Posted on Mar 4, 2018
What are the criteria for being deemed a vet (for VA benefit purposes)?
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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?
Posted in these groups: 
Benefits
Department of Veterans Affairs (VA)
Benefits Department of Veterans Affairs (VA)
Posted 7 y ago
Responses: 16
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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
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Capt Daniel Goodman
I follow, however, please do trustme, I've checked, and, for whatever arcane reason, both of them have fallen into cracks, that, until I'd looked into their problem, I'd honestly had no idea existed. Honest, I assure you, believe me, I was as surprised as ome could ne, however, I've been told !any, many ti!es, not just once, that both are evidently excluded, barring some sort of appeal to the Congress members, evidently. Honest, many thanks.
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LTC (Join to see)
I believe you'll find that "active" as used in Title 38 of the Code of Federal Regulations refers to federal duty with Uncle Sam footing the bill. From what you've described, neither of the two people you have referenced served a single day of active duty time in the U.S. military. They can do things all day and all night for weeks, months, and years but unless they are called to active federal service and have orders to show it, they do not pass "go".
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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.
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.
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Capt Daniel Goodman
Believe me, impossible as it might seem, if a Matl Guard me!her is paid with state money, not Federal, and was never activated, I've been expressly told they may jot be deemed a veteran under any circumstances, even with a DD214. Both the pastor, and our USNR friend did sevl yrs of noncombat service, my friend was even on active after 9/11, though as part of a normall drill, not part of a call IP, he'd gotten his normal duty order, just jotma callup order. The pastor, as I understand, drilled on active with the NY ARMG during the Vietnam declared period, uough he was never called up,mand get neither one, despite their DD214s, is allowed to be deemed a vet, both have tried, both have asked, both have been expressly told no, I assure you, crazy as both scenarios might seem, honest, so, anynfurter thoughts? I'd ne quite grateful for any possible notions, I'd like to help not of them, of at app possible, honest, many thanks..
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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).
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Capt Daniel Goodman
I realize promise, I do, truly, and both did while doing Guard or Reserve time, however,mfor whatever crazy reason, they've both been expressly told, not once but multiple times, that BA cannot, does not, and will not recognize them, even though their DD214s reflect their time spent on duty post training, I promise you, I've checked the whole thing six ways fromSumday, and even if kaoes jomsensez that:s what they're honestly being told, trust me, I don't understand it either, I've just been told BA ismrught, and there's no way to dispute it, without doing the whole BpBVA thing, or going on appeal to one of the Federal courts, I gather whatever reason is blocking them from benefits is evidently staturo,y God only knows what iit is, I can't figure it out, honest ...
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