§26.1. National Guard and State Guard death and disability benefits
A. Purpose. The purpose of this Section is:
(1)To establish an effective and efficient mechanism for providing death and
disability benefits for Louisiana National Guardsmen and Louisiana State Guard members
called to active duty service by the governor or the president of the United States.
(2)To govern the submission, evaluation, and determination of claims submitted
pursuant to this Section.
B. Definitions. As used in this Section, the following terms shall have the following
meanings unless a different meaning is clearly required by context:
(1)"Beneficiary", unless otherwise designated by the deceased guardsman as set
forth in this Section, means the person or persons designated by the guardsman on DD Form
93, as e
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§26.1. National Guard and State Guard death and disability benefits
A. Purpose. The purpose of this Section is:
(1) To establish an effective and efficient mechanism for providing death and
disability benefits for Louisiana National Guardsmen and Louisiana State Guard members
called to active duty service by the governor or the president of the United States.
(2) To govern the submission, evaluation, and determination of claims submitted
pursuant to this Section.
B. Definitions. As used in this Section, the following terms shall have the following
meanings unless a different meaning is clearly required by context:
(1) "Beneficiary", unless otherwise designated by the deceased guardsman as set
forth in this Section, means the person or persons designated by the guardsman on DD Form
93, as eligible to receive the death gratuity from DoD pursuant to 10 U.S.C. 1475 et seq.
(2) "Course of business" means the performance of the business of the military forces
of the state of Louisiana or the United States.
(3) "DD Form 93" means the record of emergency data executed by every member
of the LANG pursuant to DoD policies and regulations.
(4) "Disabled or disability" means a physical condition affecting the ability of a
guardsman to secure and follow a substantial and gainful occupation by reason of a service-connected injury or illness.
(5) "DoD" means the United States Department of Defense.
(6) "Guardsman or guardsmen" means a person who was an officer or enlisted
member of the Louisiana National Guard or Louisiana State Guard and, for purposes of this
Section's disability benefits, who was discharged or released from all periods of federal and
state service under honorable or general under honorable conditions.
(7) "Initial rating decision" means the first disability rating decision by the United
States Department of Veterans Affairs on the guardsman's first-filed claim for
service-connection of injuries.
(8) "LANG" means the Louisiana National Guard.
(9) "Period of activation" means service during any declared national emergency or
contingency operations as defined by 10 U.S.C. 101(a)(13), or during any period of state
active duty ordered by the governor of the state of Louisiana pursuant to R.S. 29:7, within
any of the following:
(a) That period, subsequent to September 11, 2001, for which the governor of the
state of Louisiana orders a guardsman into state active service pursuant to R.S. 29:7.
(b) That period, subsequent to September 11, 2001, for which the president of the
United States orders a guardsman into active military duty, pursuant to 32 U.S.C. 502(f)(1).
(c) That period, subsequent to September 11, 2001, for which the president of the
United States orders a guardsman to federal active duty pursuant to 10 U.S.C. 12301, 12302,
or 12303.
(10) "Qualifying claim" means an application for benefits by a guardsman or
beneficiary for a qualifying death or disability incurred during a period of activation in the
line of duty, and meeting the documentation requirements of this Section.
(11) "Qualifying disability" means a one hundred percent permanent total disability
rating, or a permanent and total unemployability disability rating as determined by the United
States Department of Veterans Affairs and certified by the Louisiana secretary of veterans
affairs in a final adjudication of the initial rating decision or as determined or certified by the
proper state entity that adjudicates such claims for guardsmen in accordance with the
workers' compensation law of this state. A qualifying disability shall be certified by the
Louisiana secretary of veterans affairs or his designee. As provided for in this Paragraph, the
initial rating decision shall not apply to a United States Department of Veterans Affairs rating
decision which predates service in the Louisiana National Guard.
(12) "Qualifying subsequent disability" means after the initial rating decision, the
combination of service-connected ratings of all injuries the guardsman incurred during a
period of activation, as well as any other injuries service-connected on a secondary basis to
those injuries incurred during a period of activation, reaches a one hundred percent
permanent total disability rating, or a permanent and total unemployability disability rating
as determined by the United States Department of Veterans Affairs.
