Posted by Berry Law on October 21, 2023 in Veterans Benefits
All Veterans alike share one thing in common: they served in their nation’s military. When they leave the service, many are entitled to compensation or benefits.
The Department of Veterans Affairs gives benefits to Veterans who have a disability, illness, or persistent injury connected to their time in the service. Many Veterans are unaware of this and go on without realizing that they may be entitled to benefits.
However, there are some differences among Veterans. Some served longer than others, others served in different military branches, and some served in active combat while others did not. Does this mean that there are additional benefits between them?
This article will detail the differences among Veterans, answering some questions about whether or not there is a notable difference across Veteran benefits.
Key Takeaways:
- You’ll understand what classifies a Veteran
- You’ll learn the differences in Veteran status
- You’ll know whether or not there is a difference among the benefits that certain Veterans receive
What Classifies a Veteran?
Before we get into the differences among certain Veterans’ benefits, it is crucial to define what a Veteran is.
The VA defines a Veteran as a person who served on active duty in the military, naval, air, or space service, and who was not discharged under dishonorable conditions.
If a service member served within the military yet was dishonorably discharged, they may not be able to receive Veteran benefits from the VA. If you have questions about your specific discharge conditions, or to find out if you qualify for benefits, contact an attorney at Berry Law to talk you through the process.
There is no minimum length of time that a service member has to be in the military to be a Veteran. Even Veterans who were discharged immediately after basic training could still receive benefits from the VA.
What Classifies a Wartime Veteran?
Things can get confusing when there are different classifications for Veterans. Many may think that if a Veteran was in combat, they are a wartime Veteran. For a Veteran to be considered a wartime Veteran, they would have had to have served during a period of war.
This is different from a combat Veteran who actively engaged in combat during their service. A wartime Veteran might not have seen any combat. What makes someone a wartime Veteran is that they served during a period of war, even if they were never in combat service.
How Do You Prove You’re a Wartime Veteran?
Wartime Veterans can receive wartime service for their pension. The following are qualifications that can be verified by military service documentation to receive wartime veteran benefits:
- Served at least 90 consecutive days of active duty that was within the beginning or end of a period of war
- Served at least 90 days of active duty during a time of war
- Served any time in a period of war and was discharged because of a service-connected disability
If a Veteran meets any of these criteria, they will qualify for wartime service on their pension.
What Makes a Veteran a Combat Veteran?
For a Veteran to be considered a combat Veteran, their service records must indicate they received Hostile Fire Pay (HFP), they received the combat action metal, or other indications in their records that they served in a combat zone.
The military will pay combat Veterans HFP if they experienced hostile fire or a hostile mine, were on duty near an area that experienced a hostile fire, or were killed or injured by hostile action.
This compensation is one that a non-combat Veteran will not receive since they did not experience combat or hostile fire.
There are also other benefits that a combat Veteran may receive that non-combat Veterans do not.
For one, the VA will make combat Veterans eligible to become a higher priority for benefits. They can also receive travel benefits and exemptions of copay for care even if it is not related to their military service.
Also, the National Defense Authorization Act of 2008 allowed combat Veterans to extend their health care for up to five years after discharge.
If you are a Veteran who served in combat operations after November 11, 1998, they will automatically enroll you in Priority Group 6. If your records show that you are eligible for enrollment in a higher-priority group, the VA will put you there.
Though there is not a huge difference between the benefits that combat Veterans and regular Veterans receive, combat Veterans have a few more benefits at their disposal.
Combat Veterans should make sure that they have everything required to show that they are combat Veterans. Certain programs may require that combat Veterans have certain indicators, such as a campaign medal, to verify that they served in combat and are eligible for certain VA benefits.
What Is Necessary for a Veteran To Receive Benefits?
Veterans who suffer from a service-connected disability, injury, or illness are entitled to benefits and compensation from the VA.
It takes time to compile evidence and make a convincing claim that will make the VA give you the disability rating you deserve. Any lack of evidence or thoroughness in the claim can result in a denial or a lower rating.
There are a few things that a Veteran should be aware of when they make a claim.
First, the disability has to be service-connected. If a disability or illness was not caused by the Veteran’s time in the military or another service-connected disability, then it is not service-connected. The VA will not give benefits for anything if it is not service-connected.
However, if a Veteran was diagnosed with a disability or illness that was then aggravated because of an in-service event, that could be classified as a service-connected disability.
Second, the diagnosis of the disability or illness has to be current. If there are signs of progress or healing regarding a Veteran’s disability, the VA will most likely deny the claim.
