The Active Service Requirements for a Veterans Disability claim must be met in order for a Veteran to receive most types of Disability Compensation benefits. The next step in the veterans claims process is establishing whether your service can be considered “active.” This step can be a little trickier than meeting the requirement for military service, so you may want to consider enlisting the help of a qualified veterans disability attorney before embarking on your veterans claims application.
How is “Active” Service Defined When Making Veterans Claims?
By its simplest definition, “active” duty that qualifies a veteran to receive benefits describes full-time service:
- In one of the five branches of the military
- As a commissioned officer for the Public Health Service or other federal service administrative organizations
- As a cadet or midshipman at a military academy
- In attendance at a military academy preparatory school, if the person had an active duty commitment
- During authorized travel to or from any of the above listed types of active service
Some veterans’ active duty during training periods can also make them eligible for benefits. If the veteran in question was injured or killed during a training period, the veteran or surviving benefactors may be able to receive benefits. This “active duty for training” specification applies to members of the Reserve or National Guard, military prep school students, and some other veterans.
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It is also possible for the VA to consider veterans eligible for benefits if they were disabled or died in the line of duty as a result of certain cardiac health problems, like a heart attack, during training. This type of injury is considered a result of “inactive duty for training,” and can apply to National Guard members, Reservists, and a few other types of veterans.
The VA’s rules for determining active service eligibility can be complicated – for example, you’ll have to keep in mind that for members of the National Guard, only the periods during which they were called into federal service can make them eligible for veterans’ benefits.
If you feel that you need help navigating the complexities of the veterans claims process, seek the guidance of an experienced vetrans disability attorney who can help you put together a successful case. If you need help with your claim, contact Marc Whitehead, an experienced Texas long term disability attorney handling cases for veterans nationwide.
Call or text 800-562-9830 or complete a Free Case Evaluation form
