What are the criteria for being deemed a vet (for VA benefit purposes)?

2018-03-04T06:34:31-05:00

A good friend of ours is a SUNY !Maritime MARGRAD who was USNR, he finished as an O-4 on drills, though he was never activated.Also, an assoc pastor of the Pentecostal church we go to drilled in the NY Army Natl Guard, under state funds, not Federal. We've since learned neither is deemed a vet for VA purposes, any thoughts?

Response by Capt Daniel Goodman made Mar 4 at 2018 6:38 AM

2018-03-04T06:38:14-05:00

Quite honestly, I didn't know quite where else to ask that on the app, so I figured here might be a decent idea, I realize admin might need to rephrase my question, that's fine, of course. I gather Natl Guard has had that kind of thing like what happened with our assocmpastor for a good many urs, there's been some relaxation of such rules, though we gather not in his case. Our friend, though, who was USNR, we, esp I, just found that surprising, being as he was drilling on Federal funds, plus, both got DD214s, I just figured I'd add all that...so, any thoughts, one and all?

Response by CH (MAJ) Luke Phillips made Mar 4 at 2018 6:55 AM

2018-03-04T06:55:35-05:00

Capt Seid Waddell Both of these folks would be eligible for the VA Home Loan Guarantee Program if they served a minimum of six years in the reserve component (with 50 retirement points or more in each year).

Response by Sgt Aaron Kennedy, MS made Mar 4 at 2018 7:46 AM

2018-03-04T07:46:23-05:00

Did either perform Active Duty other than Training?

Active Duty for Training Purposes does not count... but even a single day on Active Duty (operational and support) outside training purposes does.

https://www.benefits.va.gov/warms/docs/admin21/m21_1/mr/part3/subptii/ch06/ch06.doc

That said, "Veteran Status" is part of the benefits package we all negotiated when we joined. Reservists do not negotiate that same package. Although I personally consider anyone who raised their hand and served a Veteran, we are in fact talking about "pay & total compensation" (including retirement packages).

Just like I do not receive Retirement because I did not do 20 years, Reservists do not receive Veteran Status because they did meet meet the legal requirements. This is part of the contract we signed, so it's very hard for me to argue with it.

ch06.doc

Response by SSgt Jim Gilmore made Mar 4 at 2018 7:54 AM

2018-03-04T07:54:30-05:00

Who Is a “Veteran”?
To be eligible for most VA benefits, the claimant must be a veteran or, in some circumstances, the survivor or the dependent of a veteran. By statute, a veteran is defined as a “person who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable.”

In evaluating the evidence to determine whether the claimant is a veteran for the purposes of VA benefits, the VA relies upon military service records. The VA is bound by information that the service documents contain.

Such records may include an original military service record; a copy issued by the military
service with the certification that it is a true document; or a copy submitted by an accredited
agent, attorney, or service representative with special training, who certifies that it is a copy of an original military service document or a copy of a copy of such a document. In addition, the document must contain data regarding the length, time, and character of the service, and the VA must believe that the document is genuine and accurate. If the claimant does not provide the requisite documentation or other evidence, or the submitted documentation does not meet the requirements, the VA must seek to verify the claimant’s military service directly from the appropriate military service.

Response by CPT Larry Hudson made Mar 4 at 2018 10:36 AM

2018-03-04T10:36:02-05:00

As I know it, there are two classifications of veterans. Combat and noncombat
Combat veterans have been in the theater designated war zone, exposed to the hazards and repercussions and are subject to disability benefits associated. Veterans who have not had (boots on the ground) combat exposure have access to services offered by the VA, however, co-pays and medical costs may be assigned to the veteran for services rendered.

Response by SMSgt Thor Merich made Mar 4 at 2018 12:09 PM

2018-03-04T12:09:26-05:00

While other folks have provided outstanding detailed answers, here is the short answer. To be a considered a vet you need to have served on active duty (training doesn’t count).

