Title 86 W. Va. C.S.R.

Veterans' Affairs Veterans' Affairs

Series 01 State Home For Veterans

W. Va. Code R. § 86-1-1 General

1.1. Scope. -- These regulations establish general rules for the operation of the State Home for Veterans at Barboursville, West Virginia.

1.2. Authority. -- W. Va. Code §9A-2-3.

1.3. Filing Date. -- February 26, 2010.

1.4. Effective Date. -- March 30, 2010.

1.5. Repeal and Replace. -- This rule supersedes and replaces procedural rule filed January 19, 1979.

W. Va. Code R. § 86-1-2 General Plan of Filing

2.1. General purposes. -- The general purpose of these rules and procedures is to establish who is a qualified veteran and the processes involved in the operation of the West Virginia Home in Barboursville.

W. Va. Code R. § 86-1-3 West Virginia Veterans Home in Barboursville

3.1. The law authorizing the establishment of the West Virginia State Home for Veterans is published in the forward of this section.

3.2. A qualified veteran is defined as follows:

3.2.1. A qualified veteran must be ambulatory and independent in all activities of daily living such as eating in an open mess, dressing, bathing, self-medicating and light housekeeping. The Home will assist the eligible veteran who suffers from a disability, disease or defect, to such a degree that they are incapacitated from substantial gainful employment, but who are not in need of hospitalization or nursing care services.

3.2.2. Served on active duty with the armed forces of the United States during a period of declared war. Any veteran discharged since September 7, 1980, must have served a minimum of twenty-four (24) consecutive months on active duty.

3.2.3. Priority will be established for a veteran who was a resident of the State of West Virginia for one (1) year or more immediately prior to the date of application, or was a resident of the State of West Virginia at the time of enlistment or induction as documented by Department of Defense Form 214.

3.2.4. Was discharged from active duty with an Honorable Discharge or a General Discharge Under Honorable Conditions. All veterans discharged since May 8, 1975, must have an Honorable Discharge.

3.3. Applications for admission should be made at the nearest field office of the West Virginia Division of Veterans Affairs or the Registrar's office at the Veterans Home. A completed admissions package will be presented to the Admissions Committee at the Veterans Home for evaluation. The Admissions Committee will recommend approval or disapproval to the Home Administrator whose decision will be final. Those veterans found to have a medical or psychiatric condition which requires continuous clinical care will be rejected and so informed. Those veterans approved for admission will be notified as to date and time to report to the Veterans Home for processing. Upon arrival at the Veterans Home, the applicant will be examined by an appointed physician. The physician will recommend admission or rejection based upon the results of the physical examination. The veteran, after successfully completing the physical examination, will then be officially admitted as a resident of the facility.

3.3.1. The veteran must provide proof of service when making application. VA Form 10-10(RS) must be submitted with the application. To apply for readmission, the same procedure applies as for an original admission.

3.4. Each resident will be required to contribute toward their maintenance based solely upon their monthly income. This contribution formula will be prescribed by the Veterans Home Administrator.

3.5. A resident who has been discharged from the Veterans Home under an Involuntary status will not be permitted to apply for readmission for a period of one year from the date of discharge. Residents discharged on a voluntary basis will be permitted to apply for readmission 90 days from their date of discharge. Residents discharged from the Home for medical reasons are eligible to apply for readmission whenever their condition improves sufficiently to permit reentry.

W. Va. Code R. § 86-1-4 Leaves of Absence, Furloughs, or Discharges

4.1. Passes are authorized for a period of time not to exceed 72 hours within any consecutive seven (7) days.

4.2. Furloughs are defined as any non-medical absence which is greater than 95 consecutive hours. Furloughs must be pre-approved by the Registrar or his designee. Residents are permitted to take 30 days of furlough during the prescribed 12 month period.

4.3. Discharges from the Veterans Home are divided into three categories: voluntary, involuntary and medical.

4.4. Residents requesting a voluntary discharge must submit, in writing, such request and complete all necessary procedures as outlined in current resident manual.

