Overview
In This Section |
This section contains the following topics:
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1. Determining Veteran Status
Introduction |
This topic contains information on determining eligible Veteran status, including
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Change Date |
October 23, 2018 |
III.ii.6.A.1.a. Definition: Veteran |
A Veteran is a person who
References: For more information on
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III.ii.6.A.1.b. Definition: Active Service |
Active service includes
Notes:
Reference: For more information on the regulatory and statutory definitions of active duty, active duty for training, inactive duty training, and active service, see
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III.ii.6.A.1.c. Definition: Qualifying Service |
Qualifying service is any type of service that qualifies or potentially qualifies a claimant for Department of Veterans Affairs (VA) benefits. Types of qualifying service are listed in 38 CFR 3.6 and 38 CFR 3.7 and include (but are not limited to)
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III.ii.6.A.1.e. Secondary Eligibility Criteria for Benefits |
If initial review of the evidence available establishes potential Veteran status, consider the secondary eligibility criteria listed below.
Note: As noted in M21-1, Part III, Subpart i, 2.B.4.d, Benefits Delivery at Discharge claims are rated while the service member is still on active duty. Therefore, the current period of service will not be verified until after discharge. These claims must not be deferred for service verification.
References: For more information on
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III.ii.6.A.1.f. Deciding Claims Based onQualifying Service |
Use the table below to determine the appropriate format for issuing a decision based on qualifying service.
References: For more information on
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III.ii.6.A.1.g. Service Department Findings Binding on VA With Respect to Service |
Determinations as to certified dates of service made by the service department, including revisions of service dates, are binding on VA.
References: For information on
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III.ii.6.A.1.h. Characterizing the Service of Academy Attendees |
Use the table below when determining the characterization of service for individuals who attended the
References: For more information on
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2. ADT or IADT Service in the Reserves or National Guard
Introduction |
This topic contains information on claims based on ADT or IADT service in the Reserves and National Guard, including
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Change Date |
October 23, 2018 |
III.ii.6.A.2.a. Initial Duty of a Reservist or National Guard Member |
Generally, reserve and National Guard members without prior active service undergo a period of ADT. The training consists of basic training and specialized job-based skill training. This training may be taken in a single period or as two separate periods. When it is taken as two separate periods, this is referred to as split option training and is normally undertaken by members enrolled in school.
Individuals with prior active service generally are not required to undergo these periods of initial training when joining the National Guard or Reserve, although there are situations when individuals transfer from one branch (Army, Navy, Air Force, Marines, or Coast Guard) of active duty to another branch of National Guard or reserve service that initial training is required.
References: For information on
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III.ii.6.A.2.b. ADT and IADT Service in the Reserves and National Guard |
Service as a traditional reservist or National Guard member is not active service and is not adequate service upon which to establish Veteran status as defined in38 CFR 3.1(d). This service includes performing one period of weekend drill monthly and two weeks of annual training yearly. This service is referred to as
Exception: For the purpose of establishing entitlement to VA benefits, Veteran status may be established based upon ADT or IADT under certain circumstances as discussed in M21-1, Part III, Subpart ii, 6.A.1.b and c.
Reference: For more information on the criteria for establishing active service based on ADT or IADT, see
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III.ii.6.A.2.c. Other Types of Reserve or National Guard Service |
In addition to traditional ADT and IADT service, a reservist or National Guard member may perform other types of duty. Refer to the table below for additional information about other types of reserve or National Guard Service.
Important: Reservists and National Guard members may not receive concurrent pay for ADT or IADT and VA disability compensation or pension.
Reference: For more information on the prohibition against concurrent receipt of pay for ADT or IADT and VA disability compensation or pension, see M21-1, Part III, Subpart v, 4.C.1.b.
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III.ii.6.A.2.d. ADS or ADSW Service |
ADS for periods of less than 180 days is a type of ADT. Individuals on ADS orders must waive compensation for a period equal to the period for which they received pay.
If the period of ADS equals or exceeds 180 days, it is considered active duty.
ADS periods of less than 180 days are generally recorded on an official order document in the service personnel records. A DD Form 214 is not routinely issued for ADS periods of 180 days or less.
Exception: All periods of ADS for the Reserves for operational support are considered active service regardless of length of service.
Reference: For more information on handling ADS reported on VA Form 21-8951, Notice of Waiver of VA Compensation or Pension to Receive Military Pay and Allowances, see M21-1, Part III, Subpart v, 4.C.1.
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III.ii.6.A.2.e. Service Department Records for Verifying Periods of ADT and IADT |
NGB Form 22, Report of Separation and Record of Service, documents spans of service in the Army and Air National Guard. However, this document does not verify individual periods of ADT or IADT during the span of the member’s service. There is no formal document issued at the time of a reservist’s separation or retirement.
