Posted on Jul 5, 2023
Why isn't my wife eligible for VA Benefits, even though she served 1979-1985?
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My wife decided after 40 years to apply to VA for some benefits. She says she was told that since she was not a "Combat Veteran" (she served from 1979 to 1985 – 3 years active and 3 years individual reserve) she could not receive benefits through VA. It wasn’t a military person speaking to her, but was one of their many contract telephone responders.
I have never heard of such a thing ever before and if I remember correctly (I retired after 20 so the question never came up for me) when she enlisted the VA would have given her % benefits for any service related issues.
It doesn’t seem right that now that she needs them (eyesight, hearing, and arthritis meds) and would like to receive them someone is saying she is “not eligible”.
UPDATE: My wife got fed up and has involved our US Representative. It appears that she is 'suddenly' able to get care. She has several VA appointments lined up for treatment and medical determination - which is much farther along than she was 'allowed' before their intervention.
I have never heard of such a thing ever before and if I remember correctly (I retired after 20 so the question never came up for me) when she enlisted the VA would have given her % benefits for any service related issues.
It doesn’t seem right that now that she needs them (eyesight, hearing, and arthritis meds) and would like to receive them someone is saying she is “not eligible”.
UPDATE: My wife got fed up and has involved our US Representative. It appears that she is 'suddenly' able to get care. She has several VA appointments lined up for treatment and medical determination - which is much farther along than she was 'allowed' before their intervention.
Veterans Affairs (VA)
Veterans Choice
Veterans Advocate
Health
Edited 3 mo ago
Posted 10 mo ago
Responses: 50
The VA has a number of benefits and the eligibility can be different for each of them. She's not a "Veteran who served during a wartime period" because she was between when the period for Vietnam ended (May 7, 1975) and the start of the next one (Gulf War - August 2, 1990), so that would exclude her from things like a Veterans Pension (served during a wartime period and meet income requirements),
For disability compensation, it is pretty cut and dried - you have a service connected illness/injury and your were discharged honorably (Honorable or General under Honorable conditions).
Now to your overall question - will the VA help out with medical care and prescriptions for your wife. The answer is "it depends". From what you described, it sounds like she should be eligible* for VA Healthcare (she entered active duty prior to 7 September, 1980 and/or she spent two years on active duty).
However, there is a difference between being eligible for VA healthcare and being eligible for FREE VA healthcare. There are no premiums for VA Healthcare, but there may be co-pays depending on which priority group you are in. If she has NO service connected disabilities (even one rated as 0% which is what the VA deems a service-connected condition, but is a non-compensable disability), then she would be in priority groups 7 or 8 most likely - and they have a co-pay for treatment*.
** UPDATE **
Based on some of the comments below, it's clear I should have discussed the subgroups of those placed in Priority Group 8, specifically subgroups 'e' and 'g'.
If you're are assigned to priority group 8 because you don't fit into any of the other priority groups*, you're assigned to different 'subgroups' depending if you have a non-compensable service-connected disability rated at 0% and your income.
If your income is above 10% of the VA's geographical income limits* you're placed in subgroup 'e' or 'g' and won't be eligible for health care for any non-service-connected conditions.
So, bottom line - if you new to VA health care, aren't in one of the other priority groups because of your situation (served in certain combat theaters, eligible for certain programs, etc.), don't have a compensable service-connected condition, and are more than 10% above the geographical income limits, then you aren't currently eligible for treatment of non-service-connected conditions.
--------------------------------------------------
* Eligibility - https://www.va.gov/health-care/eligibility/
* Apply for VA Health Care - https://www.va.gov/health-care/how-to-apply/
* Co-pay rates - https://www.va.gov/health-care/copay-rates/
* Priority Groups - https://www.va.gov/health-care/eligibility/priority-groups/
* Check VA income limits - https://www.va.gov/health-care/income-limits/introduction
For disability compensation, it is pretty cut and dried - you have a service connected illness/injury and your were discharged honorably (Honorable or General under Honorable conditions).
Now to your overall question - will the VA help out with medical care and prescriptions for your wife. The answer is "it depends". From what you described, it sounds like she should be eligible* for VA Healthcare (she entered active duty prior to 7 September, 1980 and/or she spent two years on active duty).