C. Claims for benefits. (1) All claims for death benefits provided for under this
Section shall be submitted to the Louisiana National Guard for national guard members and
the Louisiana Military Department for Louisiana state guard members. All claims for
disability benefits shall be submitted to the Louisiana Department of Veterans Affairs.
(2) Each death benefit claim request shall include all of the following
documentation:
(a) The guardsman's signed state military death beneficiary designation form, or in
the absence thereof, a signed DD Form 93.
(b) DD Form 1300 Department of Defense Report of Casualty, or a valid death
certificate issued by the state of the guardsman's domicile.
(c) A copy of the guardsman's state or federal orders or a copy of the guardsman's
DD Form 214.
(d) A death benefit claim form signed by the claimant and certified by the adjutant
general or his designee.
(3) Each claim for a disability benefit shall include all of the following
documentation:
(a) A copy of the guardsman's state or federal orders or a copy of the guardsman's
DD Form 214.
(b) The guardsman's initial rating decision and any subsequent rating decisions
reached by the United States Department of Veterans Affairs and certified by the Louisiana
secretary of veterans affairs or his designee.
(c) A disability rating decision reached by the proper state entity that adjudicates
such claims for guardsmen in accordance with the workers' compensation law of this state
and certified by the Louisiana secretary of veterans affairs or his designee.
(d) A disability benefit claim form signed by the claimant and certified by the
secretary of the Louisiana Department of Veterans Affairs or his designee.
D. Benefits available. (1) During periods of activation, subsequent to September
11, 2001, of a guardsman ordered by the governor or by the president of the United States,
benefits in a lump-sum amount of two hundred fifty thousand dollars for a qualifying death,
one hundred thousand dollars for a qualifying disability, and fifty thousand dollars for a
qualifying subsequent disability shall be paid by the state to a guardsman or his beneficiary,
when such death or disability occurs during a period of activation in the line of duty as
required by this Section. Such benefits shall be paid only when funds are available, having
been appropriated for the purpose.
(2) No guardsman shall be eligible to receive benefits pursuant to the provisions of
this Section if any of the following occur:
(a) An investigation determines that a killed or injured guardsman was not in the line
of duty at the time of death or injury.
(b) The guardsman is killed or injured while in any training status pursuant to this
Title or Title 32 of the United States Code, except training pursuant to 32 U.S.C.
502(f)(2)(A).
E. Determination of eligibility for payment of benefits. (1) A qualifying death
benefit eligibility and certification shall be made by the adjutant general of LANG, or his
designee.
(2) A qualifying disability or qualifying subsequent disability shall be determined
by the United States Department of Veterans Affairs or by the proper state entity that
adjudicates such claims for guardsmen in accordance with the workers' compensation law
of this state and certified by the secretary of the Louisiana Department of Veterans Affairs
or his designee.
(3) Payment to an eligible recipient for a qualified claim for a death benefit shall be
made by the Military Department, state of Louisiana after certification of eligibility and
request for payment are made as required by this Section.
(4) Payment to an eligible recipient of a qualified claim for a disability benefit shall
be made by the Louisiana Department of Veterans Affairs after a determination by the United
States Department of Veterans Affairs and certification of eligibility by the secretary of the
Louisiana Department of Veterans Affairs, and request for payment as required by this
Section.
F. Beneficiary designation by guardsmen. (1) Each member of LANG and the
Louisiana State Guard shall complete and execute a state military Death Benefit Beneficiary
Designation Form which shall contain the name of the beneficiary or beneficiaries of the
guardsman's death benefit under this Section to whom this benefit shall be paid in a lump
sum. In the absence of the Death Benefit Beneficiary Designation Form, a DD Form 93 shall
be used.
(2) All designation forms shall be signed by the guardsman before a witness in the
grade of E-7 or above in the LANG or Louisiana State Guard who shall also sign the form.
(3) All designation forms shall be kept in the personnel files of the LANG and the
Louisiana State Guard in the regular course of business.
NOTE: See Acts 2011, No. 406, §3, relative to application.