Verification of specific periods of ADT or IADT (other than the initial period of ADT for which a DD Form 214 is issued) is most easily accomplished via requesting the service personnel records and reviewing the detailed report of the member’s Retirement Points Annual Statement. Although the detailed report version of the Retirement Points Annual Statement is the most complete reflection of all periods of verified service for an individual, including periods of active duty, ADT, and IADT, consider all other evidence of record from the service records when attempting verification of individual periods of ADT and IADT.
Other service records may be utilized to verify periods of ADT and IADT as long as the information provided
The following is a list, which is not all-inclusive, of examples of records that may be used to verify ADT and IADT service:
Note: ADT and IADT service is not characterized by the service department. Handle the characterization of service according to procedures at M21-1, Part III, Subpart v, 1.B.5.l.
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III.ii.6.A.2.f. Deciding Line of Duty Status for Claims Based on ADT or IADT |
Formal line-of-duty investigations are documented on DD Form 261. However, not all injuries, diseases, or deaths incurred or aggravated in the line of duty will be documented on DD Form 261, and a formal line-of-duty investigation is not a requirement to establish that a disease, injury, or death was incurred or aggravated in the line of duty during a period of ADT or IADT.
Consider all evidence of record in determining whether the injury, disease, or death was incurred or aggravated in the line of duty.
Note: “In the line of duty” does not always mean while the reservist or National Guard member was at work. Individuals with AGR service, including in the National Guard, are on continuous duty 24 hours a day, seven days a week just as are their active duty counterparts. They receive the same pay and are eligible for retirement with 20 years of service. If no intentional negligence or willful misconduct is noted, an injury or disease that occurs during AGR service is presumed to be in the line of duty.
References: For more information on
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III.ii.6.A.2.g. Definition of Injury for ADT and IADT Purposes |
VA Office of General Counsel has issued precedent opinions to assist in defining the definition of “injury” for the purposes of considering claims for SC based on ADT and IADT service.
Reference: For more information on conceding injury for claims for SC for hearing loss and tinnitus based on noise exposure during ADT or IADT service, see M21-1, Part III, Subpart iv, 4.D.1.c.
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III.ii.6.A.2.h. Presumption of Soundness for ADT and IADT
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The presumption of soundness does not automatically apply to all periods of ADT and IADT.
Reference: For more information on applying the presumption of soundness to periods of ADT, see
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III.ii.6.A.2.i. Considering Presumptive SC Based on ADT and IADT |
Presumptive SC has three applicability criteria, including
As ADT and IADT is not considered active service and Veteran status is not achieved on the basis of ADT or IADT, presumptive provisions under 38 CFR 3.307cannot apply to periods of ADT or IADT.
Exceptions:
Example: A Veteran establishes SC for bladder cancer as a result of exposure to contaminated water at Camp Lejeune during a period of ADT that extended for more than 90 days under 38 CFR 3.307(a)(7) and 38 CFR 3.309(f). The Veteran develops amyotrophic lateral sclerosis (ALS) and claims SC for the disease. By virtue of the grant of SC for a disability associated with the period of ADT, the ADT is considered active service and the Veteran is now eligible for presumptive SC for ALS under 38 CFR 3.318.
References: For more information on
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III.ii.6.A.2.j. Considering Aggravation in Claims for SC Based on ADT and IADT |
The presumption of aggravation is triggered when a Veteran establishes that a preexisting condition, which was noted upon entry into service, worsens during service. When this presumption arises, the burden shifts to VA to show a lack of aggravation by establishing that the in-service increase in disability is due to the natural progress of the disease.
Since ADT or IADT service does not satisfy the requirements for Veteran status and associated active service, the presumption of aggravation does not apply. For a period of ADT or IADT, the evidence must additionally show that the worsening was caused by the period of ADT or IADT. However, the presumption of aggravation will apply to periods of ADT and IADT when SC is first established for a disease or injury incurred during the period of service, as specified in 38 CFR 3.6(a).
References: For more information on
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III.ii.6.A.2.k. Adjudicating Claims Based on ADT and IADT |
Follow the steps in the table below to verify service and adjudicate claims for SC for claims based on active duty, ADT, or IADT service for reservists and National Guard members.
References: For more information on
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3. Duty Status and Eligibility of Reservists
Introduction |
This topic contains information on duty status and eligibility for benefits for current or former members of the Reserves, including |
Change Date |
December 20, 2016 |
III.ii.6.A.3.a. Eligibility of Reservists for Compensation and Pension |
Traditional service in the Reserves consists of a period of ADT for initial military training and job skill training. A DD Form 214 will be issued documenting this period of initial ADT. Thereafter, a reservist will perform IADT, traditionally occurring one weekend monthly, as well as 15 days of ADT annually.