Response by CPT Jack Durish made Mar 4 at 2018 1:57 PM

2018-03-04T13:57:02-05:00

A veteran is anyone who has served in the Armed Forces honorably and has a DD-214 to prove it. Now, there legal requirements for certain veterans benefits. That's an entirely different matter...

Response by SN Greg Wright made Mar 4 at 2018 2:11 PM

2018-03-04T14:11:53-05:00

There is a legal definition:

https://va.org/what-is-a-veteran-the-legal-definition/

What is a Veteran? The Legal Definition

What is a Veteran? Title 38 of the Code of Federal Regulations defines a veteran as "a person who served in the active military, naval, or air service and who was discharged or released under conditions other than dishonorable."This definition explains that any individual that completed a service for any branch of armed forces classifies

Response by SSgt Harvey "Skip" Porter made Mar 4 at 2018 2:54 PM

2018-03-04T14:54:54-05:00

COL Mikel J. Burroughs SFC Joe S. Davis Jr., MSM, DSLSMSgt Minister Gerald A. "Doc" ThomasLTC Stephen F.SGT David A. 'Cowboy' Groth SFC George Smith CPT Jack DurishSSG James J. Palmer IV aka "JP4"PO1 William "Chip" Nagel TSgt Joe C.SP5 Mark Kuzinski Maj Marty Hogan MSG Private RallyPoint Member SSgt Private RallyPoint Member LTC Stephen C. LTC Private RallyPoint Member Capt Seid Waddell Sgt Aaron Kennedy, MS I hope this helps.

Peace!

What is a Veteran? Title 38 of the Code of Federal Regulations defines a veteran as “a person who served in the active military, naval, or air service and who was discharged or released under conditions other than dishonorable.” This definition explains that any individual that completed a service for any branch of armed forces classifies as a veteran as long as they were not dishonorably discharged.

Response by SSG Diane R. made Mar 4 at 2018 3:31 PM

2018-03-04T15:31:22-05:00

Did the person in question ever receive a DD-214 or DD-215? All documents should be submitted to the veterans administration along with a VA Form 1010, they have a department that will make a determination.

Response by SFC Rich Gomez made Mar 4 at 2018 3:55 PM

2018-03-04T15:55:31-05:00

I wonder why all you negative voters and 2d amendment proponents in the military can accept overseas assignments in countries that run counter to your esteemed non-vioble rights to open or conceal carry, your right to own as many assault weapons you want, you know the local the local neighborhood punk just want to punch your lights out because he doesn't like how you look or walk. It seems like everybody in America who owns a weapon HAS to shoot to kill when the most painful and disabling shot is to the knee, but I digress, Americans are a violent society bar none. Are you people even listening to your own children who are tell all of adults STOP KILLING US.... by and large no we are not listening because we are a bunch of selfish petulant toddlers ourselves throwing our hissy fits in the toy store because mommy won't buy us Our Very Real AR15 assault rifle that Does Not Belong In a Sane Society at the very least.

Response by PO3 Aaron Hassay made Mar 4 at 2018 4:11 PM

2018-03-04T16:11:56-05:00

This is the hell They never inform on paper or verbally in recruiting.
A reserve enlistment propaganda 'serve your country" "train" part time, part time pay, adventure, schooling. To an 18 year old this sounds great. You can become an officer by 22.

But what do they not tell you?

