This is a Veteran’s Preference Program established by Chapter 35B of the Code of Iowa. This office was established to assist veterans and their eligible dependents who are legal residents of Black Hawk County.
Rickie L. Cox, J. Mark Linda,
Vilas L. Morris, Marsha K. Tovar,
Larry D. Walters
Black Hawk County
COMMISSION OF VETERAN AFFAIRS
1407 Independence Avenue
Pinecrest Building First Floor
Waterloo Iowa 50703
Bennie E. Spain
(319) 291-2645 FAX
GENERAL POLICIES OF THE
BLACK HAWK COUNTY VETERAN AFFAIRS COMMISSION
THE COMMISSION, THE EXECUTIVE DIRECTOR/ADMINISTRATOR AND STAFF OBSERVE VETERAN/ELIGIBLE DEPENDANT CONFIDENTIALITY. ALL VETERAN INTAKE INFORMATION IS CONFIDENTIAL. ALL REPRESENTATIVES OF THE VETERAN/DEPENDANT MUST PRESENT LEGAL DOCUMENTATION. ALL WHO MAKE INQUIRY OF VETERAN/DEPENDENT INFORMATION MUST PRESENT LEGAL DOCUMENTATION. LEGAL DOCUMENTATION INCLUDES, BUT IS NOT LIMITED TO, POWER OF ATTORNEY DOCUMENTATION, SIGNED RELEASES OF INFORMATION, AND COURT DOCUMENTATION.
SECTION I: DEFINITION OF A VETERAN
A Veteran means a resident of this state who served in the armed forces of the United States and who was discharged under honorable conditions according to Chapter 35.1 Code of Iowa.
SECTION II: ELIGIBILITY
Eligibility will be determined by military discharge review and review of the office application.
Eligible Dependent: means a spouse and/or natural/adopted children of the Veteran. Children must be in the home, under the age of 18 and still in high school.
Local or National Crisis: In the event of a local or national crisis, the Black Hawk County Veteran Affairs Commission can suspend any section of its operating policy.
Veterans/Homeless Veterans: and/or eligible dependents seeking assistance, must provide proof of living within Black Hawk County for a period of 30 days.
Transients: Assistance may be granted on a one-time only basis within a 12-month period.
SECTION III: AREAS OF MONETARY ASSISTANCE
The following areas of assistance may be granted only when funds have been allocated. The Black Hawk County Commission of Veteran Affairs reserves the right to increase or decrease areas, amounts and duration of assistance. If a client is denied assistance, the Veteran/eligible dependent has the right to appeal. If a designated employee made the decision from which the appeal is taken, the appeal shall be to the Director. If the Director made the decision from which the appeal is taken, the appeal shall be to the Commission and the Commission’s decision is final.
The Veteran Affairs Director may exceed the established allowances and/or eligibility criteria if the action is consistent with the Black Hawk County Veteran Affairs Commission mission to ensure that the needs of the Veteran/eligible dependents are met.
A. Food: A food order and/or a food bank referral may be issued. A referral or order may be issued for essential and personal care items.
SECTION IV: BURIAL
B. Shelter: Assistance may be granted on a 30-day basis not to exceed $550.00.
C. Utilities: If assistance is granted it will be enough to keep the utilities on for a 30 day time period.
D. Dental: Assistance requests for dentures, extractions and fillings may be granted.
E. Eye Glasses: This office may provide assistance for eye glasses and an exam, once in a two (2) year period, unless it is a medical necessity.
F. Medication: Medication may be purchased for a thirty (30) day period of time.
G. Telephone: If it is determined that a telephone is of necessity, the monthly cost of one telephone may be allowed.
This office will utilize the Commission’s Burial Policy as approved by the Black Hawk County Board of Supervisors.
SECTION V: CLOTHING/FURNITURE
A clothing/furniture referral may be issued to St. Vincent De Paul, Salvation Army, Goodwill, or any other agency that provides assistance. A clothing/furniture allowance may be provided.
SECTION VI: EDUCATION
Assistance may be granted to qualified Veterans and/or eligible dependents for testing to receive professional certification, professional license renewal, GED, short term training to receive certificates necessary for employment or any other request determined legitimate by the Commission and or its Director.
SECTION VII: HOME REPAIRS
Home repair assistance may be granted in an emergency situation or for safety issues.
