 2003 No. 568, eff. 5-1-03; correction in (9) made under s. 13.93 (2m) (b) 7., Stats., Register April 2003 No. 568; CR 05-008: am. (2), (4), (6), (13), and (16), cr. (3) (g), r. (7), (15) and (17) Register May 2005 No. 593, eff. 6-1-05; 2013 Wis. Act 189: am. (3) (a), (b), (f), (9), (13) Register April 2014 No. 700, eff. 5-1-14; correction in (3) (e), (10), (12), (14) made under s. 35.17, Stats., and correction in (5) made under s. 13.92 (4) (b) 10., Stats., Register April 2022 No. 796.

Wis. Admin. Code § VA 12.03 Security required {#sec-va-12.03 omnilex-key=us-wi-regs-official--agency-va--VA 12.03}

(1) Guarantors. The department may accept as adequate security the guarantee of personal loan program loan promissory notes by creditworthy and financially acceptable guarantors who are not the spouse of the applicant and who are Wisconsin residents. Guarantors are subject to the same underwriting criteria as the applicant and the department may request verification of information submitted. There must be at least 1 guarantor on guaranteed personal loan program loan promissory notes. No employee of the department, no county veterans service officer, and no other person in any way connected with the administrative duties of the department or serving in an advisory capacity may be accepted as guarantor on any loan unless the applicant is a member of the guarantor’s immediate family. Any other Wisconsin resident who is determined by the department to be financially responsible and whose joining in the obligation provides adequate security may be accepted as a guarantor.

(2) Real estate security. The department may accept real estate as security if the real estate is located in Wisconsin and the applicant submits evidence of at least 10 percent equity after the personal loan program loan has been made. Possession of merchantable title to the real estate by the applicant prior to the closing is required. When the title to the property is held in more than one name all parties with an interest in the real estate shall sign the mortgage.

(3) Security on tribal or band land or with a tribal or band guarantee. In lieu of obtaining security for a personal loan program under sub. (1) or (2), the department may enter into a security agreement, enforceable and permissible under state and federal law, with an applicant and a federally recognized American Indian tribe or band in this state, whenever the applicant resides on any tribal or band land, and the security offered is the land or a guarantee by the tribe or band.

History

Cr. Register, April, 1998, No. 508, eff. 5-1-98; CR 05-008: am. (1), cr. (3) Register May 2005 No. 593, eff. 6-1-05; correction in (1), (2) made under ss. 13.92 (4) (b) 4. and 35.17, Stats., Register April 2022 No. 796.

Wis. Admin. Code § VA 12.05 Real estate valuation {#sec-va-12.05 omnilex-key=us-wi-regs-official--agency-va--VA 12.05}

(1) General. The department may accept the current equalized assessed full market value or fair market value as stated on the prior year’s property tax statement as the value of the property for all purposes.

(2) Appraisals. If an applicant wishes to provide a property appraisal, the appraiser must be licensed by the state of Wisconsin.

(3) Use of appraisals. If the applicant submits an appraisal the appraisal is advisory only. The department may consider age of the appraisal, equity established by the appraisal, condition of the property or market value established by the appraisal in evaluating the appraisal submitted. The department may determine the value of properties for its purposes by means of property inspection by department representatives, by obtaining appraisal reports at its own expense, or by such other means as it may deem practical.

History

Cr. Register, April, 1998, No. 508, eff. 5-1-98; CR 05-008: am. (2) Register May 2005 No. 593, eff. 6-1-05; correction in (2) made under s. 13.92 (4) (b) 6., Stats., Register February 2012 No. 674; 2013 Wis. Act 189: am. (2) Register April 2014 No. 700, eff. 5-1-14.

Wis. Admin. Code § VA 12.06 Educational loans {#sec-va-12.06 omnilex-key=us-wi-regs-official--agency-va--VA 12.06}

(1) Deferment of payments. Subject to sub. (2), where an applicant who is enrolled in a full-time study course of instruction, as verified by the educational institution in which the applicant is enrolled, or in a part-time study course of instruction only in cases described in this subsection applies for deferment of the obligation to commence or continue to make payments on a loan, the department may grant a deferment if the installments on such loan are less than 90 days delinquent at the time of approval of the deferment and, in the case of a guaranteed loan, if the guarantors consent in writing to the deferment. A deferment may not exceed 1 year and may not extend more than 3 months beyond the anticipated completion date of the applicant’s educational objective, but an applicant may qualify for additional deferments if eligible for such deferments under the provisions of this subsection at the time of application. The department may grant deferments to an applicant enrolled in a part-time course of instruction because such applicant is disabled or unable due to physical or intellectual disability to enroll in a full-time course of instruction, is a graduate student who has completed the course of work required for a degree but must complete a thesis requirement, or is in the final semester or term of an educational program and needs less than full-time study to meet graduation requirements. Participation in a medical internship program is deemed to be enrollment in a full-time course of instruction for the purposes of this subsection.

