Eligibility Issues

To be eligible for Veterans benefits the claimant must meet the definition of a Veteran, meet specified requirements for active duty and must have a discharge other than dishonorable. Reserve and Guard members are generally not eligible for benefits except under certain circumstances. In addition the Veterans must also meet the 3 elements.

One must be a Veteran in order to receive Veterans’ benefits. In addition, benefits for a survivor must be linked to someone who was a Veteran.

• Veteran- The term mean “a person who served in the active military, naval, or air service and who was discharge or released therefore under conditions other than dishonorable”. 38 U.S.C.§101(2); Active military includes the Army, Navy, Marines, Air Force, and the Coast Guard.


• National Guard and Reserve member are not considered Veterans unless they were called up to active duty by the President of the United States and served the appropriate length of time to receive an award for a benefit or they honorable completed the length of obligation for which they were called.


• DIC “Disability Compensation” are available to reserve and guard members who were not on active duty but sustained injury and certain medical conditions from active duty for training and injury from inactive duty for training. A survivor must be linked to someone who was a Veteran.

The Three Elements

1. A current, diagnosed disability
2. An in-service event, injury, or illness; and
3. A medical nexus between the current disability and the in-service event, injury, or illness