Okla. Admin. Code § 770:15-7-4

Current through Vol. 42, No. 3, October 15, 2024

Section 770:15-7-4 - Policies and basis for claims

(a) The Executive Director of the Department of Veterans Affairs or his or her designee shall make final approval of Indigent Veteran Burial Applications.

(1) The approving authority shall determine whether the deceased meets eligibility criteria and approve funds to defray burial costs on a reimbursement basis.

(2) Maximum reimbursement shall not exceed Five Hundred Dollars ($500.00) per indigent veteran.

(3) Reimbursement will be paid from the Indigent Veteran Burial Revolving Fund.

(b) If there are insufficient resources in the Indigent Veteran Burial Revolving Fund, payment will be made from the Oklahoma Department of Veterans Affairs Revolving Fund.

(c) Once funds are available in the Indigent Veteran Burial Revolving Fund the Oklahoma Department of Veterans Affairs may be reimbursed for payments made from the Oklahoma Department of Veterans Affairs Revolving Fund.

(d) The handling, allowing, disallowing and supervision of the Indigent Veteran Burial Revolving Fund is vested in the Headquarters office with the Executive Director.

(e) Review of applications or claims shall be made by a panel of at least 3 members from the Central Office and/or Claims Office staff and recommendations made to the Executive Director for his or her final approval.

(f) The Executive Director shall make a complete investigation of any reported or suspected misrepresentation of eligibility of the deceased. If there is fraud connected with the case, the ODVA Executive Director may deny payment on a current application, suspend future eligibility of the applicant, and may refer unusual cases to the Attorney General for appropriate action.

(g) The Oklahoma Department of Veterans Affairs Executive Director or his or her designee will establish internal operating procedures for the expeditious processing of the claim.

(h) The Department of Veterans Affairs will accept the discharge or statement of service in determining eligibility for the claim. Honorable discharges are accepted without question. For discharge characterizations other than Honorable, or other irregularities regarding CFR 38 statutes, ODVA will ask the Veterans Administration for a determination as to whether or not the veteran meets all the eligibility criteria for all benefits as it pertains to interment.

(i) The procedures in (a) through (h) of this section may include the development of forms, letters of instruction, checklists for the use of review panels, and correspondence to claimants.

Okla. Admin. Code § 770:15-7-4

Adopted by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017