09/05/2024
VA Claims for National Guard and Reserves
Securing well-deserved VA benefits can be a complex process, particularly for National Guard and Reserve service members. At Deuterman Law Group, we understand the unique challenges faced by these servicemembers in securing the benefits they deserve.
This blog outlines eligibility, the qualifications for benefits, the VA claim process, and explains how concurrent ratings work for National Guard and Reserve members.
Understanding Eligibility
Eligibility for VA benefits for National Guard and Reserve members differs from that of regular active-duty servicemembers. To qualify, the following criteria must be met:
Active Duty for Training (ADT) and Inactive Duty Training (IDT)
- Time spent on ADT, including basic training, annual training, and other training duties, may count toward eligibility if a disabling injury or illness occurred during this period.
- This includes weekends, drills, and other training periods. Injuries or conditions that arise or are aggravated during IDT can also qualify for benefits.
Federal Orders and Title 10
Service under federal orders, particularly Title 10 of the U.S. Code, is critical. This includes deployments for operations or active duty missions. State activation under Title 32 typically does not qualify unless the service is federally recognized.
Sufficient Service and Character of Discharge
- To be eligible, National Guard and Reserve members typically need to have completed a minimum of 20 years of qualifying service or have been called to active duty for a period of more than 90 consecutive days.
- The discharge must be under conditions other than dishonorable. General discharges and honorable discharges generally qualify.
Qualifying for Benefits
To qualify for VA benefits, individuals must demonstrate that their injury or illness is service-related. This can be more complex for National Guard and Reserve members due to the intermittent nature of their service.
Service Connection
- You must provide evidence that the condition was incurred or aggravated during a period of qualifying service. Medical records, incident reports, and statements from fellow service members can support this.
- If a condition existed before service but worsened or was aggravated during qualifying service, it might still be eligible for benefits.
Presumptive Conditions
Certain conditions are believed to be service-related if they appear within a certain duration following discharge from active service. These include chronic diseases and conditions related to specific deployments or exposures.
Evidence and Documentation
- Comprehensive medical documentation is crucial. This includes service treatment records, VA medical records, and private medical records. Often it can be difficult to obtain needed records from the service organizations, so the more documentation you can gather, the better.
- Lay statements from family, friends, and fellow servicemembers describing the onset and impact of the condition can be extremely valuable.
VA Claim Process for Guards and Reserves
Filing a VA claim involves several steps. Here’s a detailed overview of the process for National Guard and Reserve members:
Step 1: Gather Necessary Documentation
- Service Records: Collect all relevant service records, including DD214s, NGB 22 forms, and any other documentation of periods of service.
- Medical Records: Obtain all medical records related to your condition, including those from private providers, VA facilities, and military treatment facilities.
Step 2: File the Claim
- Submit VA Form 21-526EZ: This is the primary form used to apply for disability compensation. You can file online through the VA’s website, by mail, or with the assistance of a Veterans Service Officer (VSO).
- Include Supporting Evidence: Attach all relevant medical and service records and any other supporting documentation.
Step 3: VA Review and C&P Exam
- VA Review: The VA will review your claim and may request additional evidence. Be quick to respond to any requests for information.
- Compensation & Pension (C&P) Exam: The VA may schedule a C&P exam to assess your condition. Attend this exam, as it plays a significant role in the determination process.
Step 4: Decision
- Rating Decision: The VA will issue a rating decision outlining whether your claim was approved and the percentage of disability assigned.
- Notification: You will receive a letter detailing the decision. If you disagree, you have the right to appeal.
Step 5: Appeals Process (if necessary)
- Notice of Disagreement (NOD): If your claim is denied or you disagree with the rating, file an NOD to initiate the appeals process.
- Board of Veterans’ Appeals (BVA): The appeal may be escalated to the BVA if necessary.
National Guard and Reserve and Concurrent Ratings
Concurrent ratings refer to receiving both VA disability compensation and military retirement pay. This can be particularly relevant for members of the National Guard and Reserves.
Concurrent Receipt of Disability Pay (CRDP)
- To qualify for CRDP, you must have a VA-rated disability of 50% or higher and be eligible for retirement pay based on your service.
- CRDP allows eligible retirees to receive full military retirement pay and VA disability compensation without any deductions.
Combat-Related Special Compensation (CRSC)
- CRSC is for retirees with combat-related disabilities. It allows for the receipt of both military retirement pay and VA disability compensation without deductions.
- You must apply for CRSC through your branch of service. It requires evidence that the disability is combat-related.
Impact on National Guard and Reserve Members
- Many National Guard and Reserve members may be eligible for both types of concurrent benefits, depending on their service and disability ratings.
- It’s crucial to understand the differences and eligibility requirements for CRDP and CRSC to maximize benefits.
Achieving full access to your VA benefits is a crucial aspect of transitioning from a National Guard or Reserve member to civilian life. While the VA claims process can be complex, understanding the specific requirements and available resources empowers National Guard and Reserve members to efficiently secure the benefits they deserve.
At Deuterman Law Group, we are committed to helping you through every step of the process, from understanding eligibility to filing claims and appealing decisions. If you need assistance with your VA claim, contact us to learn how we can help you achieve a successful outcome.
Schedule a free consultation today!