4.5. Involuntary discharges are issued whenever resident misconduct so merits.

4.6. Medical discharges are made after consultation with appropriate medical personnel who deem resident physically or mentally inappropriate for continued residency.

W. Va. Code R. § 86-1-5 Discipline

5.1. The Veterans Home Administrator or his/her designee will hear all cases of misconduct and will pass judgement according to the nature of the infraction. The decision of the Administrator or his/her designee will be final.

5.2. The Administrator will be assisted in the enforcement of the Rules and Regulations by the Registrar and by one (1) other employee of the Home, who will be selected by the Administrator.

5.3. The following are examples which constitute grounds for disciplinary action to be taken: (these completely supersede 5.4 and 5.5 of existing code)

5.3.1. AWOL for any period of time.

5.3.2. Habitual intoxication on premises.

5.3.3. Disorderly conduct.

5.3.4. Gambling on premises.

5.3.5. Any act of a violent nature.

5.3.6. Transporting or possession of alcohol or unauthorized drugs on premises.

5.3.7. Transporting or possession of weaponry on premises.

5.3.8. Habitual lack of compliance with Home policies.

5.3.9. Writing or speaking false charges against another.

5.3.10. Creating dissension.

5.3.11. Theft and vandalism.

5.3.12. Any and all violations as deemed appropriate by the Home Administrator or his/her designee.

W. Va. Code R. § 86-1-6 Floor Leaders

6.1. A floor leader will be a resident of the Home, will be selected by the Administrator or his/her designee, and will be responsible for a specific resident area.

6.2. Floor leaders will be responsible for completing a daily census of the residents in their assigned areas and reporting same to the Registrar on a daily basis, seven (7) days a week. Floor leaders will assist administration with the observance of all rules and regulations of the facility.

6.3. Floor leaders will report to nursing personnel any resident in need of medical attention who is unable to come to the nursing area.

6.4. Floor leaders will inspect their respective areas and report any gross violation of hygiene, safety and/or noncompliance.

6.5. Floor leaders will submit such reports and perform related duties as described by the Registrar.

6.6. Floor leaders will accompany the Registrar or his/her designee whenever so directed for the purpose of entering resident's quarters.

W. Va. Code R. § 86-1-7 Clothing

7.1. Any resident admitted to the Home in need of clothing will be directed to the Home clothing room. Donated clothing received by the Home will be made available to all residents regardless of income. Donated clothing distributed to any resident becomes their personal property.

W. Va. Code R. § 86-1-8 Medical Care

8.1. A complete clinical record will be kept under the direction of the Director of Nursing as approved by the contract physician.

8.2. Residents in need of nursing assistance will report to the nursing station for proper disposition. In the event of a medical emergency, nursing service will notify the proper authorities.

8.3. All residents are assumed to be capable of rational and competent decisions. However, resident refusal to follow a prescribed course of treatment may result in disciplinary action up to and including involuntary discharge.

W. Va. Code R. § 86-1-9 Burials

9.1. The remains of deceased veterans will be sent to the local U. S. Department of Veterans Affairs Medical Center for certification of death. Nursing personnel will immediately notify next of kin, if known, and also notify the Registrar's office.

9.2. All personal effects not claimed by the residents designee as indicated on the personal property form, will be removed and placed in storage by the Registrar and the Storekeeper. Small items of special value will be placed in the Home safe. All cash will be turned in to the fiscal department for safekeeping. Personal property not claimed within 60 days may be disposed of in an appropriate manner such as given to other needy veterans or service agencies or simply discarded.

W. Va. Code R. § 86-1-10 General

10.1. Fire drills will be held at least once each calendar month, under the direction of the Veterans Home Safety Officer.

10.2. The Administrator or his/her designee will arrange for nondenominational church services to be held each Sunday. Hours of the service will be announced.

10.3. The loan of money by officers, employees or residents of the Home will not be permitted, whether or not interest is charged.

