Noteboom The Law Firm

VA Attempting To Define Veteran Status

November 22, 2010 - Determining who is and who is not a veteran does not seem like it would be that much of a challenge. The Department of Veteran Affairs (VA) took it upon itself to define who met the definition of "veteran," and to no surprise, not everybody agreed with the VA's definition.

The VA's definition of who is a veteran is very simple: veterans are enlisted men and women who served at a minimum 180 days of active duty. These 180 days do not include time spent in training environments and that is irrespective of how much time they put into the service.

That definition tends to anger 2 particular groups of soldiers: The National Guard and the Reserves. The old adage of not being able to run a war without National Guard and Reservists is very much true. Guardsmen and Reservists rarely escape duty in Iraq and Afghanistan so the majority of them are likely combat veterans. Because they have never served on extended active duty, however, they are not considered veterans by the VA.

This definition applies to even those Guardsmen and Reservists that have served their 20 plus years and are entitled to draw retirement and health benefits. Yet, non-veterans are not eligible to draw benefits. Earlier this year the House passed a bill, however, giving veteran status to those Guardsmen and Reservists who served 20 years or more. This qualifies all such people for their owed retirement pay.

Guardsmen and Reservists automatically qualify for pension and health benefits when they reach 60 years of age. So the bill's passage is more about honor than benefits. The Senate has yet to act on the bill, but it is hoped they will now that sessions have reconvened.