| (1) |
As used in this chapter:
Terms Used In Utah Code 71A-4-101- Accredited: means a veterans service organization representative, agent, or attorney to whom authority has been granted by the VA to provide assistance to claimants in the preparation, presentation, and prosecution of claims for VA benefits. See Utah Code 71A-4-101
- Assistance: means an accredited individual providing claimant-specific recommendations or preparing or submitting an application for VA benefits on behalf of a claimant. See Utah Code 71A-4-101
- Claimant: means a person who has filed or has expressed to a service organization representative, agent, or attorney an intention to file a written application for determination of entitlement to benefits provided under United States Code, Title 38, and implementing directives. See Utah Code 71A-4-101
- Department: means the Department of Veterans and Military Affairs. See Utah Code 71A-1-101
- Dependent: A person dependent for support upon another.
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Person: means :Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- VA benefits: means any payment, service, commodity, function, or status entitlement which is determined under laws administered by the VA pertaining to veterans, dependents, and survivors as well as other potential beneficiaries under United States Code, Title 38. See Utah Code 71A-4-101
- Veteran: includes all eligible dependents. See Utah Code 71A-4-101
- Veterans service organization: means an organization or individual accredited by the VA Office of General Counsel or recognized by the department whose purpose is to serve service members and veterans, their spouses, surviving spouses, and children. See Utah Code 71A-1-101
- Writing: includes :Utah Code 68-3-12.5
| (a) |
“Accredited” means a veterans service organization representative, agent, or attorney to whom authority has been granted by the VA to provide assistance to claimants in the preparation, presentation, and prosecution of claims for VA benefits. |
| (b) |
“Assistance” means an accredited individual providing claimant-specific recommendations or preparing or submitting an application for VA benefits on behalf of a claimant. |
| (c) |
“Certify” means to submit in writing to a veteran or the veteran’s dependents certain disclosure forms provided by the department. |
| (d) |
“Claimant” means a person who has filed or has expressed to a service organization representative, agent, or attorney an intention to file a written application for determination of entitlement to benefits provided under United States Code, Title 38, and implementing directives. |
| (e) |
“Non-compliant referral” means referring a veteran’s or a veteran’s dependent‘s original claim for veteran benefits for assistance to an individual who is in violation of the provisions of this chapter. |
| (f) |
“Referring entity” means an individual, business, or organization licensed in this state who refers or assists a veteran or a veteran’s dependents for assistance with an original claim for veteran benefits. |
| (g) |
“VA benefits” means any payment, service, commodity, function, or status entitlement which is determined under laws administered by the VA pertaining to veterans, dependents, and survivors as well as other potential beneficiaries under United States Code, Title 38. |
| (h) |
“Veteran” includes all eligible dependents. |
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