10.4. The Veterans Home Administrator shall designate the person and place for safekeeping of resident valuables. There shall be no charge for this service and no loss should ever be sustained by any resident whose valuables have been so deposited. All valuables thus retained will be recorded and a deposit ticket reflecting the items given to said resident.

10.5. The Registrar regulates the housing in the West Virginia Veterans Home in Barboursville.

10.6. The West Virginia Veterans Home in Barboursville, 512 Water Street, Barboursville, West Virginia 25504 is the official address of the home.

W. Va. Code R. § 86-1-11 Report of Administrator to Division of Veterans Affairs

11.1. The Administrator of the Veterans Home shall submit to the Director of the Division of Veterans Affairs, a monthly report of all disbursements by the Home and of other matters pertaining to the general operations of the Home as required by the Director of the Division of Veterans Affairs.

W. Va. Code R. § 86-1-12 Administrator May Accept Gifts, Donations or Bequests

12.1. The Veterans Home Administrator or his/her designee, for and in behalf of the Veterans Home, is hereby authorized to accept or receive any donations, gifts or bequests offered or tendered to, or for the benefit of the Veterans Home. All such monies received or accepted shall be used for the specific purposes for which they were given or donated. This authority shall apply and be retroactive to any or all gifts, donations or bequests heretofore tendered, offered or made.

86CSR1

Series 02 State Home For Veterans-Fiscal

W. Va. Code R. § 86-2-1 General

1.1. Scope. -- This rule governs the funding matters related to the State Home for Veterans of Barboursville, West Virginia.

1.2. Authority. -- W. Va. Code '9A-2-3.

1.3. Filing Date. -- April 22, 1996.

1.4. Effective Date. -- April 22, 1996.

1.5. This rule repeals and replaces the Division of Veterans Affairs Rule, State Home for Veterans 86CSR2.

W. Va. Code R. § 86-2-2 Federal Aid Accepted For Veterans Home

2.1. The Veterans Home shall meet the federal standard for domiciliary care as prescribed by 38 USC 641.

W. Va. Code R. § 86-2-3 Veterans Home Operating Fund, Consolidated Federal Funds Veterans Home Fund - Moneys For The Maintenance Of The Veterans Home to Be Deposited With State Treasurer

3.1. The State Treasurer shall receive money which may become payable to this State by the United States Department of Veterans Affairs provided through per diem payments and grants. The Treasurer shall deposit the money to the credit of the Consolidated Federal Funds Veterans Home Fund for the use and benefit of the Veterans Home.

3.2. The Director of Veterans Affairs and the Administrator of the Veterans Home shall establish accounts and funds control as are required by state statutes to receive and disburse moneys applicable to the veterans home, including, but not limited to the following Special Revenue Accounts.

(1) The Consolidated Federal Funds Veterans Home Fund -- This fund shall consist of:

(a) Moneys recovered from the federal government through the grant program for renovation and construction; and, (b) Per diem payments received from the federal government for daily care of veterans.

(2) The West Virginia Veterans Home Contribution Fund --This Fund shall consist of donations and bequests to be expended for recreation for residents and special projects as directed by individual donor from miscellaneous organizations including, but not limited to, the following organizations and sources:

(a) Claimed and unclaimed estates;

(b) Any veterans organization;

(d) Wills; and (e) Commissions from vending machines at the Veterans Home.

(3) The West Virginia Veterans Home Operating Fund -- This Fund shall consist of:

(a) Contributions from residents to defray the costs of room and board. The Veterans Home Administrator shall place the contributions in the appropriate Special Revenue Account. These funds shall be carried over from year to year until expended or the account is closed. These funds shall be placed in interest bearing accounts, where appropriate, with the interest accruing to the specific account involved; and, (b) Receipts from cash payments for food service.

(c) All moneys withdrawn from the Veterans Home Operating Fund shall be authorized on the basis of an abstract approved by the Administrator in accordance with policies established by the Director of Veterans Affairs. Transfers of funds drawn upon the State Treasurer against the Veterans Home Operating Fund for transfer to an account in a state bank for disbursement shall be prepared by the Department of Administration upon approval of the transfer by the Home Administrator.