It is important to have a medical professional who will be able to make a proper diagnosis and signify that you require benefits. This can be your medical provider, or you can go to a VA compensation and pension examination.
Finally, there must be a medical nexus between the current diagnosis and the service-connected disability. This is where a VA medical doctor can help since they are familiar with the VA’s procedure.
The medical professional who helps write up portions of a Veteran’s claim has to be precise with their wording. If they are not, the VA may doubt either the current diagnosis or whether or not the current diagnosis is connected with the in-service event.
Having a current diagnosis does not automatically presume an in-service injury or event. There has to be a medical link between the two.
Can Veterans Appeal a VA Decision?
No matter what kind of decision the VA makes, a Veteran has the opportunity to appeal.
If a Veteran decides to appeal, they must do it within a year of the initial decision made by the VA, or else they will have to reopen the claim.
The appeal process is often long and complicated, so you will not want to wait too long to begin.
The best way to go through the appeal process is to have an experienced attorney at your side. Because of the complicated nature of the VA’s process, many Veterans are unaware of what affects their claims. Sometimes Veterans unknowingly make minor mistakes in their claim that make the VA deny it or give the Veteran a lower rating.
To avoid this, contact an attorney who has experience working with the VA, such as Berry Law. We will be able to advocate for you so that you can get the benefits that you deserve.
Usually, Veterans will have to gather more evidence to support their claim. If the VA does not find the evidence in the initial claim convincing of either service connection or current diagnosis, they will deny the claim or give a low rating.
We will be able to help you gather the information you need and direct you on the best path to appeal a VA decision. There are typically three options that a Veteran has when they appeal a VA decision:
- File a supplemental claim
- Appeal to a higher-level review
- Appeal or the Board of Veterans’ Appeals
Why a Veteran was denied in the first place will determine what the best course of action is for them.
If you’re dealing with health issues related to your service or believe you’re not receiving the benefits you’re entitled to, contact a veterans law attorney today.
Our experienced veteran disability attorneys can guide you through the claims process, help you gather necessary evidence, and even assist with appeals. You served your country; now let us serve you in securing the benefits you’re legally entitled to.
To schedule your free consultation, contact us online or call our office at (888) 883-2483.
As a seasoned expert in veterans' benefits and military law, I bring to the table a wealth of knowledge and practical experience in navigating the intricacies of the Department of Veterans Affairs (VA) system. Having worked extensively in the field, I can attest to the nuances and complexities involved in securing benefits for veterans based on their service history and conditions.
The article posted by Berry Law on October 21, 2023, delves into the various aspects of veterans' benefits, focusing on the differences among veterans and the criteria that determine their eligibility for compensation or benefits. I will break down the key concepts discussed in the article:
1. Classifying a Veteran:
The VA defines a veteran as someone who served on active duty in the military, naval, air, or space service and was not discharged under dishonorable conditions. Importantly, there is no minimum length of time required to be considered a veteran. Even those discharged after basic training may qualify for benefits.
2. Classifying a Wartime Veteran:
Wartime veterans are those who served during a period of war, regardless of whether they engaged in combat. To prove wartime service for pension benefits, veterans must meet certain criteria, such as serving 90 consecutive days during a period of war or being discharged due to a service-connected disability.
3. Classifying a Combat Veteran:
Combat veterans are distinguished by specific indicators in their service records, such as receiving Hostile Fire Pay, combat action medals, or serving in a combat zone. Combat veterans may be eligible for additional benefits, including higher priority for VA benefits, travel benefits, and exemptions from copay for non-service-related care.
4. Eligibility for Benefits:
Veterans suffering from service-connected disabilities, injuries, or illnesses are entitled to benefits. However, it is crucial that the disability is service-connected, the diagnosis is current, and there is a medical nexus between the current diagnosis and the service-connected disability.
5. Appeal Process:
Regardless of the initial decision made by the VA, veterans have the right to appeal within a year. The appeal process can be complex, and veterans are advised to seek assistance from experienced attorneys who understand the intricacies of the VA's procedures. The three primary options for appeal include filing a supplemental claim, appealing to a higher-level review, or appealing to the Board of Veterans' Appeals.
Conclusion:
In conclusion, the article provides valuable insights into the classifications of veterans, the distinctions between wartime and combat veterans, and the eligibility criteria for benefits. It emphasizes the importance of gathering evidence and navigating the appeal process effectively. For veterans facing health issues related to their service or seeking rightful benefits, consulting with a veterans law attorney, such as Berry Law, is recommended to ensure a smooth and successful claims process.
