Special Edition: VA Disability for Guard and Reserves
I don't know about your experience but... filing for disability often feels like a topic whispered about between briefings or after hours. There’s absolutely no shame in seeking assistance for medical conditions related to your military service, whether during or after your time in service. While other Guard/ Reserve units or Active Duty roles might offer disability briefings, not everyone gets the same training on this crucial process. To support my fellow Guardsmen and Reservists (across the Army, Air Force, Marine Corps, Navy, Coast Guard, and... Space Force? Do they have the Reserves yet?), I’ve compiled the below information from various parts of the internet. I hope you find it valuable and easy to use. Feel free to share in the comments which part you found most helpful!
**Please note: The best resources will always be a Veterans Service Officer (VSO) located at a VA office as well as the VA website. Now, let's get on with the show.
Who is Eligible for VA Disability?
For Guard and Reserve veterans, eligibility depends on whether you developed a condition or experienced an injury while on orders (in service). The duration and type of orders play a crucial role in determining if your condition is service-connected. We’ll dive into the details soon, but here’s a quick overview of the types of orders that can impact your claim:
Active Guard Reserve (AGR)
Title 10/ Title 32
Active Duty for Training (ADT)
Inactive Duty Training (IDT)
Drill weekends
Traveling to or from duty locations
State Active Duty (SAD)
To file a VA disability claim, you'll need to show that your injury or condition is linked to your time on duty. Your first step is typically to obtain a Line of Duty (LOD) report, or for Coast Guard Reservists, a Notice of Eligibility (NOE), proving that your condition either occurred or worsened during your orders. Understanding how crucial documentation is throughout this process is key... Or as we say in medical, if it wasn't documented, it didn't happen.
What is a Line of Duty (LOD) Determination?
An LOD verifies that your injury or illness was sustained or worsened during service and was not the result of willful misconduct or substance abuse. Having an LOD determination can be crucial since it guides the VA to consider the injury service-connected unless exceptions like:
Desertion or absence without leave
Imprisonment by court-martial
Felony convictions
Heads up: While an LOD may validate the incident, it doesn't automatically guarantee a service connection for your current condition. If the VA examiner finds insufficient evidence to link the injury, your claim may still be denied. Strengthen your case by submitting additional evidence like buddy statements and medical records from before and after service.
What to Do If You Don’t Have an LOD
If you cannot obtain an LOD, you can still support your claim by submitting Buddy Statements (VA Form 21-10210), personal declarations, and communications with your chain of command. This documentation can supplement your claim if formal LODs are missing.
No LOD, but deployed? Ensure your pre- and post-deployment physicals accurately reflect your health status. These can serve as vital evidence when filing your claim.
Active Duty for Training (ADT)
During ADT periods, such as basic training or annual training, injuries incurred can qualify for VA disability if properly documented. Travel-related injuries to or from ADT are also eligible, provided the incident occurred within a reasonable time frame of the duty period.
No DD-214 yet? If you didn’t receive a DD-214 after ADT, submit alternate documents like orders or retirement point worksheets to verify your service. You can always request a DD-214 for your completed set of orders. If you are still in service, speak with FSS or your unit's FSS representative.
Inactive Duty for Training (IDT)
Claims for injuries incurred during IDT (e.g., drill weekends) require an LOD. Without this report, it may be harder to prove that your injury happened during service. Be sure to include drill orders or point sheets with your claim.
Chronic conditions? IDT-based claims typically cover physical injuries. Certain medical conditions like heart attacks, strokes, or PTSD related to military sexual trauma (MST) may also qualify.
Service Under Title 32
National Guard members under Title 32 orders, which are issued by state governors, may be eligible for VA benefits if a disability was incurred during service. Submit Title 32 orders alongside your retirement point sheets for the best chance of approval.
Understanding Orders and Service Connection
The type of orders you serve under and the length of time on those orders play a significant role in determining whether a condition can be connected to your service for VA disability compensation. This is especially important for National Guard and Reserve members, as their service often includes various types of duty statuses, each affecting VA benefits differently.
Active Guard Reserve (AGR) Service
Active Guard Reserve (AGR) service refers to full-time duty in the active military or National Guard Reserve. During this period, all disabilities incurred or permanently aggravated can be considered service-connected. This means any condition that arises or worsens during your AGR service can be linked to your military service, provided there is sufficient evidence.
Additionally, if you develop certain conditions within one year of completing your AGR service, and your period of service lasted at least 90 continuous days, these conditions could qualify as presumptive. Presumptive conditions are automatically assumed to be service-connected if they manifest to a degree of at least 10% disabling within that one-year window. Common examples include chronic conditions like arthritis, cardiovascular issues, and some neurological disorders.
Key Points to Remember for AGR Service:
You can file a VA claim for any injury or illness that arose or worsened during your AGR service.
If you develop a presumptive condition within one year of completing a 90-day AGR period, it can qualify for service connection, simplifying your claim.
You can file a disability claim up to 180 days before your separation from AGR service.
Filing a BDD Claim:
One of the best ways to ensure a smooth transition from military to civilian life is to file a Benefits Delivery at Discharge (BDD) claim. You can submit this claim if you are 180 to 90 days away from your separation date. Filing within this window may result in a quicker decision, potentially allowing you to receive a disability rating and compensation shortly after leaving service.
Steps to Strengthen Your Claim
Gather all medical and service records.
Provide buddy or personal statements if lacking formal documentation.
Submit communications with your chain of command to reinforce your claim.
Final notes:
You can work with a Veterans Service Officer (VSO). VSOs provide free assistance in filing your claim, gathering the necessary documentation, and guiding you through the process.
You can file your claim online through the VA’s eBenefits portal, or you can submit it via mail or in person at a VSO office.
If you disagree with a claim, you can submit a VA Form 10182 online or by mail.
Always notify the VA of any changes in your address or contact details.
Filing a BDD claim gives you priority, but only if all the required documentation is provided before your separation date.
Learn More Information
For a detailed walkthrough on filing VA disability claims, check out my post, "How I Filed for a VA Disability Claim: Step-by-Step Guide." While I always aim for my guides to provide helpful insights, I continue to recommend reviewing the latest information directly from a Veterans Service Officer (VSO) or the VA website, as policies and procedures can change over time.
Comments