W. Va. Code R. § 86-2-4 Contribution For Residents Of Home. - Creation of Special Fund

4.1. Each resident of the Veterans Home shall pay a monthly residents fee to the home. The fee shall be based on a resident's monthly income. The resident's fee shall be 50% of his or her monthly income provided that the residents contribution shall not exceed the cost of the residents care. For the purposes of this section the term "monthly income" includes monthly income from all sources including, but not limited to, social security benefits, retirement benefits, veterans benefits, etc. The Veterans Home Administrator and the Administrative Committee may from time to time, recommend that the Division Director propose amendments to this section setting forth the residents fee. The Administrator or his or her designee shall collect the residents fee monthly.

86CSR2

Series 03 Procedural Rules And Regulations For The operation Of The WV Division Of Veterans Affairs

W. Va. Code R. § 86-3-1 General

1.1. Scope. -- These regulations establish the general rules, regulations and procedures of the Division of Veterans Affairs and all its sub-elements.

1.2. Authority. -- W. Va. Code '9A-1-10.

1.3. Filing Date. -- February 20, 1992.

1.4. Effective Date. -- March 22, 1992.

1.5. All veterans who have served in the armed forces of the Unites States -- in the Army, Air Force, Navy, Marine Corps, or Coast Guard -- as defined by the United States, and whose separation therefrom has been other than dishonorable, and their widows, dependents or orphans who are, or have become, citizens and residents of this state, shall be entitled to and shall receive, the aid, assistance, counsel, and advice of this division with respect to their rights and interests under the laws of the United States, this state, or any other state, as provided by Chapter 9-A, 109, Code of West Virginia.

1.6. There shall not be any distinction between persons of any race, creed, color, sex, or political affiliation, in the administration of this law and these rules and regulations.

1.7. No member of this division shall engage in the practice of law in connection with any claim. The Director shall call upon the State Attorney General, or the respective County Prosecuting Attorney, for such legal services as may be required to effect the purpose of this law.

1.8. The Director, the Veterans Affairs Chief, and such assistants as may be designated by the Director, who are full-time employees of this agency, shall have the right to be appointed by any veteran, spouse of veteran and survivors, as defined by Article 9A-1-1, to act as the claimants representative under the terms and conditions required by the laws of the United States, the rules of any federal agency, the laws of this state, or any other state, in connection with the claim, or claims filed by such persons.

W. Va. Code R. § 86-3-2 Duties of the Director

2.1. The Director shall be the Executive Secretary of the Veterans Council of the Division of Veterans Affairs, and, as such, shall arrange for all council meetings, recommending time and place, and shall be the custodian of all official records of the council.

2.2. The Veterans Council shall be the governing body of the Division of Veterans Affairs, and, as such, formulate and promulgate all policies of the division. The Director is responsible to the Council for carrying out all policies formulated by said Council.

2.3. The Director is charged with the administrative responsibility for all budget and fiscal matters of the division, and is required to furnish to the Veterans Council reports and recommendations as necessary which deal with appropriations and expenditures.

2.4. The Director will recommend to the Veterans Council for their consideration any changes in these rules and regulations deemed appropriate to the division and to the veterans it serves for approval prior to implementation.

2.5. It is the responsibility of the Director to see that all employees of the Division render service of the highest quality to the veterans, dependents or survivors of the State of West Virginia and that all personnel have the ability, knowledge and fitness to efficiently, impartially, and with understanding effectuate the purpose of this regulation. The Director shall be responsible for proper training of employees and shall hold refresher courses for such employees as deemed necessary.

W. Va. Code R. § 86-3-3 Employment Policies

3.1. All employees except the Director and Administrator of the Barboursville Veterans Home will be employed in accordance with State Division of Personnel rules and regulations.

