Why Veteran Status Matters For Va Benefits Eligibility
Eligibility and entitlement for VA benefits largely depends on a Veteran Status determination made by the VA, to include length of service, service commitment, and the number of days spent on active duty orders.
Click HERE to review M21-1 Chapter 6 Establishing Veteran Status, to review the complete decision matrix used by VA Raters to determine VA benefits eligibility for National Guard and Reserve members.
Service Members Choose Which Pay To Waive
You should always run the numbers before signing and submitting the document. In most cases, it will be best to waive the VA Disability Compensation. Here is how it works.
You must choose to waive either your VA benefits for the number of days you served in the military or the military pay and allowances you received during your training days. The latter will almost always give the veteran less money.
Remember the number 63 above? That represents the standard number of training days for most members of the Guard or Reserves. If you waive your VA disability compensation payments, you choose to waive 63 days of VA disability compensation. If you choose to waive your military pay from the training days you served, you waive everything you earned from the military from the previous year . Waiving your military compensation is rarely the correct choice.
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secureverb , un·der·gird·ed or un·der·girt, un·der·gird·ing. to strengthen secure, as by passing a rope or chain under and around: to undergird a top-heavy load. to give fundamental support provide with a sound or secure basis: ethics undergirded by faith.
Is predesign a word?
The definition of predesign in the dictionary is to design beforehand or in advance.
What is another word for pre designed?
What is another word for predesigned?
What makes a person prejudice?
Prejudice is formed by one or more of three causes: societys generalizations, ones upbringing and ones twisted conclusion of experiences. They are formed by stereotypes and cultural generalizations. They are formed by the movies we grow up with, formed by the people who raise us.
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Va Disability Benefits Eligibility
- If you served as an active duty military member, active duty military trained, or inactive duty trained.
- The illness or injury you are experiencing affects your mind or body in some way.
- It may be possible to link a condition to your illness or injury while serving in the military .
- An injury or disability arose during your active-duty service. Still, it only became apparent after your service ended .
You may be eligible for the following benefits as a disabled veteran:
- Veterans Disability Compensation
- Support and Counseling in Confidentiality
- Commissary privileges
- Military ID Card
- Benefits specific to each state
Active Duty Active Duty For Training And Inactive Duty For Training
Active duty is any active military naval and air service and includes a certain number of days of travel time after discharge. For purposes of qualifying for Disability Compensation or DIC, active duty can also include a special duty service called active duty for training, ACDUTRA, and inactive duty for training, IADT. ACDUTRA and IADT generally apply to reserve and guard components as well as ROTC participants and cadets of preparatory academies such as the Merchant Marine Academy. Cadets of the 3 military academies are considered active duty.
Disability Compensation and DIC are available under the following conditions.
- any period of active duty for training during which a person is disabled or dies from a disease or injury incurred or aggravated in the line of duty, or an acute myocardial infarction, a cardiac arrest, or a cerebrovascular accident while proceeding directly to, or returning directly from, a period of active duty for training,
- any period of inactive duty training during which a person is disabled or dies from an injury incurred or aggravated in the line of duty, or acute myocardial infarction, a cardiac arrest, or a cerebrovascular accident that occurred during such training or while proceeding directly to, or returning directly from, such training.
Inactive duty for training is generally the type of training from reserve or guard members done on weekends or the extended personal training done to learn special skills or to upgrade to another rank.
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Typical Guard / Reserve Training Schedule And How It Impacts Your Compensation
Lets look at the numbers in a real-world application, based on the typical number of days served in drill status.
Most traditional reservists and Guard members receive pay for 63 training days per fiscal year. This accounts for the standard 48 Unit Training Assemblies and 15 days of Annual Training time. The 48 UTAs typically consist of four drill periods per month for 12 months. For our purposes in this article, we will consider 63 paid service days as a baseline. This doesnt account for further training, deployments, mobilizations or other active time. So you may end up with more than 63 days for the calculations we will do later in this article.
What Is Social Security’s Definition Of Disability
- You must be unable to do substantial work because of your medical condition and
- Your medical condition must have lasted, or be expected to last, at least one year or to result in death.
While some programs give money to people with partial disability or short-term disability, Social Security does not.
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Va Claims For National Guard And Reserves
Here at Veterans Guardian, we get many questions about VA claims for National Guard and Reserve members. National Guard and Reserve members with an honorable discharge status may be eligible for certain VA benefits. The primary factor in determining basic eligibility for VA benefits is veteran status, which is established by active military, naval, or air service and a discharge or release from active service under conditions other than dishonorable.