SECTION VIII: MEDICAL
The Veteran will be referred to the VA Outpatient Clinic or Hospital. The Commission may provide assistance with medical necessities.
SECTION IX: TRANSPORTATION
Transportation to the Veterans Administration Medical Center may be provided by the Veterans Transportation Van. If the van is not available, a gas slip may be issued. Bus passes or bus tickets may also be provided.
SECTION X: SERVICE WORK
Per Chapter 35B.6 subsection 1 of the Code of Iowa, Service Work is, but is not limited to the following:
(1) Inform members of the armed forces, veterans and their dependents of all federal, state, and local laws enacted for their benefit.
(2) Assist all residents of the state who served in the armed forces of the United States and their relatives, beneficiaries, and dependents
in receiving from the United States and this state any and all compensation, pensions, hospitalization, insurance, education,
employment pay and gratuities, loan guarantees, or any other aid or benefit to which they may be entitled under any law.
Every applicant, whether relief is denied in whole or in part, shall be informed in person, by telephone or by ordinary mail the applicant’s right to appeal such decision. The applicant shall be informed of the method and time by which an appeal may be taken.
1. Any written appeal or communication to the Director or Designated Employee, by or on behalf of an applicant requesting an appeal shall be accepted by the Director or Designated Employee. This appeal must be made within ten (10) working days of the date of decision, provide applicant’s current address and telephone number, and state the reasons for the appeal. The applicant shall be informed immediately in person, by telephone, or by ordinary mail of the time and date of the hearing for the appeal. The applicant and his/her attorney, upon written authorization, should be granted access to his or her case file if requested.
2. If a Designated Employee made the decision from which the appeal is taken, the appeal shall be to the Director.
3. If the Director made the decision from which the appeal is taken, the appeal shall be to the Commission and posted as required by Iowa Code Chapter 21. The appeal shall be heard before the Commission at its next regularly scheduled monthly meeting. Any appeal taken before the Commission shall be closed pursuant Iowa Code Section 21.5(1)(a)(2009) because the identity and particulars of the case are confidential under Iowa Code Section 35B.10 and 35B.12 (2009).
Applicant’s appeal shall be heard ‘de novo’ at the time scheduled in the agenda unless a continuance is requested by the applicant. Applicant shall be permitted to present whatever evidence they desire in support of the appeal, including testimony, having other witnesses testify, offering documentary evidence and reasonable cross examination of other witnesses, if present. The technical rules of evidence shall not apply. The Commission may set reasonable times for the presentation of the parties at any appeal. The applicant’s file shall be admitted into evidence. The Commission may question the applicant. The appeal will be tape-recorded. When the Commission deliberates on the appeal, no parties shall be present.
1. When an appeal is made to the Commission, the Commission will review the request and make a determination if the Director has abused his discretion in denying the Veteran’s request for relief. In the event the Commission finds the Director has abused his or her discretion, the Commission will then determine the appropriate relief to be granted. The Commission may refer the matter back to the Director if further information or action is needed prior to the determination of the amount or type of relief.
In the event the Commission finds that the Director did not abuse his or her discretion in denying relief to the Veteran, the Commission may overrule the Director if the Veteran can demonstrate unusual or exceptional circumstances that would indicate to the Commission that denial of relief would cause extreme hardship for the Veteran. In a determination if relief is going to be granted under the condition of unusual or exceptional circumstances, the Commission must also consider the resources that are available for relief and the affect it would have on other Veterans that may also have needs. Limited resources available to the Commission may limit its ability to grant relief in some situations when consideration is given for expected needs of other Veterans.
2. The decision shall be only on the basis of the evidence submitted. The applicant shall be informed immediately in person, by telephone or by ordinary mail of the decision and the Director will mail a written decision to the applicant’s last known address, if requested. The decision shall state the reasons for action, together with any statute or policy applied. The decision of the Commission shall be final.
ACTIONS OF THE COMMISSION
We as a Commission reserve the right to amend, delete or make revisions to the General Policies contained in this format at a future meeting of our Commissioners.
We as members of the Black Hawk County Commission of Veteran Affairs have adopted the General Policies contained in this format.
Signed to be effective February 3, 2010.
Rick L. Cox, Chairperson
J. Mark Linda, Vice-Chairperson
Larry D. Walters, Secretary
Vilas L. Morris, Member
Marsha K. Tovar, Member
Bennie E. Spain, Executive Director