Does National Guard Service Qualify for “Veteran” Status?April 16, 2012 8:12 pm Veterans Benefits
In order to qualify for Veterans Benefits, in particular, Compensation or Pension, an individual must meet the definition of veteran, and must also meet the active duty requirements contained in the Code of Federal Regulations, specifically 38 C.F.R. §3.6. Often the question is asked whether a person who served in the National Guard can qualify for Veterans Benefits. The answer, with applicable Code citations, is below.
National Guard members are only eligible for VA benefits stemming from their federal service, which includes periods during which they were ordered into federal service by the President under 10 U.S.C.S. §12401 to perform duty under the provisions of 32 U.S.C.S. §§316, 502, 503, 504 or 505. National Guard members who are ordered into the active service of a state are not eligible for VA benefits related to that service. The active duty definitions are found in 38 C.F.R. §3.6, and for National Guard, see specifically (c)(3).