(2) Limitations on deferment. Payments may be deferred on only one department loan under s. 45.351 (2), 1995 Stats., and s. 45.42, Stats., at the same time. Indebtedness on a deferred loan may not exceed $5,000. Additional deferments under sub. (1) may not exceed a total of 5 years.

(3) Underwriting criteria. The criteria contained in s. VA 12.02 (10) or (11) do not apply to the underwriting of an educational loan if the applicant is a full-time student and qualifies for a deferment under sub. (1).

History

Cr. Register, April, 1998, No. 508, eff. 5-1-98; CR 05-008: am. (2) and (3) Register May 2005 No. 593, eff. 6-1-05; correction in (1) made under ss. 13.92 (4) (b) 4. and 35.17, Stats., and correction in (2) made under s. 35.17, Stats., Register April 2022 No. 796; CR 22-041: am. (1) Register April No. 808, eff. 5-1-23.

Chapter VA 13 VETERANS HOUSING AND RECOVERY PROGRAM

Wis. Admin. Code § VA 13.001 Purpose {#sec-va-13.001 omnilex-key=us-wi-regs-official--agency-va--VA 13.001}

The purpose of this chapter is to establish rules for the administration of the veterans housing and recovery program for the provision of temporary housing assistance for eligible veterans.

History

CR 23-056: cr. Register May 2024 No. 821, eff. 6-1-24.

Wis. Admin. Code § VA 13.01 Definitions {#sec-va-13.01 omnilex-key=us-wi-regs-official--agency-va--VA 13.01}

In this chapter the following terms shall have the designated meanings:

(1) “Applicant” means a person who requests assistance under the program by filing a written application with the department.

(1m) “Case management” means an organized process to ensure appropriate treatment, rehabilitation, and services are available to a participant in a planned, coordinated, efficient, and effective manner to promote a high-quality, cost-effective intervention and outcome.

(2m) “Homeless” means that a veteran is experiencing any of the following:

(a) Is without a full-time or adequate nighttime residence.

(b) Has a full-time nighttime residence that is not intended to be a regular place for people to sleep, including a car, park, abandoned building, bus or train station, airport, or camping ground.

(d) Is residing in a place not meant for human habitation or having exited an institution in which the veteran temporarily resided.

(e) Is at risk of imminently losing their housing, including housing they own, rent, or live in without paying rent or are sharing with others, as well as rooms in hotels or motels.

(f) Is fleeing or attempting to flee domestic violence, dating violence, sexual assault, stalking, or other dangerous or life-threatening conditions in their current housing situation.

(2r) “Program” means the veterans housing and recovery program authorized under s. 45.43, Stats.

(3) “Veteran” means an individual who served in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces and who was discharged under conditions other than dishonorable.

(4m) “VHRP facility” means a program site that provides temporary housing for eligible veterans.

History

Cr. Register, May, 1994, No. 461, eff. 6-1-94; CR 05-002: am. (1) and (4), cr. (5) Register May 2005 No. 593, eff. 6-1-05; corrections in (3) and (4) made under s. 13.93 (2m) (b) 7., Stats., Register May 2006 No. 605; 2013 Wis. Act 189: r. (5) Register April 2014 No. 700, eff. 5-1-14; CR 23-056: am. (1), cr. (1m), r. (2), cr. (2m), am. (3), (4), cr. (5) Register May 2024 No. 821, eff. 6-1-24; renum. (2r), (4m) from (4), (5) under s. 13.92 (4) (b) 7., Stats., Register May 2024 No. 821.

Wis. Admin. Code § VA 13.02 Applicant eligibility {#sec-va-13.02 omnilex-key=us-wi-regs-official--agency-va--VA 13.02}

(1) Veteran status. The department shall verify an applicant’s veteran status.

(2) Assessment to determine need for assistance.

(ag) Each applicant shall be assessed to determine his or her veteran status and need for assistance in the following areas:

Medical.
Legal.
Alcohol and other drug abuse.
Mental health.
Housing.
Employment.

(br) Assistance shall be provided to a veteran under the program when the veteran’s need for assistance arises because of any of the following circumstances:

Conditions that indicate that the veteran is homeless or at risk of becoming homeless.
Conditions that indicate the veteran is unemployed or underemployed which significantly limits the veteran’s ability to be self-supporting.
Conditions that indicate the veteran is afflicted with acute or chronic physical or mental health problems which significantly limits the veteran’s ability to be self-supporting.
Conditions that indicate that the veteran has insufficient monthly income and resources, as determined by the department, to pay for the cost of housing.

(3) Provision of assistance.

(a) A veteran who establishes a need for assistance under this section shall enter into a written agreement with the department identifying the assistance that the veteran shall receive and the veteran’s responsibilities under the program.

(b) An applicant may be denied assistance under any of the following circumstances:

The applicant does not meet the definition of homeless.
The applicant’s needs exceed the capabilities of the program.
The applicant has sufficient funds to be self-supporting.
The applicant is unwilling to participate in case management.
The applicant is on the sex offender registry.
The applicant has an outstanding active warrant.
The applicant was previously discharged for cause from the program by the department. The department may require a veteran to meet certain conditions prior to applying for assistance if the veteran was previously discharged from the program by the department.

