Veteran Benefit Eligibility: Understanding Denials and Exclusions

|

Apr 11, 2024

Trustworthy is an intelligent digital vault that protects and optimizes your family's information so that you can save time, money, and enjoy peace of mind.

veteran benefit eligibility

Veteran Benefit Eligibility: Understanding Denials and Exclusions

|

Apr 11, 2024

Trustworthy is an intelligent digital vault that protects and optimizes your family's information so that you can save time, money, and enjoy peace of mind.

Veteran Benefit Eligibility: Understanding Denials and Exclusions

|

Apr 11, 2024

Trustworthy is an intelligent digital vault that protects and optimizes your family's information so that you can save time, money, and enjoy peace of mind.

veteran benefit eligibility

Veteran Benefit Eligibility: Understanding Denials and Exclusions

|

Apr 11, 2024

Trustworthy is an intelligent digital vault that protects and optimizes your family's information so that you can save time, money, and enjoy peace of mind.

veteran benefit eligibility

The intelligent digital vault for families

Trustworthy protects and optimizes important family information so you can save time, money, and enjoy peace of mind

The intelligent digital vault for families

Trustworthy protects and optimizes important family information so you can save time, money, and enjoy peace of mind

Veterans are eligible for various benefits based on their service history. These benefits honor their service to the country and streamline their transition into civilian life. 

Unfortunately, they’re not always easy to claim. Understanding the causes of denials and exclusions is the first step to ensuring your claim doesn’t land the same fate. We’ll explain basic veteran benefits eligibility requirements, reasons some veterans may not qualify, and steps you can take before submitting your claim to ensure you receive your VA benefits.


Key Takeaways

  • The US Department of Veteran Affairs (VA) offers benefits covering healthcare, education, disability, and nearly every facet of life to ensure veterans have the support they need.

  • Eligibility for VA benefits depends on the applicant’s veteran and discharge status, nature of active duty, and the duration of service.

  • Some veterans are denied benefits due to insufficient or inaccurate documentation, dishonorable discharge, and outstanding felonies.


Veteran Benefits Eligibility Requirements

veteran benefits eligibility requirements

The VA administers benefits to veterans and their dependents. These benefits range from monthly stipends for disabled vets and housing assistance to healthcare and education. As a result, eligibility requirements differ widely from one program to another. 

Nonetheless, there are basic VA benefits eligibility requirements veterans must meet across all programs, including:

Veteran Status

To qualify for VA benefits, you must be a veteran or a veteran’s survivor. A veteran, as outlined by statute, is any individual who served in the active military, naval, or air service and received a discharge under conditions other than dishonorable.

This might sound obvious, but it’s an important factor to consider during claims. Some civilian groups and members of the National Guard or Reserves often qualify as veterans due to specific criteria in their service. For instance, a member of the National Guard qualifies as a veteran and is eligible for VA benefits if they were enlisted on federal active duty for at least 180 days or served their post for two decades. On the other hand, civilians qualify for the same if they serve as commissioned officers for the military.

Discharge Criteria

Military service discharges come in five categories:

  • Honorable discharge

  • General discharge

  • Undesirable discharge

  • Bad conduct discharge

  • Dishonorable discharge

To qualify for VA benefits, an individual must be discharged from service under conditions other than dishonorable. Veterans discharged under categories other than the last one typically qualify for VA benefits. 

However, only veterans released from service under honorable and general discharges enjoy a smooth sailing claims process. 

Those discharged under undesirable or bad conduct discharge are often subjected to a special “character of service determination” review. During this process, the VA appraises their entire enlistment period to assess the quality of service they delivered and determine whether it’s sufficient to qualify them for benefits.

Length of Active Duty

Before September 8, 1980, anyone who served in the military qualified for VA benefits regardless of how short their stint may have been. However, any individual enlisted after this date must now serve actively for a minimum of 24 months to qualify for benefits and even be considered a veteran. 

The only exception to this requirement is if the individual is disabled as a result of a service-connected endeavor during their service.

Nature of Military Service

The nature of your military service also influences your eligibility for VA benefits. Typically, all military services fall into two categories: wartime and peacetime service.

Wartime service refers to periods of military service during which the U.S. is engaged in a declared conflict specified by Congress. Veterans who served during this period for 90 consecutive days or more are usually eligible for extensive VA benefits, including pension and funeral benefits.

Peacetime military service occurs when the U.S. isn’t engaged in a declared war or conflict. Veterans serving during these periods are also often eligible for benefits, but the scope is typically limited.


