S2314

An Act establishing a process for a veteran to qualify for certain veterans’ benefits, and supplementing chapter 3 of Title 38A of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. As used in this section:

“Discharged veteran with a qualifying condition” means a veteran who was discharged less than honorably from the Armed Forces of the United States, or of a Reserve component thereof, and has a qualifying condition.

“Qualifying condition” means (1) a diagnosis of post-traumatic stress disorder or traumatic brain injury made by, or (2) an experience of military sexual trauma as described in 38 U.S.C. s.1720D disclosed to, an individual licensed to provide health care services at a United States Department of Veterans Affairs facility.

b. All veterans who were separated from military service with a less than honorable discharge and who have a qualifying condition may submit a request, on a form established pursuant to subsection c. of this section, to the Department of Military and Veterans’ Affairs, to be considered for eligibility as a discharged veteran with a qualifying condition.

At no time shall a fee be charged to a veteran for seeking assistance with obtaining, completing, or submitting the form established by subsection c. of this section.

c. The Department of Military and Veterans’ Affairs shall:

(1) create an eligibility form, available in both paper and electronic versions, for veterans seeking to become qualified as a discharged veteran with a qualifying condition;

(2) conspicuously display the form created in paragraph (1) of this subsection on the home page of the department’s website;

(3) create, publish, and distribute material to all public agencies of the availability of the form and resources on how to complete the form;

(4) establish a consistent and uniform process to determine whether a veteran qualifies as a discharged veteran with a qualifying condition which shall include, at a minimum, standards for verifying a veteran's status as a discharged veteran with a qualifying condition and a method of demonstrating eligibility as a discharged veteran with a qualifying condition; and

(5) create and maintain a database for all submitted eligibility forms which shall include, at a minimum, the status of the veteran’s form, the final determination of the submitted veteran’s form, and the reason for such determination.

d. The Adjutant General shall make a final determination on whether a veteran meets the qualifications of a discharged veteran with a qualifying condition. The Adjutant General shall adjudicate an appeal from any veteran disputing the decision of the Adjutant General as to whether such veteran meets the qualifications of a discharged veteran with a qualifying condition. The determination of the Adjutant General shall be binding on all parties.

e. A veteran who is deemed eligible by the Adjutant General as a discharged veteran with a qualifying condition shall be afforded the same rights, privileges, and benefits authorized by State law, rules, and regulations to veterans who were discharged or released under conditions other than dishonorable, provided all other requirements for such rights, privileges, and benefits are met.

f. Information related to the form established in this section shall be confidential and not accessible to the public as a government record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.), except that the number of forms submitted, the number of veterans whose submissions have been approved, and the branch of the United States Armed Forces, or of the Reserve component thereof, of the veteran shall be accessible as a government record.

g. The Adjutant General shall, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt any rules and regulations as the Adjutant General deems necessary to carry out the provisions of this section.

2. This act shall take effect immediately.

STATEMENT

This bill requires the Department of Military and Veterans’ Affairs (DMVA) to establish a form for veterans to qualify as a discharged veteran with a qualifying condition to receive certain veterans’ benefits.

Many veterans have received "less than honorable discharges", also known as bad papers, as a result of Traumatic Brain Injury (TBI), Post-Traumatic Stress Disorder (PTSD), or Military Sexual Trauma (MST). Too many veterans have been shamed, and left without the federal benefits they earned. These veterans also lost their rights to state benefits. This bill will help ensure that such veterans in New Jersey receive the State benefits and respect that they deserve. Several states have passed similar laws restoring the benefits of these veterans including New York and Connecticut.

This bill creates a process for these veterans to qualify for various State benefits. DMVA would create a form to determine if a veteran qualifies as a “discharged veteran with a qualifying condition.” The term is defined in the bill. The form would be posted on the DMVA website and available in electronic and paper versions. Veterans would request, complete, and return the form to the DMVA. No fee would be charged to the veterans.

The DMVA would create and maintain a database of these forms and establish a consistent and uniform process to determine whether a veteran qualifies as a discharged veteran with a qualifying condition, including, at a minimum, standards for verifying a veteran's status as a discharged veteran with a qualifying condition, and a method of demonstrating eligibility as a discharged veteran with a qualifying condition. Information related to the form would be confidential and not accessible to the public as a government record. However, the number of forms submitted, the number of veterans whose submissions have been approved, and the branch of the Armed Forces, or of the Reserve component thereof, of the veteran would be accessible as a government record.

The Adjutant General would make the final determination on whether the veteran meets the qualifications of a discharged veteran with a qualifying condition. The Adjutant General would also adjudicate an appeal from any veteran disputing the decision of the Adjutant General as to whether such veteran meets the qualifications of a discharged veteran with a qualifying condition. The determination of the Adjutant General would be binding on all parties.

A veteran who is deemed eligible by the Adjutant General as a discharged veteran with a qualifying condition would be afforded the same rights, privileges, and benefits authorized by State law for veterans who were discharged or released under conditions other than dishonorable, provided all other requirements for such rights, privileges, and benefits are met.