(4) Additional benefit. Assistance provided under the program is in addition to any other benefits or services a veteran is entitled to receive under any other program administered by the department.

History

Cr. Register, May, 1994, No. 461, eff. 6-1-94; CR 05-002: am. (2) (intro) and (3), cr. (2) (e) Register May 2005 No. 593, eff. 6-1-05; CR 23-056: r. and recr. (title), am. (1), (2) (title), renum. (2) (ag) (intro.), 1. to 6. from VA 13.03 (intro.), (1) to (4), (6), (7), renum. (2) (intro.), (a) to be (2) (br) (intro.), 1. and am., r. (2) (b), renum. (2) (c) to (e), (3) to be (2) (br) 2. to 4., (3) (a) and am., cr. (3) (b), (4) Register May 2024 No. 821, eff. 6-1-24.

Wis. Admin. Code § VA 13.035 Program participation {#sec-va-13.035 omnilex-key=us-wi-regs-official--agency-va--VA 13.035}

(1) Written agreement. The department may provide assistance under the program upon determination of an applicant’s eligibility under s. VA 13.02 and after completing a written agreement between the veteran and the department.

(2) Agreement requirements. The department shall specify all of the following in the written agreement:

(a) The veteran’s demographic information.

(b) The veteran’s responsibilities under the program and the consequences of the participant’s failure to comply with those responsibilities.

The veteran’s right to voluntarily withdraw from the program at any time.
The veteran’s right to request reconsideration of a department decision to discharge a participant from the program as specified under s. VA 13.04 (3m).

(d) The assistance the veteran is eligible to receive based on the assessment conducted under s. VA 13.02 (2).

(e) The conditions of discharge as specified under s. VA 13.04 (2m).

Note: A copy of the written agreement may be obtained on the department’s website at www.WisVets.com, or by request from the Department of Veterans Affairs, P.O. Box 7843, Madison, WI 53707-7843, or call 800-WIS-VETS (947-8387).

(3) Terms of agreement. The term of the initial agreement may be up to 2 years as determined by the USDVA and may be extended by the department.

(4) Termination of agreement. The department may terminate assistance only for reasons specified under s. VA 13.04 (2m). The veteran may terminate the agreement at any time for any reason.

History

CR 23-056: cr. Register May 2024 No. 821, eff. 6-1-24.

Wis. Admin. Code § VA 13.04 Assistance {#sec-va-13.04 omnilex-key=us-wi-regs-official--agency-va--VA 13.04}

(1) Assistance provided. Upon completion of an assessment conducted under s. VA 13.02 (2), and pursuant to a written agreement between the department and the eligible veteran, the following assistance shall be provided:

(a) Transitional housing at a VHRP facility.

(b) Referrals to service providers.

(c) Appropriate support services to enable independence and ability to secure permanent housing, including medical and mental health treatment, counseling, supervision, and other services essential for achieving independent living.

(2m) Discharge from program. The department may discharge a veteran from the program whenever any of the following occurs:

(a) The department determines that the veteran no longer meets the eligibility requirements of the program under s. VA 13.02 (2).

(b) The department determines that the needs of the veteran exceed the capabilities of the program.

(d) The department finds that the veteran willfully made or caused to be made false statements relating to the participant’s eligibility during the assessment conducted under s. VA 13.02 (2).

(e) The department determines that the veteran is no longer in need of assistance under the program.

(f) The veteran voluntarily withdraws from the program.

(g) The veteran is incarcerated in jail or prison.

(3m) Reconsideration procedures. An applicant who is denied admittance or a veteran discharged from the program may request reconsideration of a department decision by submitting a written request to the department’s office of legal counsel. The request for reconsideration must be received by the department within 60 calendar days after the date of the department decision.

(4) Vocational assistance to enable a veteran at a regional transitional housing site to receive, as determined by the department, financial assistance to pursue vocational opportunities.

Note: Subsection (4) was inadvertently left in by rule CR 23-056 and will be removed in future rulemaking.

History

Cr. Register, May, 1994, No. 461, eff. 6-1-94; CR 05-002: cr. (3) Register May 2005 No. 593, eff. 6-1-05; CR 05-103: cr. (4) Register May 2006 No. 605, eff. 6-1-06; CR 23-056: renum. (intro.), (1), (2) to (1) (intro.), (a), (b) and, as renumbered, am. (1) (intro.), (a), cr. (1) (c), (2m), r. (3), cr. (3m) Register May 2024 No. 821, eff. 6-1-24; correction in (2m) (c) made under s. 13.92 (4) (b) 7., Stats., Register May 2024 No. 821.

