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This entry was published on 2023-04-07
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SECTION 1
Definitions
Veterans' Services (VET) CHAPTER 13, ARTICLE 1
§ 1. Definitions. When used in this article:

1. The term "department" means the department of veterans' services.

2. The term "state commissioner" means the New York state commissioner
of veterans' services.

3. The term "veteran" means a person who served on active duty in the
uniformed services of the United States, or in the army national guard,
air national guard, or service as a commissioned officer in the public
health service, commissioned officer of the national oceanic and
atmospheric administration or environmental sciences services
administration, cadet at a United States armed forces service academy,
and who has been released from such service under other than
dishonorable conditions.

4. The term "uniformed services" means the army, navy, marine corps,
air force, space force, coast guard, public health commissioned corps,
and the national oceanic and atmospheric administration commissioned
officer corps of the United States.

5. The term "local director" means the director of a county or city
veterans' service agency.

6. The term "county director" means a local director of a county
veterans' service agency.

7. The term "city director" means a local director of a city veterans'
service agency.

8. The term "qualifying condition" means a diagnosis of post-traumatic
stress disorder or traumatic brain injury made by, or an experience of
military sexual trauma, as described in 38 USC 1720D, as amended from
time to time, disclosed to, an individual licensed to provide health
care services at a United States Department of Veterans Affairs facility
or an individual licensed to provide health care services within the
state of New York. The department shall develop a standardized form used
to confirm that the veteran has a qualifying condition under this
subdivision.

9. The term "discharged LGBT veteran" means a veteran who was
discharged less than honorably from the uniformed services due to their
sexual orientation or gender identity or expression, as those terms are
defined in section two hundred ninety-two of the executive law, or
statements, consensual sexual conduct, or consensual acts relating to
sexual orientation, gender identity or expression, or the disclosure of
such statements, conduct, or acts, that were prohibited by the branch of
the uniformed services at the time of discharge. The department shall
establish a consistent and uniform process to determine whether a
veteran qualifies as a discharged LGBT veteran under this subdivision,
including, at a minimum, standards for verifying a veteran's status as a
discharged LGBT veteran, and a method of demonstrating eligibility as a
discharged LGBT veteran.