National Guard and Reservists who have served honorably on active duty establish veteran status and may therefore be eligible for VA benefits, depending on the length of active military service and other eligibility factors.
Can You Join The National Guard With A Va Disability Rating
Some injuries or disabilities may indeed prevent you from serving in the military again. But the service-connected disability rating isnt what prevents you from serving again, it is the injury that does that. You can join the National Guard or Reserves with a VA Disability Rating if you can get medical clearance.
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Louisiana Department Of Veterans Affairs
Help us help vets with an individual contribution in your community. The best way to impact the vets around you is with hands-on assistance through your business, a veteran service organization, and in your community. You can also help our emergency aid initiative with a donation to the Military Family Assistance Fund.
Ndaa: Updated Home Loans For National Guard Members
The 2021 National Defense Authorization Act made specific provisions for National Guard members. Specifically, National Guard members are increasingly eligible to receive a VA home loan as of 2021.
Previously a National Guard member would need to have served for 90 consecutive days on active duty.
This new legislation makes Guard and Reserve membersdeployed under Title 32 who have at least 90 days of service, with 30 of those days being consecutive, eligible for the home loan program.
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Character Of The Discharge
The requirement that a valid discharge from service must be other than dishonorable in order to qualify for VA benefits seems rather simple on the surface. In reality, there are a variety of different discharges that are characterized between an honorable discharge and a discharge that uses the word dishonorable. In some cases, VA will consider these other than honorable discharges as dishonorable even though the word dishonorable is not used. In other cases these discharges are considered as other than dishonorable.
As a general rule, discharges that are classified as general discharges are considered as other than dishonorable. But a general discharge is still a blight on a serviceman’s application for civilian work. General discharges that reflect negative aspects of military conduct will jeopardize a veteran’s ability to use education benefits or to be able to reenlist after discharge. Education benefits specifically require an honorable discharge and any other discharge will disqualify for those benefits.
A discharge carrying the words “dishonorable” is very rare as such a discharge can only be handed down to an enlisted member by a general court-martial.
The following discharges are specifically mentioned in the regulations as barring the payment of benefits and would thus be classified as dishonorable.
Va Requirements For Any Disability Claim
Ultimately, the VA has some specific qualifications that must be met in order for any veteran to acquire the benefits under the VAs disability program. No matter which branch of the military you served under, the VA requires the same two factors to be true in order to begin the claims process for disability.
First, you must have an ongoing mental or physical illness or injury, defined as a condition, and second, you must have served on active duty, active duty for training, or inactive duty training.
Furthermore, at least one of the following qualifiers must also be true:
- Your injury or illness can be linked to an injury or illness you suffered while serving in the military
- Your illness or injury existed before you began your service, but was exacerbated by your service in the military
- Your condition expressed itself for the first time after your service ended but is still linked to your military service
Your recorded discharge from the military must also not be dishonorable. Whether you serve or served under the National Guard, Coast Guard, Army, Air Force, or any other military branch, youll need to meet the VA standards outlined above in order to be considered for disability benefits.
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Veterans Education And The Gi Bill
Veterans and active-duty service members can benefit from the Post-9/11 GI Bill with generous educational benefits. The program includes:
- Tuition and fees.
- A textbook allowance.
- Stipends for supplies and textbooks for up to 36 months.
A history of the GI Bill can be traced back to World War II when the Servicemens Readjustment Act was passed to provide education and training to veterans, as well as home loan guarantees.
Are Medical Waivers Needed
Do you need a medical waiver to serve on active duty if you have a VA disability rating?
If your injury resulted in a break from active duty, you would likely need to process through MEPS again. This means you are almost sure to be asked for a medical waiver prior to joining the military again. Medical waivers are a different process separate from your VA disability rating. While there isnt a specific number that prevents you from joining the military, ultimately decisions are based on your injury and ability to perform military duties.
The military is primarily concerned with whether or not you are physically able to perform your duties they are looking to protect you and other service members and will work to prevent you from serving if theres potential a limitation can cause harm.
In this video, one of our certified VA disability lawyers talks about whether you can get VA disability if you are in the National Guard or the Reserves:
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Can You Join Active Duty Again If You Have A Va Disability Rating
Yes, it may be possible to join active duty again even if you have a VA service-connected disability rating. The process is largely the same as described above. We focused on joining the National Guard and Reserves, primarily because that is the most common situation. Not all branches take veterans back to active duty . So many veterans choose to continue their service in the National Guard, Air National Guard or Reserve Component.