Wis. Admin. Code § VA 13.05 Program fees {#sec-va-13.05 omnilex-key=us-wi-regs-official--agency-va--VA 13.05}

The department may collect a monthly fee from a veteran residing in a VHRP facility in an amount calculated under the following schedule:

(1) Residents of a VHRP facility. A resident of a VHRP facility who is employed or who is receiving supplemental security income, social security disability insurance payments or any other disability or pension benefits, other than compensated work therapy or industrial/incentive therapy payments paid at a rate below the prevailing minimum wage, may be assessed a monthly program fee of not more than 30 percent of the veteran’s monthly net income, after deductions for VA overpayments, medical expenses, child care expenses, court-ordered child support payments, or any other court-ordered payment. The amount of assessed program fees shall be uniformly applied to each resident of a specific site. The total amount of the monthly assessments at a particular site may not exceed the program’s set maximum rate in accordance with 38 CFR 61.82 (a). The amount assessed to a resident may begin upon the resident’s receipt of a second pay or benefit check except when the resident receives a retroactive lump sum award of pension, compensation, or other entitlement payments. When a lump sum is received for a retroactive payment, 30 percent or program fee max will be paid for all prior benefit months received in lump sum. The assessment will begin upon receipt of the pay or benefit check.

(2m) Assessment of program fees. The determination for the monthly assessment and the collection process and procedures shall be documented in the department’s program operating procedures.

History

Cr. Register, July, 1998, No. 511, eff. 8-1-98; CR 03-045: am. (intro.) and (1) Register October 2003 No. 574, eff. 11-1-03; CR 05-103: am. (2) Register May 2006 No. 605, eff. 6-1-06; CR 23-056: am. (title), (intro.), (1), r. (2), cr. (2m) Register May 2024 No. 821, eff. 6-1-24; correction in (1) made under s. 35.17, Stats., and (2m) title created under s. 13.92 (4) (b) 2., Stats., Register May 2024 No. 821 Register May 2024 No. 821.

Wis. Admin. Code § VA 13.065 Protection of personal information {#sec-va-13.065 omnilex-key=us-wi-regs-official--agency-va--VA 13.065}

Any person or entity involved with the operations of the program or who provides services under the program shall ensure that all applicant data and the veteran’s personal information collected are secure and maintained in accordance with state and federal confidentiality and privacy laws, rules, and regulations.

History

CR 23-056: cr. Register May 2024 No. 821, eff. 6-1-24.

Chapter VA 14 STATE VETERANS CEMETERIES

Wis. Admin. Code § VA 14.01 Definitions {#sec-va-14.01 omnilex-key=us-wi-regs-official--agency-va--VA 14.01}

In this chapter, the following terms shall have the designated meanings:

(1) “Department” means the department of veterans affairs.

(2) “Dependent child” has the meaning given in s. 45.01, Stats.

(3) “Funeral director” has the meaning given in s. 445.01 (5), Stats.

(4) “Guard or reserve member” has the meaning given in s. 45.61 (2) (d), Stats.

(5) “Outer burial container” has the meaning given in s. 157.061 (11g), Stats.

(6) “Veteran” has the meaning given in s. 45.01 (12), Stats.

(7) “Veterans cemetery” means a cemetery operated by the department under the authority of s. 45.51 or 45.61, Stats.

History

Cr. Register, August, 1996, No. 488, eff. 9-1-96; corrections in (2), (4), (6), (7) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687.

Wis. Admin. Code § VA 14.02 Interment and disinterment fees and assessments {#sec-va-14.02 omnilex-key=us-wi-regs-official--agency-va--VA 14.02}

(1) Interment and disinterment fees. The department may not assess a fee for the interment of a veteran, guard, or reserve member in a veterans cemetery. The department may assess the following fee for each interment or disinterment at a veterans cemetery:

(b) A fee may be assessed for the interment of a dependent child or a veteran’s spouse or surviving spouse in a veterans cemetery. The fee shall not exceed the average cost of a casket burial, including the cost of opening and closing a grave site and setting a headstone, and administrative and equipment operation costs, as determined by the department based upon its costs. The department may periodically adjust the fee, upon 30 days notice, to reflect current costs. The department shall publish the notice and fee on its web site. The department may waive the fee for a veteran’s spouse or surviving spouse who resides in a facility identified in s. 45.01 (12m) or 45.50, Stats., at the time of death, if the individual’s estate is insufficient to pay the fee.

(c) A fee may be assessed for the disinterment of an individual currently interred in a veterans cemetery. The fee shall not exceed the average cost to the department of disinterring an individual. The department may periodically adjust the fee, upon 30 days notice, to reflect its current costs. The department shall publish the notice and fee on its web site.

(2) Assessments. The department may assess the funeral director involved in an interment the amount necessary to reimburse the department for the cost of providing and installing an outer burial container. A funeral director may provide and install an outer burial container in lieu of paying that assessment. The department may periodically adjust the assessment, upon 30 days notice, to reflect current costs. The department shall publish the notice and assessment on its web site.

History

Cr. Register, August, 1996, No. 488, eff. 9-1-96; CR 04-126: am. (1) (a), (b) and (2), cr. (1) (c) Register March 2005 No. 591, eff. 4-1-05; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687; 2013 Wis. Act 189: am. (title), (1) (intro.), r. (1) (a), am. (2) Register April 2014 No. 700, eff. 5-1-14.