A reservist may meet the criteria for establishing Veteran status for compensation and pension purposes if he/she meets any of the criteria for active service.
References: For more information on
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III.ii.6.A.3.b.Reserve Service Programs That Constitute Active Duty |
Since 1964, members of the Reserve component have served in full time operational support positions characterized by the service departments as active duty for training under 32 U.S.C. 502(f). Such programs include the
ADS and AGR service in the Reserves meets the definition of active duty if the facts of record establish that the service was
Reference: For more information on the difference between full-time service in the National Guard versus the Reserves, see M21-1, Part III, Subpart ii, 6.A.4.b.
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III.ii.6.A.3.c. Qualifying Coast Guard Reserve Service Under 14 U.S.C. |
Activation of a Coast Guard Reservist under 14 U.S.C. qualifies as active service for VA purposes.
Reference: For more information on activation of a Coast Guard Reservist, see
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4. Duty Status and Eligibility of National Guard Members
Introduction |
This topic contains information on the duty status and eligibility of current or former members of the National Guard, including
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Change Date |
July 18, 2017 |
III.ii.6.A.4.a. Eligibility of National Guard Personnel for Compensation and Pension |
Traditional service in the National Guard consists of a period of ADT for initial military training and job skill training. A DD Form 214 will be issued documenting this period of initial ADT. Thereafter, a National Guard member will perform IADT periods, traditionally occurring one weekend monthly, as well as 15 days of ADT annually.
A National Guard member may meet the criteria for establishing Veteran status for compensation and pension purposes if he/she meets any of the criteria for active service.
References: For more information on
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III.ii.6.A.4.b. Full-time Reserve Service Versus Full-time National Guard Service |
The Army National Guard and the Air National Guard operate full-time operational and support programs similar to the Reserves. However, 38 U.S.C. 101(22)provides separate definitions of “active duty for training” for Guard personnel and reservists.
While the definition for reservists permits the interpretation that full-time duty for purposes other than training is active military, naval or air service, the definition for Guard personnel does not permit this interpretation.
Therefore, full-time operational/support service performed by Guard personnel in ADT status does not qualify as “active duty” for purposes of establishing eligibility for VA benefits unless the member or former member meets the criteria for active service found in M21-1, Part III, Subpart ii, 6.A.1.b.
Exception: For special provisions as to basic eligibility for Loan Guaranty benefits, see M21-1, Part IX, Subpart i, 5.A.1.c.
References: For more information on
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III.ii.6.A.4.c. Full-time National Guard Service Under 32 U.S.C. |
Since 1964, there has been authority, under 32 U.S.C. 502(f), to assign to full-time operational duty National Guard members who provide full-time support to the Guard components, even though they are not activated. Full-time National Guard service is considered ADT under 38 U.S.C. 101(22)(C) if performed under 32 U.S.C. 316, or 32 U.S.C. 502, 503, 504, or 505. This is true regardless of whether the member is
National Guard service does not meet the definition of active military, naval, or air service under 38 U.S.C. 101(22) unless the member or former member is disabled or dies due to injury or disease incurred or aggravated during service and, therefore, subject to an exception outlined in 38 U.S.C. 101(24) or 38 U.S.C. 106(b)(3).
Note: For purposes of handling termination and reinstatement of benefits due to a return to service, treat AGR service as active service and follow the provisions ofM21-1, Part III, Subpart v, 4.C.
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III.ii.6.A.4.d. Qualifying National Guard Service Under 10 U.S.C. |
If a National Guard unit, or an individual member, is activated under the authority of10 U.S.C., the members who report for active duty, which is characterized as Federal active duty, have qualifying service for 38 U.S.C. purposes until deactivated.
If an individual’s orders specify activation to temporary duty under 10 U.S.C., further development regarding the purpose of the activation is not needed unlessthere is evidence in the claims folder showing that the purpose of the activation was to train the individual.
The order to active duty must state that service is under 10 U.S.C.. This fact is frequently reflected on the DD Form 214.
Note: In some cases, a member may be ordered to ADT under the authority of 10 U.S.C. 12301(d). This does constitute ADT for 38 U.S.C. purposes, and when DD Form 214 indicates the activation was for training, do not consider the ADT period as active service.
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III.ii.6.A.4.e. Verification of Full-time National Guard Service |
When a National Guard member completes a period of active service under 10 U.S.C. or a period of AGR service or other full-time service under 32 U.S.C., a DD Form 214 will be issued. The type of National Guard service should be identified on the DD Form 214. If the information is not indicated on the DD Form 214, develop with the appropriate component listed in M21-1, Part III, Subpart iii, 2.J.
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in Chapter 6 Determining Veteran Status and Eligibility for Benefits, Part III General Claims Process, Subpart ii Initial Screening and Determining Veteran Status
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