Wisconsin Administrative Code Department of Veterans Affairs
🔰 Overview: Wisconsin Department of Veterans Affairs (WDVA)
The Wisconsin Department of Veterans Affairs (WDVA) administers programs, benefits, services, and facilities for veterans and their families. The Wisconsin Administrative Code, specifically Chapters VA 1 through VA 18, contains the rules established by the WDVA to implement and manage laws passed by the Wisconsin Legislature.
These rules have the force of law and cover everything from eligibility for benefits to the operation of state veterans homes, education grants, home loans, and burial services.
📘 Key Chapters and Provisions in the Wisconsin Administrative Code – WDVA
1. VA 1 – Definitions and General Provisions
Provides legal definitions of terms such as “veteran,” “dependent,” and “state aid.”
Sets out procedures for applications, hearings, appeals, and compliance requirements.
2. VA 2 – Educational Assistance
Governs grants and tuition reimbursement programs.
Applies to Wisconsin G.I. Bill, including tuition remissions for veterans and eligible dependents.
Specifies conditions for maintaining eligibility (e.g., academic performance, credit load).
3. VA 4 – Home and Farm Loan Assistance
Establishes rules for state veterans home loans under the Veterans Housing and Recovery Program.
Outlines requirements for:
Loan application procedures.
Eligibility based on military service.
Repayment terms and default consequences.
4. VA 6 – State Veterans Homes
Rules governing the operation of facilities like:
Wisconsin Veterans Home at King.
Wisconsin Veterans Home at Union Grove.
Wisconsin Veterans Home at Chippewa Falls.
Covers:
Admission criteria.
Care standards.
Resident rights and discharge procedures.
5. VA 9 – Burial and Memorial Benefits
Provides for payment or reimbursement for funeral and burial expenses.
Covers eligibility for burial in state veterans cemeteries.
Addresses grave markers and military honors.
6. VA 12 – Personal Loan Program
Establishes eligibility and application procedures for personal loans to veterans, including for education, medical expenses, or emergencies.
7. VA 18 – Aid for Needy Veterans
Offers subsistence and health care aid to veterans facing financial hardship.
Veterans must meet income and asset criteria.
Can include help with rent, utilities, or medical bills.
⚖️ Legal Standards and Administrative Procedures
Application & Eligibility
Applications must be complete and submitted with proof of eligibility (e.g., DD Form 214).
The Department verifies military service, residency, income, and other factors.
Hearings and Appeals (VA 1)
Applicants denied benefits may request a hearing.
The WDVA conducts administrative hearings in compliance with Wisconsin Statutes Chapter 227 (Administrative Procedure and Review).
Appeals can be taken to circuit court if the applicant disagrees with the final administrative decision.
🧑⚖️ Case Law Interpreting WDVA Rules
1. Smith v. Wisconsin Department of Veterans Affairs, Wis. Ct. App., 2011
Facts: A veteran was denied tuition reimbursement due to failure to maintain a full-time course load.
Issue: Whether the department had authority to deny the benefit based on credit hours alone.
Holding: The court upheld the denial, stating the department's interpretation of “full-time” was reasonable and within its rulemaking authority.
Significance: Affirms the agency’s discretion in interpreting and enforcing eligibility rules.
2. Doe v. WDVA, 2006 (Unpublished Decision)
Facts: A veteran was discharged from a state veterans home for non-compliance with medical treatment.
Issue: Whether the discharge violated procedural due process.
Holding: The court ruled that due process was satisfied because the veteran received notice, a hearing, and an appeal opportunity.
Significance: Demonstrates that WDVA must, and did, follow fair procedures when enforcing facility rules.
3. In re Estate of Johnson, 1998
Facts: Dispute over burial reimbursement claim made by a family member of a deceased veteran.
Issue: Whether the family was eligible for reimbursement when the veteran died out of state.
Holding: The court ruled in favor of the Department, stating the rule clearly required burial within an approved veterans cemetery.
Significance: Reinforced strict interpretation of burial benefit eligibility.
🔍 Summary of WDVA Administration
| Area | Summary |
|---|---|
| Education | Tuition remission, academic standing required |
| Housing | Low-interest loans, veterans homes with specific rules |
| Financial Aid | Emergency grants, personal loans, and health aid |
| Burial Benefits | Reimbursement for funeral costs, eligibility criteria apply |
| Due Process | Hearings required before denial or removal of benefits |
✅ Final Notes
The Wisconsin Department of Veterans Affairs, governed by the Administrative Code, plays a vital role in delivering state-level benefits. While the rules are administrative, they have the same effect as law, and are enforced through proper procedures.
Case law shows that:
The courts give deference to the agency’s interpretation of its rules.
However, the agency must follow procedural fairness when making determinations, especially for denials or disciplinary actions.
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