Chapter VA 15 AMERICAN INDIAN VETERANS’ SERVICE GRANTS

Wis. Admin. Code § VA 15.01 Recognized tribes {#sec-va-15.01 omnilex-key=us-wi-regs-official--agency-va--VA 15.01}

Wisconsin American Indian tribes and bands are defined as the eleven following federally recognized tribes and bands in Wisconsin: the Bad River Band; Forest County Potawatomi Tribe; Ho-Chunk Nation; Lac Courte Oreilles Band; Lac du Flambeau Band; Menominee Tribe; Oneida Tribe; Red Cliff Band; Sokaogon (Mole Lake) Band; St. Croix Band; Stockbridge-Munsee Tribe.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Wis. Admin. Code § VA 15.02 Application, report and eligibility {#sec-va-15.02 omnilex-key=us-wi-regs-official--agency-va--VA 15.02}

(1) Application. Application for American Indian grants shall be made by the governing body of a Wisconsin American Indian tribe or band not later than May 15 of the calendar year for which the grant is claimed, on forms prepared by the department. An application shall be accompanied by a copy of the budget proposed for the tribal veterans’ service office for the fiscal year for which the grant is claimed. Application shall be made annually. The tribe or band must agree to meet minimum budget and operating standards established by the department for the tribal veterans’ service office in order to qualify for the initial grant and for each succeeding grant.

(2) Report. A copy of the last report, if any, to the governing body of the tribe or band covering operation of the tribal veterans’ service office shall be submitted with the initial grant application. Any report for the fiscal year for which the initial grant is claimed shall also be submitted to the department upon its completion. For subsequent applications, a report on tribal veterans’ service office operations shall be submitted on uniform forms established by the department as soon as completed. The department shall establish a standard system for evaluating the various types of tribal veterans’ service work performed by the tribal veterans’ service office, including tribal members or other federally recognized American Indians referred to county veterans’ service offices for applications submitted for state and federal benefits, travel in tribal veterans’ service work, inter-tribal veterans’ service activities, etc.

(3) Eligibility. Only a governing body of a tribe or band that meets minimum budget and operating standards established by the department and that chooses any new tribal veterans’ service officer after August 1, 2000 who is a veteran as defined in s. 45.01 (12), Stats., is eligible for a grant. No grant shall be disbursed until the report required and a certified copy of the budget adopted by the governing body of the tribe or band for the tribal veterans’ service office operation for the fiscal year for which the grant is claimed have been received by the department. In those cases where a federally recognized tribe or band also has status as a county, the governing body of the tribe or band may apply for a grant under this chapter or for a county veterans’ service grant under ch. VA 8 but is not eligible for a grant under both chapters.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register April 2003 No. 568; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687; 2013 Wis. Act 189: am. (1) Register April 2014 No. 700, eff. 5-1-14.

Wis. Admin. Code § VA 15.03 Budget and operating standards {#sec-va-15.03 omnilex-key=us-wi-regs-official--agency-va--VA 15.03}

In order to qualify for an American Indian veterans’ service grant, the governing body of the tribe or band:

(1) Shall appoint a veterans’ service officer who is a veteran and shall give the officer duties described in s. 45.80 (5), Stats., except that the officer shall report to the governing body of the tribe or band.

(2) Shall provide sufficient staff to permit adequate service to tribal veterans. If it is not required that full or part time staff be hired in addition to the tribal veterans’ service officer, the governing body of the tribe or band shall keep the tribal veterans’ service office open and staffed during normal tribal or band working hours by providing staff from full time tribal or band offices who will receive telephone and personal inquiries in the absence of the tribal veterans’ service officer during such hours.

(3) Shall authorize sufficient supplies, office space, and services to permit adequate service to the tribal veterans, including telephone expenses.

(4) Shall authorize sufficient travel by the tribal veterans’ service office staff to permit adequate service to the tribal veterans, including travel to offices of veterans’ agencies, veterans’ service conferences, institutes and workshops and shall provide equitable allowance or reimbursement for such travel at the same rate other tribal employees are paid.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687; 2013 Wis. Act 189: am. (1) Register April 2014 No. 700, eff. 5-1-14.

Wis. Admin. Code § VA 15.04 Use of grants for salary supplements {#sec-va-15.04 omnilex-key=us-wi-regs-official--agency-va--VA 15.04}

An American Indian tribe or band may use all or part of its veterans’ service grant to supplement its salary payments to its tribal veterans’ service officer or service office staff or for other budgeted expenses of the tribal veterans’ service office.

History

Cr. Register, July, 2000, No. 535, eff. 8-1-00.

Chapter VA 16 COUNTY TRANSPORTATION SERVICES GRANTS

Wis. Admin. Code § VA 16.01 Definitions {#sec-va-16.01 omnilex-key=us-wi-regs-official--agency-va--VA 16.01}

In this chapter, the following terms shall have the designated meanings:

(1) “Applicant” means a Wisconsin county or 2 or more counties together that request a transportation services grant by filing an application with the department.

