Subchapter D. BLIND VETERANS’ PENSION


Sec.


5.31.    Definitions.
5.32.    Application procedures.
5.33.    Review of applications.
5.34.    Appeals.
5.35.    [Reserved].
5.36.    Effective date of pension.

§ 5.31. Definitions.

 The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

   Act—Title 51 of the Pennsylvania Consolidated Statutes §  7701 (relating to Blind Veterans’ Pension).

   Blind veteran—A person who served in the military or naval forces of the United States, or a women’s organization officially connected therewith, at any time, who gave this Commonwealth as his place of residence when entering the military or naval forces and who, while performing duties connected with the service, suffered an injury or incurred a disease which resulted in loss of vision so that the visual acuity with best correcting lens is 3/60 or 10/200, or equivalent, or less normal vision in the better eye. Less normal vision than 3/60 or 10/200, or equivalent, includes circumstances where the widest diameter of the visual field of the better eye has contracted to such an extent that it subtends an angular distance of not greater than 20°. The term does not include a person separated from the military or naval forces of the United States or a women’s organization officially connected therewith under other than honorable conditions.

   Bureau—The Bureau for Veterans’ Affairs of the Department of Military Affairs of the Commonwealth.

   Department—The Department of Military Affairs of the Commonwealth.

   Military or naval forces—The United States Army, Navy, Marine Corps, Air Force, Coast Guard and the reserve components thereof when engaged in active Federal military service. The term also includes members of the American Merchant Marine in oceangoing service during the period of armed conflict from December 7, 1941 to August 15, 1945, who have a Department of Defense Certificate of Release or Discharge from Active Duty or its equivalent.

Authority

   The provisions of this §  5.31 issued under section 506 of The Administrative Code of 1929 (71 P. S. §  186); and the Military Code, 51 Pa.C.S. §  7701.

Source

   The provisions of this §  5.31 adopted September 10, 1982, effective September 11, 1982, 12 Pa.B. 3090; amended August 23, 1991, effective August 24, 1991, 21 Pa.B. 3813. Immediately preceding text appears at serial page (110348).

§ 5.32. Application procedures.

 (a)  Forms. An application for the Blind Veterans’ Pension shall be made on forms prescribed by the Adjutant General. Forms are available from the following sources:

   (1)  The Department of Military Affairs, Bureau for Veterans’ Affairs, Fort Indiantown Gap, Annville, Pennsylvania 17003-5002 or through the Adjutant General’s Field Office located in Pittsburgh, Philadelphia or Wilkes-Barre.

   (2)  The County Directors of Veterans’ Affairs in each county seat.

   (3)  Veterans’ service organizations.

   (4)  The American Red Cross.

 (b)  Completion and execution of form. An applicant shall complete and sign the application form, certifying to the truthfulness of its contents under 18 Pa.C.S. §  4904 (relating to unsworn falsification to authorities). The signature shall be witnessed and the form dated.

 (c)  Documentation. The applicant shall submit the following documents along with the application form:

   (1)  VA Form 00-3288 or successor form—Request for and consent to Release of Information from Claimant’s Records. This form is needed to obtain information from the applicant’s United States Department of Veterans’ Affairs (V.A.) Records. The current location of the applicant’s V.A. medical records shall be indicated on this form.

   (2)  A copy of the applicant’s Department of Defense Certificate of Release and Discharge from Active Duty or its equivalent covering the period when the applicant sustained the injury or incurred the disease resulting in the applicant’s blindness.

 (d)  Submission of applications. An applicant shall mail or otherwise deliver the completed application, together with supporting documentation, to the following address: Blind Veterans’ Pension, Department of Military Affairs, Bureau for Veterans’ Affairs, Fort Indiantown Gap, Annville, Pennsylvania 17003-5002.

Authority

   The provisions of this §  5.32 issued under section 506 of The Administrative Code of 1929 (71 P. S. §  186); and the Military Code, 51 Pa.C.S. §  7701.

Source

   The provisions of this §  5.32 adopted September 10, 1982, effective September 11, 1982, 12 Pa.B. 3090; amended August 23, 1991, effective August 24, 1991, 21 Pa.B. 3813. Immediately preceding text appears at serial page (110348).

§ 5.33. Review of applications.

 (a)  The Bureau will review applications. The Bureau may request applicants to supply additional information to support the application.

 (b)  The Bureau will notify the applicant in writing of its determination. If the application is approved, the pension will be paid from the effective date established in §  5.36 (relating to effective date of pension). If the application is disapproved, the written notice will state the reasons for the disapproval and inform the applicant of the appeal procedures specified in §  5.34 (relating to appeals).

Authority

   The provisions of this §  5.33 issued under section 506 of The Administrative Code of 1929 (71 P. S. §  186); and the Military Code, 51 Pa.C.S. §  7701.

Source

   The provisions of this §  5.33 adopted September 10, 1982, effective September 11, 1982, 12 Pa.B. 3090; amended August 23, 1991, effective August 24, 1991, 21 Pa.B. 3813. Immediately preceding text appears at serial page (110349).

§ 5.34. Appeals.

 (a)  An applicant may ask the Bureau to reconsider its initial determination within 30 days after notification of the original determination by submitting a written request, together with a statement of reasons or additional information, to the Bureau. After a determination is made on the reconsideration request, notification is sent to the applicant of the outcome.

 (b)  An applicant aggrieved by a determination of the Bureau may appeal to the Adjutant General within 30 days after notification of the Bureau determination. Appeals shall be in writing and shall state the reasons for the appeal.

 (c)  The Adjutant General will adjudicate appeals as provided in 1 Pa. Code Part II (relating to general rules of administrative practice and procedure). When an appeal is docketed, the Adjutant General will appoint a presiding officer to hear the appeal and prepare and file a proposed report in the manner provided by 1 Pa. Code Part II. The Adjutant General will issue the final administrative adjudication of the Department on appeals.

 (d)  Subsection (b) supersedes 1 Pa. Code §  35.20 (relating to appeals from the actions of the staff).

Authority

   The provisions of this §  5.34 issued under section 506 of The Administrative Code of 1929 (71 P. S. §  186); and the Military Code, 51 Pa.C.S. §  7701.

Source

   The provisions of this §  5.34 adopted September 10, 1982, effective September 11, 1982, 12 Pa.B. 3090; amended August 23, 1991, effective August 24, 1991, 21 Pa.B. 3813. Immediately preceding text appears at serial page (110349).

Cross References

   This section cited in 43 Pa. Code §  5.33 (relating to review of applications).

§ 5.35. [Reserved].


Source

   The provisions of this §  5.35 adopted September 10, 1982, effective September 11, 1982, 12 Pa.B. 3090; reserved August 23, 1991, effective August 24, 1991, 21 Pa.B. 3813. Immediately preceding text appears at serial page (110350).

§ 5.36. Effective date of pension.

 A pension will be paid based upon the date when the completed application is received by the Bureau. A pension will be paid from the first day of the month in which an application is received if it is received on or before the 20th day of the month. If the application is received after the 20th day of the month, the pension will be paid for the first day of the next succeeding month.

Authority

   The provisions of this §  5.36 issued under section 506 of The Administrative Code of 1929 (71 P. S. §  186); and the Military Code, 51 Pa.C.S. §  7701.

Source

   The provisions of this §  5.36 adopted September 10, 1982, effective September 11, 1982, 12 Pa.B. 3090; amended August 23, 1991, effective August 24, 1991, 21 Pa.B. 3813. Immediately preceding text appears at serial page (110350).

Cross References

   This section cited in 43 Pa. Code §  5.33 (relating to review of applications).



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