N.J. Admin. Code § 5A:6-7.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 5A:6-7.2 - Veterans' Catastrophic Entitlement eligibility criteria

(a) In order to be eligible for a Veterans' Catastrophic Entitlement, a veteran must:

1. Have been a legal resident of New Jersey at time of initial induction into the Armed Services of the United States;

2. Provide proof of discharge from the Armed Services of the United States indicating that the character of service was other than dishonorable or undesirable;

3. Be a legal resident of New Jersey at time of application and must reside in the State of New Jersey while in receipt of the entitlement, except for reasons of health or employment;

4. Have suffered loss of sight as a result of serving during World War II or from June 23, 1950 and on or prior to January 31, 1955 or have suffered catastrophic disabilities as listed in (d) below as a result of service during World War II or the Korean Conflict (any time after June 23, 1950 and prior to July 27, 1953) or the Vietnam Conflict (any time after December 31, 1960 and prior to August 1, 1974); and

5. Have served during the following:

i. The Lebanon peacekeeping mission, September 26, 1982 and prior to December 1, 1987;

ii. The Grenada peacekeeping mission, October 23, 1983 and prior to November 21, 1983;

iii. The Panama peacekeeping mission, December 20, 1989 and prior to January 31, 1990;

iv. Operation Desert Shield/Desert Storm August 2, 1990, and prior to February 28, 1991;

v. Operation Northern Watch and Southern Watch, August 27, 1992, and prior to March 18, 2003;

vi. Operation Enduring Freedom, September 11, 2001 and ongoing; and

vii. Operation Iraqi Freedom/New Dawn, March 19, 2003, and ongoing.

(b) Residency is defined as the place where a veteran has a true, fixed permanent home and permanent establishment, and to which, whenever the veteran is absent, there is the intention of returning.

(c) New Jersey residency must be in accordance with the definition of "resident" in 5A:6-2.3.

(d) The veteran must be in receipt of a permanent service-connected disability rating from the United States Department of Veterans' Affairs that resulted from wartime service specified in 38:18-1 and 38:18A-1 for one of seven disabilities recognized to be catastrophic in nature by the Department of Military and Veterans' Affairs. The seven catastrophic disabilities for the Veterans' Catastrophic Entitlement are defined as the following conditions resulting from injury to the spinal cord, skeletal structure, brain or eyes sustained during wartime and through enemy action, an accident or from disease contracted while serving in the Armed Forces of the United States:

1. Loss of sight;

2. Amputation of both hands, both feet or one hand and one foot;

3. Hemiplegia and permanent paralysis of one leg and one arm or either side of the body;

4. Paraplegia and permanent paralysis of both legs and lower parts of the body;

5. Osteochondritis and permanent loss of the use of both legs;

6. Multiple Sclerosis and the loss of use of both feet or both legs;

7. Quadriplegia.

N.J. Admin. Code § 5A:6-7.2

Amended by 49 N.J.R. 3501(a), effective 11/6/2017