Do I qualify for a VA Loan under USC Title 38?

PFC Michael Miller — Fri, 20 Oct 2017 19:31:20 -0400

I was on active duty for about 190 days before being separated due to problems with my knees that they determined to be EPTS (Existing Prior To Service). My DD-214 shows Separation Code JFW and the narrative reason states "Failure to meet procurement medical fitness standards."

I applied for a Certificate of Eligibility for a VA Loan but was denied because the minimum service requirement is 24 months. However, exceptions are made under §5303A(3)(F)(ii) for "a discharge or release from active duty for a medical condition which preexisted service on active duty and which the Secretary determines is not service connected". In this situation it would revert back to 180 days on active duty required by USC Title 38 § 3702(a)(2)(C)(i).

I am about to appeal the denial, but I don't have any of my medical records from the Army, just my DD-214 stating the reason for discharge. Given the wording on my DD-214, am I correct that I should qualify for the VA Loan?

Response by SSG Ernest Gonzales made Oct 20 at 2017 8:03 PM

SSG Ernest Gonzales — Fri, 20 Oct 2017 20:03:25 -0400

What state do you live in?

Response by CW3 Kevin Storm made Oct 21 at 2017 3:06 PM

CW3 Kevin Storm — Sat, 21 Oct 2017 15:06:53 -0400

Contact your county Veterans Service Office, they can help you through the appeals process.