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2000 SESSION
Whereas, Harold Dugan was drafted into the United States Army on February 20, 1968; and
Whereas, at the time Harold Dugan entered the armed forces he was a resident of Alexandria, Virginia; and
Whereas, on June 1, 1976, Harold Dugan received an honorable discharge from the United States Army; and
Whereas, on November 24, 1997, Harold Dugan was informed by the Veterans’ Administration of the United States (VA) that he had been issued a 100 percent disability rating; and
Whereas, the 100 percent disability rating reached back to an effective date of September 15, 1994; and
Whereas, the Virginia War Orphans Education Program (the program) was established to provide educational assistance for children of veterans who meet certain requirements including that each child requesting educational assistance must be no less than sixteen years of age and no more than twenty-five years of age; and
Whereas, Harold Dugan has four children, Christopher, William, Jamie and Heather; and
Whereas, Christopher Dugan, the oldest child, was born on October 25, 1970; and
Whereas, in December 1997 Christopher Dugan, the oldest son of Harold Dugan, submitted an eligibility application to the Virginia Department of Veterans’ Affairs (DVA) which administers the program; and
Whereas, in January 1998 the DVA informed Christopher Dugan that he was not eligible for the program because he was twenty-seven years old at the time the application was submitted; and
Whereas, at the time of the September 15, 1994, effective date for Harold Dugan’s 100 percent disability status Christopher Dugan was twenty-three years old and would have qualified for eligibility under the program; and
Whereas, the over-three-year delay in processing of the disability rating resulted in Christopher Dugan being beyond the age of eligibility even though the claim was filed shortly after his father was informed by the VA of the rating; and
Whereas, Harold Dugan’s other three children have received educational assistance from the program; and
Whereas, Christopher Dugan has no other means to obtain relief except by action of this body; now, therefore,
Be it enacted by the General Assembly of Virginia:
1. § 1. That the Director of the Department of Veterans Affairs is hereby directed to examine the eligibility application submitted by Christopher Dugan and determine whether he meets the eligibility requirements, notwithstanding his age. If Christopher Dugan meets the eligibility requirements, the Director shall determine the amount of educational assistance he is entitled to pursuant to subsection A of § 23-7.4:1, subject to the execution by Christopher Dugan of a release of all claims he may have against the Commonwealth or any agency, instrumentality, office, employee or political subdivision in connection with the aforesaid occurrence.