In most cases, if you served in the United States Armed Forces or as a National Guard or Reserve member for the required amount of time, you are eligible for VA benefits. This includes access to health care benefits, education and training opportunities, employment preference, and mortgage assistance.
For example, according to the VA website, Minimum Duty Requirements for Basic Eligibility for VA health care are as follows:
"Veterans who enlisted after Sept. 7, 1980, or who entered active duty after Oct. 16, 1981, must have served 24-continuous months or the full period for which they were called to active duty in order to be eligible. This minimum duty requirement may not apply to Veterans discharged for hardship, early out or a disability incurred or aggravated in the line of duty."
What exactly is a veteran?
Obviously, you need to be a veteran to take advantage of the veteran benefits provided by the VA and other sources, but what exactly does that mean? Are you a veteran if you completed 10 weeks of basic training? What if you served on active duty only briefly before getting hurt and discharged?
As defined by Title 38 of the United States Code, a veteran is "...a person who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable." It also states that "active duty" in this case means full-time duty in the U.S. Armed Forces and does not include training.
So, if you completed basic training and went on to active service, whether or not you receive benefits would depend on your length of service as well as the circumstances surrounding your injury. Of course, you would also need to have been discharged under honorable (or anything other than dishonorable) conditions.
What is entry level separation?
Individuals who separate from the U.S. military before completing 180 days of service, often because of medical reasons, are given an entry level separation (ELS). This is considered an uncharacterized discharge and will be noted under "Character of Service" on your DD214. In most cases, ELS does not qualify for veteran benefits.
Before you apply for benefits, make sure you have your DD214.
Your DD214 is one of the most important documents you possess, especially in terms of applying for veteran benefits, primarily because it lists your Type of Separation, Character of Service, and Narrative Reason for Separation. If you never received your DD214 or can't locate it, you will need to order a copy before you start applying for benefits, since it's one of the first things you will be asked for.
Veteran-owned DD214Direct helps you get the documents you need, when you need them.
Our cutting-edge technology platform and keen knowledge of government protocol and procedure allow us to deliver your documents faster than you could get them on your own. First, we digitize both your request and the returned documents, using electronic signatures to avoid extra time with the postal service. We also integrate email and fax throughout our entire process, while many agencies do not.
To further expedite the process, our team ensures your initial request is filled out properly the first time and includes the necessary supporting documentation so that it doesn't bounce back. In addition, we break up multiple requests (DD214, OMPF, etc.) so that each piece is handled separately and one does not delay the other.
Once your request is processed, DD214Direct becomes your personal advocate, working directly with the agency that holds your records (currently there are about 75 independent agencies) and immediately responding to any agency issues on your behalf. In many cases, DD214Direct is able to advance your request to a higher-priority workflow. Finally, we have team members at many locations to drop off and pick up documents.
Much like paying a small fee to have your taxes done by a professional, DD214Direct provides the service and convenience you’ve been hoping for, plus we make it a lot easier. Once we locate your DD214, we can email you a copy immediately—a service not offered by the government. And tracking your request through us is simple, so you never have to worry about long hold times and inconclusive answers.
Ready to get started? Click here to begin the order process.
Do you ever feel ashamed to call yourself a veteran?
At first, you might answer with a resounding, “No, of course not! I’m proud to have served my country.”
What if you sustained an injury while serving or developed an illness related to your active duty? Are you willing to claim the veteran’s disability benefits owed to you?
Interestingly, this is where many vets draw the line. They’re reluctant to apply for benefits because they didn’t serve for decades or their injury isn’t “extreme.”
Today, you’ll see what it means to the VA to be a veteran. Hopefully, understanding the qualifications will make you more inclined to file a claim to get the disability compensation you need.
Get a Free Consultation Today!
What It Means to Be a Veteran
According to the Code of Federal Regulations, Title 38, someone who has engaged in active service and who was honorably discharged or released “under conditions other than dishonorable” falls under the qualifications of what it means to be a veteran.