However, there is a difference between being eligible for VA healthcare and being eligible for FREE VA healthcare. There are no premiums for VA Healthcare, but there may be co-pays depending on which priority group you are in. If she has NO service connected disabilities (even one rated as 0% which is what the VA deems a service-connected condition, but is a non-compensable disability), then she would be in priority groups 7 or 8 most likely - and they have a co-pay for treatment*.
** UPDATE **
Based on some of the comments below, it's clear I should have discussed the subgroups of those placed in Priority Group 8, specifically subgroups 'e' and 'g'.
If you're are assigned to priority group 8 because you don't fit into any of the other priority groups*, you're assigned to different 'subgroups' depending if you have a non-compensable service-connected disability rated at 0% and your income.
If your income is above 10% of the VA's geographical income limits* you're placed in subgroup 'e' or 'g' and won't be eligible for health care for any non-service-connected conditions.
So, bottom line - if you new to VA health care, aren't in one of the other priority groups because of your situation (served in certain combat theaters, eligible for certain programs, etc.), don't have a compensable service-connected condition, and are more than 10% above the geographical income limits, then you aren't currently eligible for treatment of non-service-connected conditions.
--------------------------------------------------
* Eligibility - https://www.va.gov/health-care/eligibility/
* Apply for VA Health Care - https://www.va.gov/health-care/how-to-apply/
* Co-pay rates - https://www.va.gov/health-care/copay-rates/
* Priority Groups - https://www.va.gov/health-care/eligibility/priority-groups/
* Check VA income limits - https://www.va.gov/health-care/income-limits/introduction
Eligibility for VA health care | Veterans Affairs
Find out if you can get VA health care as a Veteran.
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COL Randall C.
MSG J G. Sandy Phillips - The short answer is "it depends". The reason it depends is that different programs have different eligibility criteria so you'll have to look at each to see.
Regarding the evaluation of her medical records for any service-connected condition - absolutely. She is completely eligible for any VA healthcare or disability compensation for any illness or injury that was caused by her military service. In order to be eligible to file for VA disability compensation, both of these must be true:
● You have a current illness or injury (known as a condition) that affects your mind or body, and
● You served on active duty, active duty for training, or inactive duty training
Additionally, at least one of these must be true:
● You got sick or injured while serving in the military—and can link this condition to your illness or injury (called an in-service disability claim), or
● You had an illness or injury before you joined the military—and serving made it worse (called a pre-service disability claim), or
● You have a disability related to your active-duty service that didn’t appear until after you ended your service (called a post-service disability claim)
However, the very first question is "What is wrong with her?" (don't answer .. just ask yourself). If she doesn't currently have a condition that is affecting her, then what compensation would she file for? Keep in mind that there isn't a time-frame limit for applying for disability compensation. If something shows up five years from now and can be shown to have been caused immediately or proximately by her military service, then she would be eligible for compensation.
For example, hypothetically she had an artillery simulator that went off close to her (very loud noise) and could potentially have damaged her hearing. However, she currently suffers from no issues related to it, but in five years, she develops tinnitus. She has a potential claim that her tinnitus was service-connected, but the manifestation of the injury was delayed (this is exactly what has happened to many that have had toxic exposure where something develops years later).
If there were any situations like that, the better she has it documented, the easier time she'll have making a claim if something develops.
As to the other benefits...
You mentioned she had an honorable discharge, but the "less than 180 days" and "honorable discharge" don't usually go together. For those that are separated before 180 days, they almost always receive what is called an "Entry Level Discharge" (ELS), and an ELS is what they call an "uncharacterized discharge". That means it's neither good nor bad - It's a "sorry the military didn't work out for you, take care" type of discharge. There are a few exceptions to that an your granddaughter might have been in one of those situations.
Absent of any additional information, you have to look at the benefit and the eligibility requirements for a specific benefit. If you go to va.gov and look at the drop-down menu on the left, you can explore the various options.
