Determination of Eligibility

(1) Residence. The veterans’ agent shall make the initial determination of the residence of an applicant for veterans’ benefits. The Secretary shall decide all controversiesamongtowns, or between an applicant and a veterans’ agent, regarding the applicant’s residence. Veterans’ agents may take applications on behalf of their counterparts in adjoining cities and towns, but shall not be responsible for providing benefits, which are the responsibility of the city or town where the applicant resides. (2) Homeless Applicant. An applicant lacking a present abode shall be required to provide an affidavit stating his identity, his last place of residence, and his intention to establish an abode within the city or town in which he applies. (3) Veterans’ Agent’s Determination and Recommendation. The veterans’ agent shall determine an applicant’s eligibilityand need for benefits on the basis of information obtained fromthe applicant and through the agent’s own investigation. The veterans’ agent then shall make a determination on the type and level of benefits, if any, which shall be granted to the applicant unless the determination requires prior approval. The veterans’ agent shall not deny an application for benefits on the ground that it does not present a situation conforming to a pattern for which there are predetermined standards of assistance. The determination of a veterans’ agent that an applicant is or is not eligible for or does or does not need veterans’ benefits shall be supported by adequate evidence. The determination and recommendation of the veterans’ agent shall be made available in writing to the applicant and shall include factssupporting the determination and recommendation and reference to the applicable statutes or regulations. (a) The veterans’ agent shall notdeny an application or withhold benefits payments solely because of delays in the administrative or investigatory process. (b) Whenever the veterans’ agent determines that an application shallbe approved, he or she shall promptly send written notification to the applicant on a Notice of Determination form prescribed by the Secretary advising the applicant of the amount ofbenefits to be provided and the effective date, and the applicants’ right of appeal if dissatisfied with the amount or the effective date of benefits.