3.2. No appointing authority shall influence or attempt to influence the employment or working conditions of his/her relatives. It shall be the responsibility of the appointing authority to administer the employment of relatives of any agency employee in a consistent and impartial manner. No employee shall directly supervise a relative. More specifically, no employee shall review or audit the work of a relative, take part in discussions concerning employment, assignment, compensation, discipline or related matters involving a relative. In the event that an individual, through marriage, adoption, etc. is placed in a prohibited business relationship with a relative, the situation must be resolved within thirty (30) calendar days. Resolution may be made by transfer, reassignment, resignation, dismissal, etc. of one of the involved employees.

W. Va. Code R. § 86-3-4 Personnel

4.1. In accordance with Article XVI of the Division of Personnel regulations, all employees of the Division of Veterans Affairs are prohibited from engaging in political activities.

4.2. No employee of this division shall hold any elective office in any veterans organization, however, an appointment to serve in a non-remunerative office, or appointment as a member of a non-remunerative committee of any veterans organization of which he is a member is permissible provided that such participation does not interfere with his/her official performance of this division and that any absence in conjunction with said appointment must be duly authorized from work and will be charged to annual leave. The Veterans Council believes that constant contact with veterans organizations by the personnel of this division will be beneficial to and will aid in maintaining a high degree of efficiency between said veterans organizations and this division. Before accepting an appointment to any non-remunerative office or committee, the individual employee must submit a written request, through channels, to the Director.

4.3. Dress Code The public judges the Division of Veterans Affairs by its employees as well as its services. You as the first line of contact who the public sees should endeavor to be neatly groomed to present a professional appearance. Veterans Affairs Officers will be required to dress in appropriate attire, coat (it attending a meeting), tie and dress trousers (no jeans). Mustache/beard, if worn, must be neatly trimmed. Clerks will be required to wear appropriate attire (no jeans). When out in public, coats/jackets will be worn as well as ties. (Exemption on coats during summer weather). This code, is not to harass, but to ensure you are a professional who takes pride in his work and himself.

4.4. Office Etiquette (a) Veterans Affairs Officers:

Courtesy: The only reason for your position existing within the division is to help that veteran, his widow/widower, or his orphan, with their respective problem regarding veterans benefits. You should, therefore, be extremely courteous to the people at all times. You may have a quantity of veterans problems, but to the person requesting your assistance, you have only one important problem, which is his/her problem.
Interviews: Take time to ascertain what your claimant desires. Explain to that person what he may expect from your office. Make very sure, he understands we are the State Division of Veterans Affairs and that you are not in the employ of the federal agency, US Department of Veterans Affairs. Make doubly sure that the claimant understands that you personally, or the division in general, do not grant monetary benefits or make the decisions granting VA compensation or pension. Take time to explain your role as an accredited representative. Always remember, you have a Veterans Affairs Chief who will assist you with any problem you need assistance with, and if he personally does not have an answer for you, he will obtain the information you need. Never guess at an answer, if you are not sure, be truthful, then take time to look up the answer. If you impart wrong information, it could possibly cost the claimant hundreds of dollars in benefits, as well as it may reflect on you, and become a subject of embarrassment later.
Office and Itinerant Hours: Maintain your office hours as posted. Keep your itinerant hours as scheduled. In case of an emergency that requires cancellation make sure that both the itinerant point and the administrative office are advised. Be on time at your scheduled itinerant, if you have car trouble which will make you arrive late, be sure and telephone your itinerant contact and let them know.
Public Relations: Become known in your area. Become acquainted, not only with the various veterans service organizations in the communities you serve, but to other civic, fraternal and state and county service organizations, such as Employment Security, Welfare, and the local medical profession. These contacts will make your job much easier.

(b) Clerks:

Answer your telephone by saying State Division of Veterans Affairs, "Good Morning" or "Good Afternoon", whatever the case might be and add "May I help you?". Always be very courteous both in your telephone conversations and in your personal office contacts. Usually, you will make the first impression, and your personality will generally reflect the personality of your office.When your "Boss" is out of the office on business, know where he is and when he may be expected to return.

4.5. Attendance and Leave (a) Attendance and leave of all employees of this division shall be applied in accordance with Appendix A of these regulations.

(b) All employees will have their annual leave request approved by their immediate supervisor in advance of the desired absence.

