“Hi, my name is Joe Scott. I’m an attorney with Woods and Woods, a VA disability law firm based out of Evansville, Indiana. We represent veterans all across the country.
“If you served in the Guard or the Reserves, it gets a little complicated, and the VA will certainly treat it that way. So, it helps to break things down and start broad and work our way in a little bit.”
What is the VA and who qualifies as a veteran?
“Let’s start from the beginning. You want to file a claim for VA disability. What is the VA, really? It’s the US Department of Veterans Affairs. We have two big components there. We have the US, so, the federal government, and veterans.
“What is a veteran as defined by US law? US law defines a veteran as an individual who served active duty in the US armed forces.”
If I served in the National Guard or Reserves, do I qualify for VA benefits?
“Let’s stack that up to the National Guard, for example. The National Guard is typically authorized by the state government, or sometimes they can be federalized, so they’re called up to active federal service. In order for a guardsman or guardswoman to qualify [for VA disability], what you have to show is that you served active duty and that you were federalized, or have gone into the US service.
“What about the Reserves? In one sense, the Reserves may have an easier time filing a claim for VA benefits because it’s undoubted that they’re in the federal government. They’re a part of the US Department of Defense. So, what do you have to do as a Reservist to show you qualify for VA benefits?
“Typically, in the Reserves, you’ll serve one weekend per month and two weeks per year on active duty for training. If you recall earlier when we were talking about the Department of Veterans Affairs, you need that federal component, which the Reserves have, and you need that active component, with one exception that I’ll get to in a moment.
“Active duty for training, as the name implies, is active federal service that qualifies you for a claim and VA benefits. So, does that mean there’s no circumstance in which you can file if you weren’t on active duty? In the Reserves, there’s one exception where, if you’re on your inactive duty for training, you can file a claim if you have what the VA considers to be a more concrete, verifiable injury.
“I’ve heard the VA itself use examples like if you’re on an active duty for training and you have a heart attack, stroke, break your bone, torn ligament, something that’s diagnosable and concrete — that’s an example that VA will use to say you qualify to file a claim.”
“If you were injured while serving this country and are reading this review, I encourage you to contact Woods and Woods right away. They are always standing ready to assist veterans in need.”
J.B., a Navy veteran in Virginia
How Woods and Woods can help
“Now, it’s important to notice that qualifying to file a claim does not mean you shall receive benefits. It means you’re eligible to apply. If you want to learn more about what VA benefits are available to you or you want to file a claim, and if you served in the National Guard or the Reserves, give us a call.
“Thank you for your service. Thank you for your time.”
Talk to Us About Your Claim:
(812) 426-7200
Joseph Scott
VA disability attorney
Woods & Woods
Joseph Scott earned a law degree from Valparaiso. He was an attorney at the Vietnam Veterans Association before joining the Woods and Woods team in 2020.