If you do join active duty, you should be prepared to waive all VA disability compensation for the duration of the time you are activated, whether you join the regular Air Force, Army, Marines or Navy. This also includes Active Guard Reserve status.
What Is A Fully Developed Claim
If you file a Fully Developed Claim veterans, service members, and survivors have the option to participate more fully in the claims process. If you can provide all of the required evidence at the same time, you can submit a claim and certify that you have no more evidence, then the VA can issue a decision faster.
If you have an injury, disability, or condition that you believe occurred or was aggravated by your service, or a condition caused or aggravated by an existing service-related condition, you can file an FDC claim electronically.
You would need to go to eBenefits.va.gov to start the process.
Remember that in order to qualify for VA Disability Benefits and Compensation you will need to have served in the Uniformed Services on:
- Active duty
and have been
- Discharged under other than dishonorable conditions
- As well as being at least 10% disabled by an injury or disease that was incurred in or aggravated during active duty or active duty for training, or inactive duty training.
You will need to provide evidence of your current physical or mental condition. In addition, you will need to provide evidence of a relationship between your disability and an injury, disease, or event in military service.
> > Have a question about your or your spouses military benefits? Weve partnered with the Veterans Education Project to help find the answers you need. Find the answers to your benefits questions today!
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What About Ssi
Disabled veterans can also receive both VA benefits and Supplemental Security Income , the other Social Securityrun benefit program serving people with disabilities. As with SSDI, veterans may qualify for fast-track processing of SSI applications.
VA disability compensation, however, will reduce the size of your SSI payment. That’s because income is a major factor in SSI eligibility, which is determined by financial need as well as disability.
In 2022, the maximum monthly SSI benefit for an individual is $841 a month. If you receive more than that in income from work or other sources, including VA benefits, you can lose your eligibility for SSI.
If you get less, you can continue to receive SSI but your benefit will be reduced. Social Security excludes the first $20 in income a month from the calculation, so if you get $400 a month in VA disability benefits, $380 will be subtracted from your SSI benefit.
Keep in mind
How Do I Apply
You may apply for disability benefits at any time while in military status or after discharge, whether you are still hospitalized, in a rehabilitation program, or undergoing out-patient treatment in a military or civilian medical facility. You may apply online, in person at the nearest Social Security office, by mail, or by telephone.
You may call 1-800-772-1213 to schedule an appointment. If you are deaf or hard of hearing, you may call our TTY number, 1-800-325-0778. We also have a âdisability starter kitâ available online to help you complete your application.
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Va Service Member Benefits
When youre serving on active duty in the United States uniformed services, including the National Guard and Reserves, you may be eligible for VA benefits both during service and at the time of separation or retirement. You may also qualify for some VA benefits if you are a traditional or technical member of the National Guard or Reserve.
Below are some of the benefits that Service Members received:
- Disability compensation.
- A housebound allowance or attendance allowance.
- Grants for housing for disabled people.
- They are increasing the number of life insurance options.
- VA national cemeteries determine preneed eligibility for burial.
Can I Suspend My Va Disability If I Join The Reserves
The same rules apply to members of the Reserve Component as they do for active duty. However, there is one big difference: You dont have to suspend your VA disability compensation payments unless you are serving in a full-time capacity. When you receive VA disability compensation, you receive it on a monthly basis.
Veterans & Military Funeral Honors
Military funeral honors are provided by the Department of Defense . Veterans who have defended our nation are offered dignified funeral honors through a program called Honoring Those Who Served by the Department of Defense. According to Public Law 106-65, every eligible Veteran must be honored with a military funeral honors ceremony, including folding and presenting an American burial flag and the playing of Taps.
Eligibility for Funeral Honors:
- Active duty or selected reserve military personnel.
- Former military members served on active duty and left their service under conditions other than dishonorable.
- Military personnel has completed at least one term of enlistment or period of initial obligatory service in the reserves. They have departed under circumstances other than dishonorable.
Can You Get Disability From The Military And Still Work
Veterans can work while receiving VA disability benefits as long as they are not receiving a monthly benefit called Total Disability Based on Individual Unemployability . Working during the disability process will not disqualify you from receiving benefits.
Can you collect military disability and VA disability?
But can you collect VA disability and military retirement payments in special cases? In short, yes. United States military retirees can receive both military retiree pay and VA disability compensation at the same time in any branch of service.
Can the VA take away a service connected disability?
The U.S. Department of Veterans Affairs can take away your disability rating if it determines you received your rating fraudulently, or if it determines it made a clear and unmistakable error when issuing your rating.