W. Va. Code R. § 86-3-5 Office Procedures

5.1. In order to comply with administrative regulations of the State of West Virginia and to expedite the handling of veterans claims in a manner consistent with the responsibility with which we are charged, all personnel will comply with the uniform procedures as set forth in Division Office Procedures.

Future changes in office procedures necessary to adjust to constantly changing procedures of federal and state government will not constitute a change in these Division Regulations.

86CSR3

Series 04 VA Headstones Or Markers

W. Va. Code R. § 86-4-1 General

1.1. Scope. -- To establish guidelines for the administration of funds and payment for veteran headstones or markers.

1.2. Authority. -- W. Va. Code §29-22A-10.

1.3. Filing Date. -- April 27, 2005.

1.4. Effective Date. -- April 28, 2005.

W. Va. Code R. § 86-4-2 Definitions

2.1. "Agency Application Form" means form prepared by the WV Division of Veterans Affairs for use in determining eligibility for said funds.

2.2. "Applicant" means a person who submits an application for financial assistance in setting of US Department of Veterans Affairs grave marker.

2.3. "Designated Agency" means an agency, department, division or office of state or local government, or a program supported by state funds, which is designated to provide financial assistance.

2.4. "Indigent Widow/Next of Kin" means survivor responsible for setting US Department of Veterans Affairs furnished headstone or marker and whose income is within the US federal poverty levels.

2.5. Means Test and Geographic-based Means Test Threshold means the threshold established by the Department of Veterans Affairs, Veterans Health Administration, and used to qualify applicants for headstones or markers. This information is published annually on their website at http://www1.va.gov/vhapublications /publications.cfm?Pub=1, and click on Means Test. See Appendix 1.

W. Va. Code R. § 86-4-3 Priority in Setting Markers

The director of Veterans Affairs shall determine the grave markers that have been in storage at the state's perpetual care cemeteries for the longest period of time and ensure those markers are installed on a priority basis as funding permits.

W. Va. Code R. § 86-4-4 Application Process

4.1. The director of Veterans Affairs shall make application forms available to applicants and shall process completed applications in accordance with a process and eligibility standard implemented by the designated agency. Applications are available by calling Veterans Affairs at (888) 838-2332, or may be obtained at any of the sixteen (16) Regional Offices of Veterans Affairs, or local funeral homes.

4.2. Any family member of a deceased veteran, a licensed funeral home or cemetery may make application, on an application form provided by the director of the Division of Veteran Affairs for an award from the John Jack Bennet Fund.

4.3. The award will pay the cost of the installation of the federal veterans grave marker for an eligible veteran.

4.4. The application shall contain the following information: name of veteran; serial number; date of birth; date of death; enlistment and discharge dates; branch of service and rank; character of discharge; cemetery (name, address, county); grave number (lot, block, section); nearest relative and relatives address; designation of type of headstone, claimants name, address, social security number; applicants monthly income information.

4.5. The director shall within ninety (90) days of receipt of a completed application, notify the applicant of the status of the application and the eligibility of the deceased veteran for an award from the John Jack Bennet Fund. §86-4-5 Eligibility.

5.1. The eligibility of a deceased veteran to receive a John Jack Bennet Fund award shall be based on the following elements:

5.1.1. Period of time the deceased veteran has been buried without having a federal grave marker in place,

5.1.2. Availability of other financial resources for payment of the setting of the federal grave marker, which shall be determined by the Means Test and Geographic-based Means Test Threshold for the calendar year in which the application is made, and

5.1.3. Availability of funds in the John Jack Bennet Fund Account.

5.2. The director of veterans affairs shall make discretionary award determinations based on the factors established in 5.1.1 through 5.1.3.

W. Va. Code R. § 86-4-6 Expenditure of Funds

6.1. Awards shall be based on the fund solvency and shall conform to the West Virginia Public Service Commission Rules for the Government of Fees for Installation of United States Department of Veterans Affairs Grave Markers, 150 CSR 28.

86CSR4