For example, the eligibility for the post-9/11 GI Bill*
● You served at least 90 days on active duty (either all at once or with breaks in service) on or after September 11, 2001, or
● You received a Purple Heart on or after September 11, 2001, and were honorably discharged after any amount of service, or
● You served for at least 30 continuous days (all at once, without a break in service) on or after September 11, 2001, and were honorably discharged with a service-connected disability, or
● You’re a dependent child using benefits transferred by a qualifying Veteran or service member
So for the Post-9/11 GI Bill, it sounds like your granddaughter meets the first criteria (90 days on active duty).
However, eligibility for health care* is more complex, but for the majority of individuals that didn't serve in a war-time period, aren't eligible due to a situation (received a purple heart, were a POW, discharged due to a service-connected disability, etc.) then generally they'll have to have two years of active duty time or (if a reservist) have served for the entire period they were ordered to active duty (active duty for training does not count in either situation).
Based on that (again, unless your granddaughter meets one of the 'eligible by situation' categories), she wouldn't be eligible for VA healthcare.
You can look through the eligibility at the link I gave you (va.gov) and explore the various benefits, but a much easier route would be to work with a Veterans Service Organization or your state's local Department of Veterans Affairs*. I would recommend the later as they would be the ones that could give the most accurate information about federal and state benefits she might be eligible for. For example, the state of Texas has the Hazlewood Act Statute which provides 150 hours of tuition exemption. This is independent of the Post-9/11 GI Bill program the VA manages.
Good luck!
----------------------------------
* Post-9/11 GI Bill eligibility - https://www.va.gov/education/about-gi-bill-benefits/post-9-11/
* Health care eligibility - https://www.va.gov/health-care/eligibility/
* VA page with link to state Departments of Veterans Affairs - https://department.va.gov/about/state-departments-of-veterans-affairs-office-locations/
Regarding the evaluation of her medical records for any service-connected condition - absolutely. She is completely eligible for any VA healthcare or disability compensation for any illness or injury that was caused by her military service. In order to be eligible to file for VA disability compensation, both of these must be true:
● You have a current illness or injury (known as a condition) that affects your mind or body, and
● You served on active duty, active duty for training, or inactive duty training
Additionally, at least one of these must be true:
● You got sick or injured while serving in the military—and can link this condition to your illness or injury (called an in-service disability claim), or
● You had an illness or injury before you joined the military—and serving made it worse (called a pre-service disability claim), or
● You have a disability related to your active-duty service that didn’t appear until after you ended your service (called a post-service disability claim)
However, the very first question is "What is wrong with her?" (don't answer .. just ask yourself). If she doesn't currently have a condition that is affecting her, then what compensation would she file for? Keep in mind that there isn't a time-frame limit for applying for disability compensation. If something shows up five years from now and can be shown to have been caused immediately or proximately by her military service, then she would be eligible for compensation.
For example, hypothetically she had an artillery simulator that went off close to her (very loud noise) and could potentially have damaged her hearing. However, she currently suffers from no issues related to it, but in five years, she develops tinnitus. She has a potential claim that her tinnitus was service-connected, but the manifestation of the injury was delayed (this is exactly what has happened to many that have had toxic exposure where something develops years later).
If there were any situations like that, the better she has it documented, the easier time she'll have making a claim if something develops.
As to the other benefits...
You mentioned she had an honorable discharge, but the "less than 180 days" and "honorable discharge" don't usually go together. For those that are separated before 180 days, they almost always receive what is called an "Entry Level Discharge" (ELS), and an ELS is what they call an "uncharacterized discharge". That means it's neither good nor bad - It's a "sorry the military didn't work out for you, take care" type of discharge. There are a few exceptions to that an your granddaughter might have been in one of those situations.
Absent of any additional information, you have to look at the benefit and the eligibility requirements for a specific benefit. If you go to va.gov and look at the drop-down menu on the left, you can explore the various options.
For example, the eligibility for the post-9/11 GI Bill*
● You served at least 90 days on active duty (either all at once or with breaks in service) on or after September 11, 2001, or
● You received a Purple Heart on or after September 11, 2001, and were honorably discharged after any amount of service, or
● You served for at least 30 continuous days (all at once, without a break in service) on or after September 11, 2001, and were honorably discharged with a service-connected disability, or
● You’re a dependent child using benefits transferred by a qualifying Veteran or service member
So for the Post-9/11 GI Bill, it sounds like your granddaughter meets the first criteria (90 days on active duty).