Active duty means full time. You were available for duty whenever the federal government needed you – 24 hours per day, 7 days per week. Authorized leave or a pass isn’t part of the equation, so it doesn’t count against you.
Active-duty members are under the US Department of Defense jurisdiction. They can serve in the:
- Army
- Navy
- Air Force
- Coast Guard
- Marine Corps
Anyone who has completed their service for these branches of the armed forces has veteran status. However, some considerations fall outside of that scope and can be eligible for VA disability benefits. They’ll be discussed later in this post.
The VA Benefits Eligibility Chart
The VA provides a disability benefits eligibility chart outlining some of the specifics regarding active duty timelines.
In addition to being honorably discharged, other requirements include:
- Serving two consecutive years, or the length for which you were called to active duty if you enlisted after September 7, 1980
- If you entered active-duty service after October 16, 1981, you completed 24 continuous months of service
The minimum time requirement for active-duty members doesn’t apply if you were discharged because of a disability caused by an injury or illness sustained during your active-duty service. Additionally, if a pre-existing condition was worsened by your service and you were honorably discharged early because of it, the minimum duty requirement doesn’t apply to you.
Minimum duty also doesn’t apply to veterans who:
- Served the armed forces before September 7, 1980
- Received an “early out” or hardship discharge
Here one of our VA disability lawyers goes over the questions Woods and Woods, The Veteran’s Firm, is often asked about veterans’ disability claims and appeals.
FAQs about What Qualifies You for Veteran Status
To be a veteran, you don’t necessarily have to be full-time, active duty 100% of the time – there are some exceptions. You’ll learn more about this as you consider some frequently asked questions about veterans’ disability benefits and what qualifies you for veteran status.
Does the National Guard Count as Military Services?
Many people wonder: Why are National Guard members not considered veterans? It’s a good question because like members of the armed services, men and women of the National Guard serve this country.
However, individual states operate the National Guard, not the federal government. Therefore, it’s not considered one of the branches of the US armed services.
The National Guard falls under two categories:
- The Air National Guard
- The Army National Guard
Members of the National Guard attend military job school under active-duty training, in addition to basic training. Then, they return to civilian life. Once a month, they attend a weekend training. Additionally, they go through 15 training days each year. Though these training days are full-time, their training doesn’t count toward any veteran’s benefits, including disability.
During emergencies, members of the National Guard can be called to active duty.
- Title 10 Call-up: State governors make this order. Since it is a “state duty,” it doesn’t count towards veteran’s benefits.
- Title 38 Call-up: This call to active duty is ordered by the President or Secretary of Defense and is therefore considered “federal duty.” Federal duty does count toward the veteran’s benefits requirements.
Talk to Us About Your Claim:
(866) 232-5777
Are You a Veteran If You Were in the Reserves?
Members of the Reserves support active-duty forces. Each branch of the Department of Defense has a Reserve – the Army, Air Force, Navy, Marine Corps, and Coast Guard.
Upon joining the Reserves, the person attends military job school and basic training full-time. Similar to the National Guard, those in the Reserves resume life as a civilian. Once a month, they attend a weekend training, and once a year, they attend full-time training for a 14-day period. The latter is active-duty training, but it doesn’t count toward veterans’ benefits requirements.
Members of the Reserves can be called to active duty at any time by the President and Secretary of Defense. When this happens, the time served in active duty will count toward their veterans’ benefits requirements, including VA disability.
Here is a video review of one of our clients that was about to have the VA take away his veteran’s disability benefits.
What About the Active Guard/Reserves (AGR)?
AGR members include those of both the National Guard and the Reserves that engage in full-time, active duty. The AGR does the daily work that’s necessary to ensure these units can mobilize at any given time as the need arises.
Since their service is full-time and active duty, it meets the requirements for veterans’ benefits.
Am I a Veteran If I Was Discharged During Basic Training?
Basic training is an important part of active-duty service. Therefore, it counts toward the qualifications for veteran status.
What if you were in the process of fulfilling your contractual obligation but were unable to complete it? If you’re discharged before you could finish basic training, does that negate your veteran status?