Why Do Some Veterans Not Get Benefits?

why do some veterans not get benefits

There are a variety of reasons that some veterans do not get benefits, some of which are preventable. Let’s check out key reasons some veterans do not get benefits:

Insufficient Documentation

Although a veteran is generally any individual who served in the Army, Navy, or Air Force, some members of the National Guard, Reserve, or even the civilian population may sometimes qualify as veterans. 

As a result of these disparities, the VA usually vets anyone applying for benefits to determine if they’re actually a veteran. For this vetting, the VA primarily relies on military department service documents such as:

  • DD Form 214: This provides information about a veteran’s military service, including their dates of service, discharge status, and awards received

  • Medical records: Veterans claiming benefits related to healthcare, for instance, the disability pension, are required to provide medical records as proof of their service-connected disabilities or injuries

  • Dependency documents: Veterans or their survivors claiming dependent benefits such as indemnity compensation need to provide documentation such as birth, marriage, and death certificates to prove dependency

  • Power of attorney (POA) or representative designation: Veterans who wish to hire an attorney or any other individual to act on their behalf in VA matters must usually submit a POA form 

Some veterans or their dependents often fail to provide adequate documentation to prove their claims, resulting in the denial of benefits. For instance, veterans claiming disability pensions are often required to submit their diagnosis records and documents highlighting the functional impact of their disability on their daily activities.

Unfortunately, most veterans claiming disability pensions often submit medical diagnosis records but fail to provide the latter. This usually results in a zero percent disability rating, which translates to non-monetary benefits! 

Missing or Downplaying the C&P Exam

The VA requires veterans seeking disability benefits or pensions to sit for the Compensation and Pension exam. This exam helps prove whether the claimant’s disability or injury is service-connected. Missing this exam often results in a loss of benefits. 

Additionally, even if you do go to your C&P exam, if you play symptoms down, you may not be eligible for certain benefits you’re entitled to.

Willful Misconduct

A veteran’s conduct during enlistment also impacts their eligibility for VA benefits, especially when applying for disability or health benefits. 

If the VA determines that the disability, injury, or health condition you’re claiming benefits for resulted from knowingly engaging in prohibited actions or disregarding their consequences, you will not receive compensation. Examples of willful misconduct include deliberately abusing alcohol or drugs despite being aware of the potential consequences.

Bad or Dishonorable Discharge

Another common reason some veterans don’t get benefits is due to a bad or dishonorable discharge status. Veterans with a bad conduct discharge usually remain eligible for VA healthcare services and non-service-connected pension benefits but may be limited in other benefits. Veterans with a dishonorable discharge on the other hand aren’t automatically disqualified, but they’re generally not eligible for most VA benefits.

Outstanding Felonies

Veterans may have been discharged honorably, but if they have an outstanding felony, they will be automatically disqualified and lose out on benefits.

Claiming When It’s Too Late

Certain VA benefits are time-sensitive, depending on the application stage. For instance, veterans filing their original disability claim are typically required to file within 90-180 days before discharge. While they can always claim after discharge, the post-service claim process is usually complex and lengthy. Even more strict deadlines apply for VA benefit appeals or supplemental claims. Sadly, most veterans are usually unaware of these deadlines, resulting in the denial of benefits.

Familiarize yourself with the VA benefits claim process to ensure you don’t miss out on these deadlines. Also, keep your military paperwork organized and accessible with Trustworthy to ensure the timely submission of your applications, appeals, and other required documentation.

Confusion Over Employment

Certain VA benefits usually feature income and asset limits. For instance, the VA usually imposes income and net-worth limits on pension benefits. 

The department also prohibits employment under the Total Disability Individual Unemployability program. These limits ensure only veterans in dire need of assistance get the aid they need. However, they can lead to confusion, causing some veterans to refrain from claiming benefits. As a consequence, they miss out on potentially life-changing support.  

Lack of Knowledge

The VA offers a long list of benefits veterans can use to address individual issues without touching their monthly compensation.

For instance, under the Specially Adapted Housing (SAH) grant, veterans with specific disabilities can qualify for grants that help offset the cost of purchasing a home tailored to accommodate their disability.

The VA also offers the Special Home Adaptation (SHA) grant, which covers the cost of adapting a disabled veteran’s home to suit their needs. Despite the clear perks offered through these programs, most veterans have no idea they exist. In fact, 48% of veterans don’t understand their benefit options, which ultimately ends with them not getting the benefits they deserve.


