DISABILITY CLAIM QUALIFICATION
At Heroes 1st our primary goal is to ensure you received the benefits you are entitled, for you and your family. We’re here to help you navigate and streamline the Veterans Administration process as it relates to disability benefits claims. We ensure that Veterans and their family members receive appropriate representation on their VA benefits claims. VA accreditation is for the sole and limited purpose of preparing, presenting, and prosecuting claims before the United States Veteran Administration.
Disability Claim Qualification
Definition of a Veteran
One must be a veteran to receive veterans’ benefits. In addition, benefits for a survivor must be linked to someone who was a veteran.
Veteran- The term mean “a person who served in the active military, naval, or air service and who was discharge or released therefore under conditions other than dishonorable”. 38 U.S.C.§101(2); Active military includes the Army, Navy, Marines, Air Force, and the Coast Guard.
National Guard and Reserve member are not considered veterans unless they were called up to active duty by the President of the United States and served the appropriate length of time to receive an award for a benefit or they honorable completed the length of obligation for which they were called.
DIC “Disability Compensation and DIC are available to reserve and guard members who were not on active duty but sustained injury and certain medical conditions from active duty for training and injury from inactive duty for training.
You are a United States veteran with an honorable, general or medical discharge?
Honorable. The Honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for military personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate.
General (Under Honorable Conditions). If a member's service has been honest and faithful, it is appropriate to characterize that service under honorable conditions. Characterization of service as General (under honorable conditions) is warranted when significant negative aspects of the member's conduct or performance of duty outweigh positive aspects of the member's military conduct or performance of duty outweigh positive aspects of the record. Many people believe that separating at the end of the normal term of service guarantees an Honorable Discharge. This is not so. All administrative discharges take into account the individual's conduct and performance. Too many disciplinary infractions or low-performance report ratings may result in a General (under honorable conditions) discharge.
Other Than Honorable Conditions. OTH Discharges the lowest form of discharge one can receive administratively. These are warranted when the reason for separation is based upon a pattern of behavior that constitutes a significant departure from the conduct expected of members of the Military Services, or when the reason for separation is based upon one or more acts or omissions that constitute a significant departure from the conduct expected of members of the Military Services.
Dishonorable Discharges. There is a difference between the OTH Discharge and the Dishonorable Discharge. The OTH does not require a court-martial in order to leave the military; this happens purely through administrative process. However, a dishonorable discharge is the lowest form of discharge you can receive and must come from a general court-martial - in other words - a trial. These are typically criminal acts that lead to dishonorable discharges. You will not only leave the military with no benefits of having served, but you will take with you a criminal record that will be visible by future employers.