Section 699.5 Of Chapter 1. Department Of Veterans Affairs From California Military And Veterans Code >> Division 4. >> Chapter 1.
699.5
. (a) The department may assist every veteran of the United
States and the dependent or survivor of every veteran of the United
States in presenting and pursuing the claim as the veteran,
dependent, or survivor may have against the United States arising out
of military service and in establishing the veteran's, dependent's,
or survivor's right to any privilege, preference, care, or
compensation provided for by the laws of the United States or of this
state. The department may cooperate and, with the approval of the
Department of Finance, contract with any veterans service
organization, and pursuant to the contract may compensate the
organization for services within the scope of this section rendered
by it to any veteran or dependent or survivor of a veteran. The
contract shall not be made unless the department determines that,
owing to the confidential relationships involved and the necessity of
operating through agencies that the veterans, dependents, or
survivors involved will feel to be sympathetic toward their problems,
the services cannot satisfactorily be rendered otherwise than
through the agency of the veterans organization and that the best
interests of the veterans, dependents, or survivors involved will be
served if the contract is made.
(b) (1) The Legislature finds and declares that services provided
by veterans service organizations play an important role in the
department's responsibilities to assist veterans and their dependents
and survivors in presenting and pursuing claims against the United
States, and that it is an efficient and reasonable use of state funds
to provide compensation to veterans service organizations for these
services.
(2) The Legislature further finds and declares that paragraph (1)
shall not be implemented by using the General Fund until the annual
budget for county veterans service officers reaches a minimum of five
million dollars ($5,000,000). This subdivision shall not be
construed to preclude the use of federal funding in implementing
these provisions.
(c) Veterans service organizations that elect to contract with the
department in accordance with this section shall document the claims
processed each year by the veterans service officers employed by the
veterans service organization at offices located in California. The
documentation shall be in accordance with procedures established by
the department.
(d) The department shall determine annually the amount of monetary
benefits paid to eligible veterans and their dependents and
survivors in the state as a result of the work of the veterans
service officers of the contracting organizations. Beginning on
January 1, 2006, the department shall, on or before January 1 of each
year, prepare and transmit its determination for the preceding
fiscal year to the Department of Finance and the Legislature. The
department shall also identify federal sources to support the efforts
of veterans service organizations pursuant to this section. The
Department of Finance shall review the department's determination in
time to use the information in the annual Budget Act for the budget
of the department for the next fiscal year.
(e) For purposes of this section:
(1) "Survivor" means any relation of a deceased veteran who may be
entitled to make a claim for any privilege, preference, care, or
compensation under the laws of the United States or this state based
upon the veteran's war service.
(2) "Veterans service officer" means an individual employed by a
veterans service organization and accredited by the United States
Department of Veterans Affairs to process and adjudicate claims and
other benefits for veterans and their dependents and survivors.
(3) "Veterans service organization" means an organization that
meets all of the following criteria:
(A) Is formed by and for United States military veterans.
(B) Is chartered by the United States Congress.
(C) Has regularly maintained an established committee or agency in
a regional office of the United States Department of Veterans
Affairs in California rendering services to veterans and their
dependents and survivors.