(2) “Department” means the department of veterans affairs.

(3) “Grant” means a transportation services grant authorized under s. 45.83, Stats.

(4) “Serviced by the Wisconsin department of Disabled American Veterans” means that the Wisconsin department of Disabled American Veterans has a regularly scheduled pick up point within the county, as determined by the department.

(5) “Veteran” has the meaning given in s. 45.01 (12), Stats.

History

CR 02-091: cr. Register November 2002 No. 563, eff. 12-1-02; CR 06-020: am. (3) and (5) Register July 2006 No. 607, eff. 8-1-06.

Wis. Admin. Code § VA 16.02 Application, eligibility and grant amount {#sec-va-16.02 omnilex-key=us-wi-regs-official--agency-va--VA 16.02}

(1) Application. An applicant shall file an application with the department by November 1 immediately preceding the calendar year for which a grant is sought. Except as provided in sub. (4), the application shall provide sufficient information to establish that the applicant meets the eligibility criteria in sub. (2) and shall be submitted with the following items:

(a) A financial statement, including a report of all expenses and revenue of the applicant relating to the provision of transportation services to veterans to medical appointments arranged or conducted by the U.S. Department of Veterans Affairs during the 12-month period ending on June 30 of the year in which the application is submitted.

(b) A statement which outlines the applicant’s veterans transportation program for the 12-month period ending on June 30 of the year in which the application is submitted, including an itemization of the amount expended for the program, a description of the manner in which the applicant coordinated and scheduled trips, a description of the methods of transportation, and a statement of the program fees, if any, which were assessed to the veteran who received the transportation services.

(c) A report that identifies the number of veterans transported and the number of miles veterans were transported during the 12-month period ending on June 30 of the year in which the application is submitted.

(2) Eligibility. An applicant’s eligibility to receive a grant shall be determined under the following criteria:

(a) The applicant is not serviced by the Wisconsin department of Disabled American Veterans.

(b) The applicant agrees to provide transportation services to veterans to medical appointments arranged or conducted by the U.S. Department of Veterans Affairs during the calendar year for which a grant is paid.

(d) The applicant may not allocate any portion of the grant for use by a county department for a purpose that is not an integral part of its transportation services delivery system and may not reduce funding to a county veterans service office based upon receipt of the grant.

(e) The applicant agrees to cooperate in any review and audit of grant expenditures by the department, including the provision of any relevant single audit documents that establish that grant funds previously received have been audited by the applicant.

(3) Grant amount. The amount of a grant for each applicant shall be determined based upon the number of miles that eligible veterans were transported by the applicant during the 12-month period ending on June 30 of the year in which the application is submitted, or, if the applicant qualifies under sub. (4), the number of miles that eligible veterans are expected to be transported by the applicant during the subsequent calendar year, as determined by the department. Each eligible applicant shall be entitled to a grant based upon its pro rata share of miles claimed by all eligible applicants, except that a grant may not exceed the unreimbursed expenditures of the applicant for transportation services for the grant year.

(4) New or expanded veterans transportation programs. If a county did not operate a veterans transportation program during the entire 12-month period ending on June 30 of the year in which the application is submitted, or if a county proposes to expand an existing program by increasing the number of miles that veterans are transported by at least 50%, it may submit an application based on the number of estimated miles it expects to transport veterans during the subsequent calendar year. The applicant shall submit a statement which outlines the applicant’s proposed transportation program for the calendar year for which the grant is sought, including an itemization of the amount budgeted for the program, a description of the manner in which the applicant will coordinate and schedule trips, a description of the methods of transportation, an estimate of the number of miles veterans will be transported during the grant year, and a statement of the program fees, if any, which will be assessed to the veteran who receives the transportation services. The department may subsequently reduce future grants to recover any portion of a grant that is calculated using estimated miles to the extent the estimated miles exceed actual miles driven by the applicant during the grant year.

History

CR 02-091: cr. Register November 2002 No. 563, eff. 12-1-02; CR 06-020: am. (1), (2) (d) and (3), cr. (4) Register July 2006 No. 607, eff. 8-1-06.

Wis. Admin. Code § VA 16.03 Recovery of grant {#sec-va-16.03 omnilex-key=us-wi-regs-official--agency-va--VA 16.03}

The department may recover all or a portion of a grant upon review and audit if it is determined that the grant was erroneously awarded or that the applicant that received the grant failed to comply with any program requirements or whose projected unreimbursed expenditures were not met during the calendar year. The department may recover the overpayment through any appropriate action, including reducing or denying future grant awards.

History

CR 02-091: cr. Register November 2002 No. 563, eff. 12-1-02.

Chapter VA 17 MILITARY FUNERAL HONORS PROGRAM

Wis. Admin. Code § VA 17.01 Definitions {#sec-va-17.01 omnilex-key=us-wi-regs-official--agency-va--VA 17.01}

In this chapter:

(1) “Department” means the department of veterans affairs.