Typically, it’s taken on a case-by-case basis. For example, let’s say someone joined the military and during basic training, they sustained an injury that resulted in a life-long disability. Their discharge order would come before they finished their training, but because they sustained an injury during active duty, they are classified as a disabled veteran and will receive disability compensation.
Do I Have to Be Honorably Discharged?
For all intents and purposes, yes, you need to have been honorably discharged. However, if you got bad paper, there’s a chance you’re still considered a veteran. General under honorable discharge means you received mixed reviews as it pertains to your behavior. You may have been exemplary in some circumstances, while in others you displayed poor conduct or character.
Other reasons for discharge – and those that deem a person not worthy of veteran status – include:
- Other Than Honorable discharge (OTH)
- Bad Conduct discharge
- Dishonorable discharge
Can You Get Disability With a General Discharge?
I Have a DD214. Am I a Veteran?
A DD214 is a certificate of release, retirement, or discharge from active duty. It’s proof of your military service. The certificate shows the dates of your active service, current classification, and the nature of your discharge.
Do National Guard members get a DD214? Not necessarily. The National Guard has different discharge forms. However, upon their retirement, some National Guard and Reserve members will receive a DD214.
Getting the Right Forms for Your VA Disability Application
Your Illness/Injury and Your VA Disability Rating
VA disability benefits aren’t black and white – you have this illness, so you get this much money. Instead, there’s a rating system that’s used to determine your benefits based on several criteria, such as:
- The type of injury
- How it impacts your life/ability to work
- If it’s gotten progressively worse over the years
Some veterans are reluctant to apply for disability benefits because they don’t feel their illness or injury is “that bad” when compared to others. Or perhaps they feel like they’ve done “something wrong” since their disability or illness is getting worse.
The human body doesn’t go by anyone’s timeline. You can deal with a new symptom right now that is actually linked to an injury that happened 30+ years ago.
Tinnitus is a common symptom that falls into this category. Vets don’t realize that the ringing in their ears and hearing loss that just started was triggered by an injury (though “minor”) that happened while they were in active service decades ago.
Other issues related to military service that vets might not realize are knee issues or alcoholism. If it’s related to your military service and it’s negatively impacting your life, you can apply for disability and win.
Tinnitus and Hearing Loss – The Most Common VA Disability
How a VA Disability Attorney Can Help Raise Your Rating
Having a VA disability lawyer in your corner is vital to getting the full level of compensation you’re owed. The team at Woods and Woods, The Veteran’s Firm, can review your medical history, see if it’s possible to raise your VA disability rating, and help you submit an accurate claim.
In addition to helping you submit claims, they can fight for you if your claim is denied. They’ll investigate to determine if the VA made an error and appeal your case before the Board of Veterans’ Appeals (BVA).
Family owned and operated, Woods and Woods, LLC has been helping veterans (and spouses of deceased service members) increase their VA disability ratings and appeal denied claims for 35 years.
A behind the scenes look at who works for you at Woods and Woods, The Veteran’s Firm
If You’re a Disabled Veteran, You Deserve Compensation
The severity of your injury or illness doesn’t qualify you for being a veteran. It is simply a measurement used to determine how much disability you can receive. Once you pass the qualifications for being a veteran, you’re a veteran. And as a vet, you’re entitled to compensation for illness or injury sustained during your service.
Try to avoid comparing yourself, your service, or your illness/injury to that of other veterans or even those portrayed in the movies. Your service is valued and appreciated. To honor you, provisions have been made to care for your needs. Uncle Sam wants to do this for you, so take advantage of the benefits provided through the VA. You deserve disability benefits no matter how “minor” your illness or injury may seem.
The legal team at Woods and Woods, The Veteran’s Firm, appreciates your service and is honored to now have the opportunity to serve you. They’ll work hard to get you the exact benefits you’re eligible to receive. If you have any questions about your eligibility, don’t hesitate to contact us. Our team is happy to answer your questions and walk you through the process.
Still not sure if you should file a disability claim? Check out our online benefits rating calculator to see how much you could be eligible to receive from the VA.
Get a Free Consultation Today!