While the definition of a “veteran” of the U.S. Armed Forces may seem like a simple concept, there are certain stipulations former military personnel should know about who qualifies as a veteran, and when. Perhaps most important is knowing how this definition can affect you when applying for a job or seeking VA benefits.
In this article, we will discuss who or what a veteran is, what it means to be a protected veteran, how veteran status can affect your VA benefit eligibility, and more.
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In this article about how the VA defines a veteran:
What is a veteran?
According to the U.S. Code, “the term ‘veteran’ means a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable.”
“Other than dishonorable conditions” include:
- Honorable discharges
- General discharges or discharges under honorable conditions
- Administrative discharges with no service characterization
- Other than honorable discharges
- Bad conduct discharges
This same section of the law also defines five categories of active duty, with some of the more common types including “full-time duty in the Armed Forces, other than active duty for training,” travel to and from service, and service as a cadet or midshipman in the Air Force, Coast Guard Academy, or Naval Academy.
There are a wide variety of unique combinations and examples that fit within this criteria. However, keep in mind that fitting the broad, statutory definition of a veteran does not necessarily qualify you for all veteran benefits and protections.
How long do you have to be in the military to be a veteran?
The U.S. Code does not list a specific length requirement in its definitions of “veteran” nor “active duty.” However, to be eligible for veteran benefits, there are often requirements for minimum lengths of service, which we will discuss later.
Can reservists and National Guard members be veterans?
The short answer is ‘yes,’ reservists and National Guard members can earn veteran status.
In the past, Reserve and National Guard members could only receive veteran status by being called up by the federal government for active duty for 180 days or more after training. They would also need to separate with a discharge other than dishonorable. This is still one path to becoming a veteran.
To serve active duty as a Reservist or Guard member, you must be called up by the federal government under Title 10. Being called up by the state government under Title 32 does not qualify as active duty.
The other option for Reserve and Guard members is to become a veteran by serving 20 years or longer, even if they are never activated by the federal government during that time. In this case, you would also need to separate from the military with a discharge other than dishonorable.
Am I a veteran if I was discharged during basic training?
Basic training is considered active duty for training or ADT. The statutory definition of a veteran in the U.S. Code states a veteran must have served in the “active military.” It does not distinguish active military as only active duty or active duty for training.
If you were dishonorably discharged from basic training, you may not qualify as a veteran. On the other hand, if you were discharged from ADT due to a service-connected injury or illness, you may meet the VA’s definition of a veteran for disability benefits purposes.
If you were discharged from basic training, you will most likely need to explore further whether you are considered a veteran based on your unique circumstances.
What is a protected veteran?
“Are you a protected veteran?” is a question that may often be seen when filling out job applications online or when filling out other employment paperwork.
A protected veteran is a veteran who cannot be discriminated against because they are covered by the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA). Specifically, VEVRAA is meant to keep employers from discriminating against veterans in the hiring process and requires them to take “affirmative action” to promote and retain them.
Despite the law’s reference in its name to the Vietnam War, VEVRAA protects other vets as well. Gulf War veterans serving any time between Aug. 2, 1990, to present day are also protected.
VEVRAA identifies five categories of protected veterans:
- Disabled veterans
- Recently separated veterans
- Active duty wartime veterans
- Campaign badge veterans
- Armed forces service medal veterans
If you do not fit into one or more of these categories, you may not be a protected veteran. Being a protected veteran does not make you eligible for VA benefits or other protections outside of employment.
Veterans and VA benefit eligibility
While the title of veteran is valuable on its own, being a veteran can also grant you access to a variety of well-deserved benefits and resources.
However, fitting under the definition of a veteran found in the U.S. Code does not necessarily mean you are eligible for all benefits. Most programs including those through the VA have their own varying requirements and regulations.
Keep in mind, a veteran can receive more than one type of benefit from the VA at a time, so long as they are eligible for those programs.
Eligibility for VA disability benefits
To be eligible for VA disability compensation benefits, you must:
- Have served on active duty, active duty training, or inactive duty training, AND
- have a current condition that negatively affects the mind or body that you are able to prove was caused or aggravated by your time in the military.
Receiving VA disability compensation could get you between $171.23 and $3,737.85 a month (and more if you have dependents).
If you received an other than honorable discharge, it is possible you qualify as a statutory veteran under the U.S. Code but are not eligible for VA disability compensation.
Eligibility for VA health care
VA health care has additional stipulations on length of service for who is eligible.
To be eligible for VA health care, you must have enlisted after Sept. 7, 1980, or entered active duty after Oct. 16, 1981, and must serve 24 months, consecutively, or the full period you are called to active duty UNLESS:
- You are discharged before serving your 24 continuous months due to a service-connected illness or injury OR
- You are discharged for a hardship or early out OR
- You served before Sept. 7, 1980
Reservists and National Guard members may also be eligible for VA health care if they completed a federal government call to active duty. Time in active duty training does not count toward qualifying for VA health care.
Eligibility for other VA programs
Some other VA programs designed to benefit veterans include the GI Bill, veterans pensions, and housing grants for veterans with disabilities. You can learn more about how the VA defines eligible veterans for each of these programs on their website.
Again, receiving one VA benefit does not mean you cannot apply for or receive other types of assistance you earned through your service unless this is specifically stated.
How Woods and Woods can help
At Woods and Woods, our primary goal is to help veterans receive the disability benefits they deserve, particularly those veterans whose service-connected illnesses or injuries make it difficult to continue working. You’ll only pay if we win your case.
Whether you have considered applying for disability benefits from the VA and haven’t made the plunge yet, or are trying to navigate the complicated appeals process for your disability claim, we are here to help. Our experienced team of VA-accredited attorneys, case managers, and doctors have assisted thousands of veterans across the country.
Talk to Us About Your Claim:
(812) 426-7200
FREQUENTLY ASKED QUESTIONS
According to the U.S. Code, “the term ‘veteran’ means a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable.”
Most programs including those through the VA have their own varying requirements and regulations on eligibility. Most benefit programs will require a certain type and length of service. Many programs including VA disability compensation also require a veteran to have a service-connected condition to be eligible.