(2) “Military funeral honors coin” means a coin created by the department for presentation with a flag during military funeral honors.

(3) “Military funeral honors team” means a team of individuals employed by the department for the purpose of providing military funeral honors.

(4) “Veterans organization” means a local unit of a member organization of the council of veterans programs, as identified in s. 15.497 (2), Stats.

History

CR 03-110: cr. Register March 2004 No. 579, eff. 4-1-04.

Wis. Admin. Code § VA 17.02 Process for arranging military funeral honors {#sec-va-17.02 omnilex-key=us-wi-regs-official--agency-va--VA 17.02}

Except as provided under s. VA 17.04, a funeral director or a family member may initiate a request for military funeral honors by contacting the department. Upon verification of the individual’s eligibility through a review of the individual’s discharge documents or other trustworthy documentation, the department shall coordinate the provision of military funeral honors under s. VA 17.03.

Note: Military funeral honors may be requested by contacting the department at (877) 944-6667.

History

CR 03-110: cr. Register March 2004 No. 579, eff. 4-1-04.

Wis. Admin. Code § VA 17.03 Provision of military funeral honors {#sec-va-17.03 omnilex-key=us-wi-regs-official--agency-va--VA 17.03}

The following types of honors may be rendered for a deceased veteran:

(1) Basic honors. The department shall arrange for the attendance at a funeral of at least 2 uniformed service representatives. At least one of these representatives shall be from the branch of service of the deceased. Taps shall be sounded and a flag shall be folded and presented to the next of kin. Taps may be sounded in person or with the aid of an electronic device provided by a military funeral honors team, military service personnel, or a veterans organization.

(2) Full honors. Upon the request of the family and when available, the department shall arrange for a firing detail of at least three individuals in addition to the honors provided under sub. (1).

History

CR 03-110: cr. Register March 2004 No. 579, eff. 4-1-04.

Wis. Admin. Code § VA 17.04 Military funeral honors at state veterans cemeteries {#sec-va-17.04 omnilex-key=us-wi-regs-official--agency-va--VA 17.04}

Military funeral honors shall be provided at a cemetery operated by the department under s. 45.51 or 45.61, Stats., unless a family directs the department not to perform any honors. The family shall be notified of the department’s intent to provide military funeral honors when the burial arrangements are being made.

History

CR 03-110: cr. Register March 2004 No. 579, eff. 4-1-04; correction made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687; 2013 Wis. Act 189: am. Register April 2014 No. 700, eff. 5-1-14.

Wis. Admin. Code § VA 17.05 Eligibility, reimbursement and training and certification for providing military funeral honors {#sec-va-17.05 omnilex-key=us-wi-regs-official--agency-va--VA 17.05}

(1) Eligibility. In order to receive reimbursement for providing military funeral honors, a veterans organization shall do all of the following:

(a) Complete and file with the department a Taxpayer Identification Number Verification Form.

(b) Submit a request for reimbursement on a form developed by the department, within 90 days of providing military funeral honors.

Note: Taxpayer identification number verification forms and stipend reimbursement forms may be obtained at no charge from the State of Wisconsin, Department of Veterans Affairs, PO Box 7843, Madison, Wisconsin 53707-7843 or by calling (877) 944-6667.

(2) Reimbursement.

(a) Reimbursement to veterans organizations for providing military funeral honors shall be as follows:

If a single veterans organization provides basic honors, $25.
If a single veterans organization provides full honors, $50.
If 2 or more veterans organizations participate in providing full honors and one of the organizations provides a firing detail, $50. The organizations may request that the department split the reimbursement.
If 2 or more veterans organizations participate in providing basic honors, $25. Payment shall be to one veterans organization, as determined by the department.

(b) A veterans organization may not receive an honorarium or donation or request payment from the funeral home or the family for military funeral honors for which reimbursement is sought under this section.

(c) Notwithstanding par. (a) the department may not reimburse a veterans organization if federal funding is available to reimburse the veterans organization for providing military funeral honors. The veterans organization shall request reimbursement from federal sources. If a veterans organization receives federal funding for providing military funeral honors at one funeral in a day, the department may reimburse the organization for the provision of military funeral honors at any additional funerals on that day.

Note: Information regarding federal funding sources for military funeral honors may be obtained by contacting the department at (877) 944-6667.

(3) Training and certification. Effective July 1, 2004, a veterans organization shall satisfactorily complete or be scheduled for a training and certification program approved by the department to be eligible to receive reimbursement for providing funeral honors. As a continuing condition of eligibility for reimbursement, a veterans organization having a 60% or greater turnover in personnel in a 12 month period or identified by the department as failing to meet minimal requirements in the provision of military funeral honors shall undergo and successfully complete a refresher training program approved by the department.

History

CR 03-110: cr. Register March 2004 No. 579, eff. 4-1-04.