However, eligibility for health care* is more complex, but for the majority of individuals that didn't serve in a war-time period, aren't eligible due to a situation (received a purple heart, were a POW, discharged due to a service-connected disability, etc.) then generally they'll have to have two years of active duty time or (if a reservist) have served for the entire period they were ordered to active duty (active duty for training does not count in either situation).
Based on that (again, unless your granddaughter meets one of the 'eligible by situation' categories), she wouldn't be eligible for VA healthcare.
You can look through the eligibility at the link I gave you (va.gov) and explore the various benefits, but a much easier route would be to work with a Veterans Service Organization or your state's local Department of Veterans Affairs*. I would recommend the later as they would be the ones that could give the most accurate information about federal and state benefits she might be eligible for. For example, the state of Texas has the Hazlewood Act Statute which provides 150 hours of tuition exemption. This is independent of the Post-9/11 GI Bill program the VA manages.
Good luck!
----------------------------------
* Post-9/11 GI Bill eligibility - https://www.va.gov/education/about-gi-bill-benefits/post-9-11/
* Health care eligibility - https://www.va.gov/health-care/eligibility/
* VA page with link to state Departments of Veterans Affairs - https://department.va.gov/about/state-departments-of-veterans-affairs-office-locations/
Post-9/11 GI Bill (Chapter 33) | Veterans Affairs
The Post-9/11 GI Bill (Chapter 33) helps you pay for school or job training. If you’ve served on active duty after September 10, 2001, you may qualify for the Post-9/11 GI Bill (Chapter 33). Find out if you can get this education benefit.
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SSgt Jose L Amalbert
So, if I understand correctly, as veterans who have served our country, whether during war or in peacetime, we may not receive any VA benefits due to the strict measurement methods they use to assess our physical or mental health issues. This is because we were not treated for these issues, and furthermore, medical records were not properly safeguarded in the past, making it difficult to assess any future health issues.
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COL Randall C.
SSgt Jose L Amalbert - If by all that you mean you are an eligible veteran based on your service and either don't have a compensable service-connected disability or exceed the geographic income levels, then you are correct for treatment - you would be enrolled, but resource limitations would constrain the treatment.
The reason I provided the link to the eligibility page is because there are many different situations which would affect the priority group you are placed in (ESPECIALLY priority group 6).
For example, if you were exposed to Agent Orange and were in any of the locations specified during a timeline specified (i.e., ROV between 1/9/62 and 5/7/75, Thailand between 1/9/62 and 6/30/76, etc.) then you're placed in priority group 6. Since Agent Orange is a presumptive condition, if you have any of the presumptive diseases, then all you have to do is have your service records reflect you were in the specified location during the specified timeframe.
Finally, if you cannot produce service medical records for an incident to prove a service connection, or they are insufficient to prove the connection, then the VA will evaluated lay evidence (eyewitness reports, non-medical records, etc.) to see if it provides sufficiency of a service connection*.
Lack of medical records would make it more difficult to prove the service connection, but it is still possible.
--------------------------------
* https://www.benefits.va.gov/WARMS/docs/admin21/m21_1/mr/part4/subptii/ch02/M21-1IV_ii_2_SecB.docx
The reason I provided the link to the eligibility page is because there are many different situations which would affect the priority group you are placed in (ESPECIALLY priority group 6).
For example, if you were exposed to Agent Orange and were in any of the locations specified during a timeline specified (i.e., ROV between 1/9/62 and 5/7/75, Thailand between 1/9/62 and 6/30/76, etc.) then you're placed in priority group 6. Since Agent Orange is a presumptive condition, if you have any of the presumptive diseases, then all you have to do is have your service records reflect you were in the specified location during the specified timeframe.
Finally, if you cannot produce service medical records for an incident to prove a service connection, or they are insufficient to prove the connection, then the VA will evaluated lay evidence (eyewitness reports, non-medical records, etc.) to see if it provides sufficiency of a service connection*.