You find out after bootcamp in what ever reserve branch you are in, you can be assigned due "TOTAL FORCE" doctrine using reserve in any means to relieve support full time guys, assigned the same UIC Unit Identification Code, of a full time operational command (for me an active duty operational guided missle frigate) you are forced to qualify in in ways a full time guy and the Navy never considered appropriate or safe, on weekend warrior duty, in all the same qualification watch standing operational standards of the ship congruient with rate and paygrade. The full time guys on the ship do not want to really get to know you as a shipmate. You effectively are in a hazing situation monthy. They see you as extra hands to do any dirty work that you are not prepared mentally or physically. The have no real responsibility to you sending you home without any leadership to access. You never have true shipmates who are like you with this crazy limited experience that no one really trusts operationally. You as a young reservist assigned fret stress off duty with out benefits pay and read those full time manuals off duty to no avail, because you need the ship and leaderhip to really learn these skills. Imagine readig manuals to become an astronaut, operate the spaceshuttle as a team, but your government created a program at Nasa where you are only paid a few day a month and must on call 24/7 to be in the space shuttle to take off to fight aliens. The full time guys, for reasons not the fault of there own, because your experience is so drastically different, will not be calling you off duty to drink hangout. The full time guys get full time benefits, , leadership, camaraderie, food, shelter pay benefits etc etc augmented supported endured sacrficied got ill injured untreated. Funny thing monthly on the ship doing the same thing at sea, more scared fightened, upset insecure because you are new to everything, not adapted, helo night time ops etc etc etc etc someone created your orders as IDT INACTIVE DUTY TRAINING and in the Summer 2 weeks SDT ACTIVE DUTY TRAINING. QUestion? Find me an Active duty sailor who ever TRAINED LIKE THIS???? The full time guys do not care if they beat you up operationally at seam monthly set home overwhelmed and basically homeless because you are only 19 with a part time job, that you are going to lose soon, because you are not acting correct at work anylonger, and you have not medical access of the miltiary or civilian due lack of full time work. Your college education starts to fail, which basically means that your original recruited dream to become an officer, will be wiiped off the face of the earth, because you invested all your time off duty, an e2 apprentice, distracting from college, reading full time manuals freaking out, that you will not know the ways of the ship underway month by month.

What is more strong in a young mans head at 18 a guided missle frigate duty operationally proficient safe in the team or a college course with the long range plan to become an officer?

This is not ROTC either. ROTC has leadership built in. The ROTC Student is not obligated enlisted.

The obligated reserve enlisted 18 year old will get the same exact life altering administrative discharge if they do not report to duty in this scenario.

You find out maybe about 26 when you are honorably discharged from this month to month year by year experience, and can no longer concentrate well, get cofused easily, get overwhelmed, get angry, snap, don't trust things, always feels stressed out that you never did 180 days of full time duty.

The VA sends you a letter and says you did not do 180 days.

This 180 minimum duty time over a reserve enlistmetn is in federal law. It is outdated. It was written before the TOTAL FORCE doctrine used a reservist in all duty assignments to augment active duty command operational.

THey do not care if you were in hell every month in conditions never considered normal Navy Operational Duty on a ship for an e2 apprentice.

They would care if you were at a desk processing paper work at a reserve center on orders of 180 days. This guy would get VA health Care without threat.

Response by MAJ Ken Landgren made Mar 4 at 2018 5:22 PM

2018-03-04T17:22:25-05:00

The National Guard is predominately federally funded.

Response by PO2 David Allender made Mar 4 at 2018 6:47 PM

2018-03-04T18:47:31-05:00

Active duty is must for becoming a VET.

Response by Lt Col John (Jack) Christensen made Mar 4 at 2018 8:28 PM

2018-03-04T20:28:23-05:00

Way to complicated for my knowledge, but guessing they are focusing on the SUNY experience and not seeing or aware of the USNR experience or status.

Response by SFC Andrew Miller made Mar 5 at 2018 9:30 AM

2018-03-05T09:30:37-05:00

Since December 16, 2016, all retired National Guardsmen and Reservists are recognized as veterans in U.S. law.

President Barack Obama signed legislation Dec. 16 that expands the legal definition of a veteran to include Guardsmen and Reservists with 20 years of service. It was part of a package of veterans bills Congress passed just before adjourning Dec. 10.

U.S. law previously defined veterans as service members with more than 179 consecutive days of federal (Title 10) active duty for other than training. Most active- component members meet the standard after a year of service, but until the war on terror, many Guardsmen and Reservists served entire careers without a qualifying mobilization.

For your friends, if they did not serve active duty nor retire, then they are not considered a veteran according to Title 38 of the USC. All states have there own definition of veteran, which often mirrors the federal, but not always.