Basic Eligibility for VA Benefits
The start of any inquiry for VA benefits starts with whether the claimant is a “veteran.” Read on for more information about how VA determines veteran status for VA benefits!
A “veteran” is defined in law as “a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under condition other than dishonorable.” 38 U.S.C. §101(2).
“Active” service is further defined as “full-time duty in the Armed Forces,” including the U.S. Army, Navy, Marine Corps, Air Force, Coast Guard, and Space Force (and their respective Reserve components). 38 U.S.C §101(10);(21).
However, active service also includes “active duty for training” performed by a member of the Reserve components, or any period of active duty for training (particularly if an injury occurred during such orders). 38 U.S.C §101(22);(24).
These basic provisions also extend to full-time commissioned officers of the Reserve Corps of the Public Health Service or the National Oceanic and Atmospheric Administration. 38 U.S.C. §101(21)-(22).
For National Guard personnel, active duty includes full-time duty when the member is activated under certain sections of Title 32 of the U.S. Code, or when active under Title 10 of the US Code. This is commonly referred to being “federalized,” and under either activation (Title 32 or Title 10), members serve with the same pay and benefits as activity military members. Examples of Title 32 service could include activations to respond to National emergencies. Examples of Title 10 service could include overseas deployments in support of combat operations.
However, as with any system of laws – there are always nuances and exceptions. For example, there are some periods of “inactive duty for training,” that may result in veteran status, as well as service as a cadet in a U.S. Military Academy.
Sometimes, the most important inquiry is whether the member had an injury while under the government orders – be that full-time active duty service, active duty for training, or inactive duty for training.
Ready to start your claim, or have questions about your VA benefits? Grab your DD-214 (or NGB-22) and let us help you determine if you might be eligible for VA benefits.