Lack of medical records would make it more difficult to prove the service connection, but it is still possible.
--------------------------------
* https://www.benefits.va.gov/WARMS/docs/admin21/m21_1/mr/part4/subptii/ch02/M21-1IV_ii_2_SecB.docx
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SFC (Join to see)
Yeah keep pushing it (I think I'm blocked I can't reply to the post) - my dad (never served) was talking to someone in our hometown who is a veteran, PH recipient even, who had said he got told that he couldn't get VA benefits, by someone at the VA, because they didn't consider Vietnam vets as veterans or some weird stuff. He went and contacted I think our state rep, senators. I think he finally got him to the right people to get help but I think there are some people at the VA who just don't know what they're talking about.
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SGT (Join to see)
SFC (Join to see) - I had a tech in audiology, tell me I needed to get out of the way so people with real problems could get help, as she was tuning my hearing aids. I carried the "pig" for 3 years in Germany.
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Sgt Mervyn Russell
SGT (Join to see) - That's horrible, No matter what your disability You should be treated in this manner. I have a hearing loss and I've always been treated with respect. I have several things wrong with me and I've always been treated with respect, What worng wth me is all service connected.
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SPC (Join to see)
SFC (Join to see) - Your dad (not you) talked to "someone" who told your dad something. Not a very solid information chain.
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Most Counties will have a Veterans Service Office in their County Office building. Recently My wife, a veteran, and I as a retiree went to see the VSO at our county of residence. She was a tremendous advocate for both of us and it turned out to be life-changing.
Go to the Veterans Service Office in your home county. That is what they are there for. They work with the VA but not for the VA. Our County VSO had access to our files, filled out or assisted in the filling out of needed forms and submitted them for us. She went above and beyond and I say again it changed our lives 100%.
It had been 21 years since my wife got out of the Army, we had her Medical records (If youhave those, take them to the appointment, along witht he DD214, and if you do not have the Medical records, go anyway and start the process, while you request the records) My wife has had her physicals and is awaiting her determination.
I am not saying it will be fast, but it is worth the attempt, and what is the worst they can say? No. After all, she has not filed a VA Calim since 1985, so even if it takes a while, the outcome could be tremendous.
You, as well, should have your records reviewed by the VSO. Things change all the time.
Go to the Veterans Service Office in your home county. That is what they are there for. They work with the VA but not for the VA. Our County VSO had access to our files, filled out or assisted in the filling out of needed forms and submitted them for us. She went above and beyond and I say again it changed our lives 100%.
It had been 21 years since my wife got out of the Army, we had her Medical records (If youhave those, take them to the appointment, along witht he DD214, and if you do not have the Medical records, go anyway and start the process, while you request the records) My wife has had her physicals and is awaiting her determination.
I am not saying it will be fast, but it is worth the attempt, and what is the worst they can say? No. After all, she has not filed a VA Calim since 1985, so even if it takes a while, the outcome could be tremendous.
You, as well, should have your records reviewed by the VSO. Things change all the time.
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AB Roger Zauner
I tend to always suggest the local County government Veterans Service Office for the residing County/Borough, and/or the State Veterans Service Office if local County/Borough office does not exist. (Not the same as Federal Veterans Service Organizations, DVA, American Legion, but similar.) From what I've heard, the County/Borough branches always pull-through when a Veteran is either in need and/or is eligible. Federal Veterans Service Organizations tend to be heavily burdened/delayed (backlogged) likely due to being well known. God forbid one has to call Social Security Administration nowadays.
Lets put it this way, some people care about the people they reside with, per se with the Bible.
Lets put it this way, some people care about the people they reside with, per se with the Bible.
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SSG Roger Ayscue
AB Roger Zauner - 100%! Our County VSO pulled through for us again and my wife got a positive determination, and has started getting her benefits!
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SPC (Join to see)
I was told by the county vso to apply for medical but yet still got denied. I think the vso is only as good as the the employees working there
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SSG Roger Ayscue
SPC (Join to see) - As with any organization. I can say that the VSO in my county is spot on, and I made sure that the Chair of our County Commissioners knew that as well.
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