What Can You Do If You Want to Get VA Benefits?

what can you do if you want to get va benefits

Planning to claim your VA benefits soon? Here are steps you can take to ensure you don’t miss out on your rightful benefits:

Master the Intricacies of the VA Benefits Claims Process

Claiming VA benefits should be a straightforward process, but unfortunately, it’s not. Familiarizing yourself with the various procedures is the key to ensuring you enjoy a seamless claims process. Check out the following resources to master the intricacies of the VA benefits claims process:

  • VA Government: This is the official VA department website. It features articles, step-by-step guides, and all the resources you may need to learn about the VA benefits claims process. You can even find a VA location via the website.

  • eBenefits: This website covers all things VA compensation.

  • IAM Veterans Services Program: It helps veterans with the application process for VA benefits and compensation.

Organize and Secure Your Paperwork

The VA deals with a large number of claims daily. As a result, lacking even a single document or submitting the wrong one can delay your claim for months or deny it altogether. Therefore, if you are a veteran or a dependent of one, ensuring you have all your paperwork in line before submitting a claim is essential.

While physical filing is a good way to keep the documents secure, they remain susceptible to physical damage and loss. Consider using Trustworthy to secure and organize your military service documents. Trustworthy is a digital storage system designed to organize and manage important documents securely.

Furthermore, you can add and control permissions. This allows you control over who has access to what and means you can add your attorney and dependents to your Trustworthy account, ensuring their access to your military service documents for benefit claims even after your passing.

Show Up & Be Truthful at Your C&P Exam

Clay Simms, a US Marine Corps veteran and the creator of TheCivDiv says:

“Do not hold anything back… I always recommend veterans to be open, be honest, and be vulnerable. If you’re asked how you’re doing today, if you’re feeling down, let the examiner know. If you’re depressed, talk about it. This is your chance to tell the VA exactly what is going on in your life.” 

Holding anything back or downplaying symptoms is one of the biggest mistakes you can make. Being vulnerable and fully open for just this short period of time can allow you to get all the benefits you deserve.

Get an Attorney to Help You

Whether you’re filing for disability, education, or health claims, one thing is certain: the process is complex and lengthy due to the number of applications the VA has to handle. 

Because of this, you should consider hiring a veteran attorney to help you out. They’re familiar with the intricacies of VA benefits claims and will offer personal attention to your case, ensuring the best outcomes. Also, should your claim be denied, they know just the steps to take to appeal your case successfully. 

So, hiring an attorney to advocate for you is among the best decisions you’ll make when claiming VA benefits. Add them to your Trustworthy account to provide them with seamless access to all your military service documents.


Frequently Asked Questions(FAQs)

How do I know if I qualify for VA benefits?

If you served in active duty in the military, naval, or air forces and were discharged under honorable conditions, you qualify for VA benefits. However, if you’re unsure of the specific benefits you qualify for, contact your local VA representative or consult an attorney specializing in VA matters.

What should I do if my VA benefits claim is denied?

If you believe your claim was wrongfully denied, you should file for a Notice of Disagreement with the US Department of Veterans Affairs to initiate the formal appeal process. Use Trustworthy to organize all relevant and additional documents, from medical records to statements from service members, to ensure seamless retrieval should the VA request them. 

Can I receive VA benefits if my income exceeds certain thresholds?

Yes. Although some VA benefits, such as need-based pensions, are subject to income and asset limits, most don’t have strict income requirements. 

For instance, regardless of income level, healthcare and education benefits are usually available to veterans. Ultimately, whether or not you receive the benefits depends on the VA benefits program in question.

How long does it take to receive VA benefits after filing a claim?

It depends on the type of benefit you’re applying for, the complexity of your claim, and the current workload at the VA office handling your claim. However, the average time is 158 days.

Do I need a disability advocate to apply for VA benefits?

No, a disability advocate is not a prerequisite when applying for VA benefits. However, hiring one may be a good idea, as they are trained and experienced in navigating the VA benefits system and will help you understand all the benefits you’re eligible for to maximize your support. 

What types of documentation do I need to support my VA benefits claim?

Common documentation needed for VA benefits claims includes the DD Form 214 or an equivalent for National Guard or Reserve service. You also need medical evaluations, diagnosis and treatment plans, service treatment records, and financial paperwork like bank statements and tax returns. 

If you’re applying for your dependents, you may need to provide marriage, birth, or adoption certificates. Dependents applying for a deceased veteran’s benefits are required to submit a death certificate. Use Trustworthy to ensure all these documents are well-organized and easily accessed.

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