Service Connection Key Takeaways
The VA marketing department makes it sound like applying for VA benefits is super easy. But if you’re a veteran suspecting or already having a service-related disability, you’ll soon find out that the VA process can be more like walking in mud.
Summary of Key Takeaways
- Evidence is KING: Strong, evidence-backed applications significantly increase success rates.
- Your Role and the VA’s: The VA does offer assistance, but often, it’s the veterans who have to lead the charge for their rights.
- Priority #1: Collect and secure solid evidence for your claim. Only then, consider wider outreach or more aggressive advocacy.
- We’re Your VA Insider Resource: CaseSix and this guide is here to break down and simplify the VA claims process, ensuring you have the information you need.
- Staying in the Loop: VA regulations, including 38 CFR and M-21, change over time. We keep up with these changes to stay in the know.
Pro Tips
- Combine both lay and medical evidence for a robust case.
- File an Intent to File (VA Form 21-0966) to reserve the effective date and use the 12 months to gather evidence.
- Secure medical evidence for your present disability and share your history with your doctor. If possible, request a written opinion linking your disability to its service-related cause
Got Questions?
Contact us. We can offer a free review and consultation.
The VA’s Definition of a “Veteran”
To get VA disability benefits you need to be a “veteran”. Let’s simplify what that means.
Who is a Veteran?
Simply put, a veteran is someone who was active in the military, navy, or air force and left with a good record.
Let’s break that down – Military, Naval, or Air Service:
- – This covers the US military branches: Army, Navy, Marine Corps, Air Force, Space Force, Coast Guard, and Army National Guard and Air National Guard under State authority.
- – Reserve members of these branches count.
- – Students at military academies and some officers in certain government roles are also included.
What is “Active Service?”
- – Being on “Active Duty” means you served full-time or were on Orders.
- – Active Guard Reserve Benefits: Title 10 & Title 32
- National Guard and Reserve members with active service may qualify for a variety of VA benefits. Active service includes:
• – Active duty (Title 10) – full-time duty, such as, but not limited to, a unit deployment during war, including travel to and from such duty, OR
• – Full-time National Guard duty (Title 32) – full-time duty, such as responding to a national emergency or duties as an Active Guard Reserve, where you receive pay from the Federal government.
- National Guard and Reserve members with active service may qualify for a variety of VA benefits. Active service includes:
Types of Discharge
Not all types of discharge from the military are the same.
Key Points to Remember:
- – A bad discharge (called “dishonorable”) means no VA benefits.
- – Some discharges seem confusing but might still get you VA benefits.
- – The VA and military have different rules for discharges, so don’t just rely on your military record.
Some reasons that can block VA benefits include:
- – Not wanting to wear the uniform or follow orders.
- – Leaving the military for bad reasons.
- – Running away from your duties.
- – Leaving for a very long time without permission.
Last Thoughts
- – If the VA indicates you’re not considered a veteran because of your discharge type, you can challenge it.
- – It’s possible to have mixed records – some good, some bad. For benefits, you need to show your injury came from a good period of service.
