Illinois Administrative Code
Title 95 - VETERANS AND MILITARY AFFAIRS
Part 101 - EDUCATIONAL OPPORTUNITIES FOR CHILDREN OF DECEASED OR DISABLED VETERANS
Section 101.30 - Determination of Eligible Veteran
Universal Citation: 95 IL Admin Code ยง 101.30
Current through Register Vol. 47, No. 52, December 29, 2023
The following criteria will be used to determine whether a veteran's service qualifies his or her children for benefits under this Part:
a) Death
In applications based on the death of a veteran while in eligible service, a determination by the U.S. Department of Defense or the U.S. Department of Veterans Affairs (federal agencies) that the death was service connected will be sufficient.
b) Disability
1) In applications based on the permanent and
total disability of a veteran, a determination by the federal agencies that the
disability was service connected will be sufficient.
2) A veteran will be considerable eligible
when he or she has not received disability compensation because he or she
received retirement pay or other benefits from a federal agency.
3) A service-connected disability rated at
100% by the U.S. Department of Veterans Affairs and continuing for 2
consecutive years will be considered permanent for the purpose of this Part,
and benefits shall continue to be paid as long as the 100% disability and the
child's eligibility continue.
4)
The following conditions will be considered as permanent and totally disabling
without further consideration:
A) Permanent
loss of, or the loss of use of:
i) both feet,
both hands or both eyes;
ii) one
hand and one foot
iii) one foot and
one eye;
iv) one hand and one eye;
or
B) Total loss of
hearing in both ears; or
C) Organic
loss of speech.
c) Claims Based on Service During an Induction Period
1) The standards of the
federal agencies for determining service connection based on peacetime service
will be used when the death or disability resulted from armed conflict or was
directly incurred while engaged in extra-hazardous service, including service
under conditions simulating war.
2)
Except as provided in subsection (c)(1), the cause of disability or death,
either primary or contributory, must be directly from, and the causative factor
must have been the performance of, service while on duty status. This criterion
is met if the death or disability was a result of the performance of duty while
under military order or direction, regardless of whether the duty entailed
risks greater than those of civilian life. It must be reasonably apparent that
the death or disability would not have been incurred if the individual had not
been performing active service.
Amended at 38 Ill. Reg. 7303, effective March 12, 2014
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