Wis. Admin. Code § VA 17.06 Military funeral honors coin {#sec-va-17.06 omnilex-key=us-wi-regs-official--agency-va--VA 17.06}

At the request of a veterans organization, the department may authorize a veterans organization to present a military funeral honors coin to the family in conjunction with the provision of military funeral honors under the following circumstances:

(1) A veteran organization shall be scheduled or have satisfactorily completed the funeral honors training and certification program approved by the department.

(2) A veterans organization shall agree to purchase the coins directly from the vendor approved by the department or from the department.

History

CR 03-110: cr. Register March 2004 No. 579, eff. 4-1-04.

Chapter VA 18 EDUCATIONAL ASSISTANCE PROGRAM

Wis. Admin. Code § VA 18.01 Definitions {#sec-va-18.01 omnilex-key=us-wi-regs-official--agency-va--VA 18.01}

In this chapter, the following terms shall have the designated meanings:

(1) “Department” means the department of veterans affairs.

(2) “Home” means the Wisconsin Veterans Homes at King and Union Grove.

(3) “Stipend” means an educational assistance payment made to an individual under s. 45.50 (2m) (f), Stats.

(4) “Veteran” means an individual as defined in s. 45.01 (12), Stats.

History

CR 04-037: cr. Register September 2004 No. 585, eff. 10-1-04.; corrections in (3), (4) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687; CR 17-024: am. (intro.), (3) Register April 2020 No. 772, eff. 5-1-20; correction in (intro.) made under s. 35.17, Stats., Register April 2020 No. 772.

Wis. Admin. Code § VA 18.02 Eligibility, application procedure, stipend amount, and agreement {#sec-va-18.02 omnilex-key=us-wi-regs-official--agency-va--VA 18.02}

(1) Eligibility. An individual may apply to the department to receive a stipend. An applicant shall be eligible to receive a stipend provided all of the following criteria are met:

(a) The applicant has been accepted into an accredited nursing program at an approved school in accordance with ch. N 1 and, if the nursing program is longer than 2 years, the applicant has earned sufficient credits in the nursing program so that the department may reasonably conclude that the applicant will attain the credential necessary to become employed by the department at a veterans home as a licensed practical nurse or registered nurse within 2 years of receipt of an initial stipend payment.

(c) If the applicant has completed courses towards the required credentials at the time of application, the applicant must be a student in good standing, as verified by the school.

(d) The applicant agrees to enter into a written agreement under sub. (4).

(e) The applicant is determined suitable to be employed as a licensed practical nurse or registered nurse at a veterans home.

(2) Application procedure. An individual may file an application with the department on a form approved by the department. The applicant shall provide sufficient information to establish that the applicant meets the eligibility criteria of sub. (1). The department shall periodically evaluate applications and interview those applicants who meet the eligibility criteria. Subsequent to an interview, the department shall certify an applicant who meets the eligibility criteria for a 6-month period. The department may provide a stipend to a certified applicant upon the applicant’s execution of an agreement under sub. (4). If the payment of stipends to all currently certified applicants would deplete the funds available for the payment of stipends, the department may give priority to certified applicants who are veterans or dependents of veterans.

Note: Application forms may be obtained from the Veterans Home at N2665 County Road QQ, King, Wisconsin 54946-0600, telephone number (715) 258-4249.

(3) Stipend amount. The department may award a stipend to a certified applicant of up to $5,000.00 per semester to a full-time student and $2,500.00 per semester to a part-time student. The initial stipend payment shall be provided within 60 days of the execution of the written agreement entered into under sub. (4). Subsequent stipend payments shall be provided in separate payments for each semester attended by the applicant, subject to the conditions of the written agreement entered into under sub. (4). The amount received as a stipend shall be disregarded by the department in determining the applicant’s entitlement to a grant under s. 45.20 or 45.21, Stats.

(4) Agreement. The department and the applicant shall enter into a written agreement signed by the applicant prior to the payment of a stipend. The agreement shall identify the terms of participation for the department and applicant. Specifically, the agreement shall require that the applicant refund a prorated amount of the stipend if any of the following apply:

(a) The applicant fails to satisfactorily complete a semester or course that precludes the applicant from completing the nursing program within the time period designated in the agreement.

(b) The applicant fails to maintain the status of a nursing student in good-standing, as verified by the school.

(c) The applicant fails to accept or maintain employment as a licensed practical nurse or registered nurse with the department for the time period designated in the agreement.

History

CR 04-037: cr. Register September 2004 No. 585, eff. 10-1-04; CR 17-024: r. and recr. (1) (intro.), cons. and renum. (1) (a) and (b) to (1) (a) and am., cr. (1) (e), am. (2), (3), (4) (a) to (c) Register April 2020 No. 772, eff. 5-1-20.

Wis. Admin. Code § VA 18.03 Administrative review {#sec-va-18.03 omnilex-key=us-wi-regs-official--agency-va--VA 18.03}

Any department decision under this chapter is subject to appeal under s. VA 1.03.

History

CR 04-037: cr. Register September 2004 No. 585, eff. 10-1-04; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687.