73-1245. Service-connected disability determinations; findings; documentation.

450 words·~2 min read·/ks/chapter-73/73-1245

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)As used in this section:

(1)"Non-service-connected" means, regarding disability or death, that such disability was not incurred or aggravated, or that death did not result from a disability incurred or aggravated, in the line of duty in the active military, naval, air or space service.

(2)"Service-connected" means, regarding disability or death, that such disability was incurred or aggravated, or that death resulted from a disability incurred or aggravated, in the line of duty in the active military, naval, air or space service.

(3)"Veteran" means a person who served in the active military, naval, air or space service, including those groups and individuals listed under 38 C.F.R. 3.7, and who was discharged or released therefrom under conditions other than dishonorable.

(b)Findings of a service-connected disability or death by federal officials shall be probative. State agencies and municipalities, as defined in K.S.A. 12-105a , and amendments thereto, shall not:

(1)Request or demand a veteran's private health information for the purpose of determining eligibility for service-connected or non-service-connected disability benefits;

(2)reconsider disability determinations made by:

(A)The secretary of the army, with respect to matters concerning the army;

(B)the secretary of the navy, with respect to matters concerning the navy and the marine corps;

(C)the secretary of the air force, with respect to matters concerning the air force or the space force;

(D)the secretary of homeland security, with respect to matters concerning the coast guard;

(E)the secretary of health and human services, with respect to matters concerning the public health service; and

(F)the secretary of commerce, with respect to matters concerning the national oceanic and atmospheric administration or its predecessor, the coast and geodetic survey;

(3)reconsider the disability determinations made under the authority of a secretary defined in subsection (b)(2) or the secretary of veterans affairs; or

(4)request or demand a veteran voluntarily seek a re-evaluation of such veteran's existing service-connected disability claim.

(c)A veteran or such veteran's surviving family members may be asked to document such veteran's service-connected status regarding the disability or death of such veteran or service member with:

(1)A department of veterans affairs benefits summary letter with service-connected disability marked "yes";

(2)a military service physical evaluation board document, issued under the authority of 10 U.S.C. § 1222(a), with the finding of "unfit for duty"; or

(3)a posthumous purple heart decoration, a military posthumous award citation, military orders or official casualty notification correspondence from the department of defense.

(d)A veteran's percentage of disability evaluation finding shall be disclosed by such veteran or such veteran's family members if germane to the Kansas statutory limitation in question.