f. Service Department Findings Binding on VA With Respect to Service In , 13 Vet.App. 376 (2000), the Court of Appeals for Veteran Claims (CAVC) held that active service dates certified by the military are binding for the purpose of making determinations on entitlement to benefits. In the Spencer case, the Veteran was discharged as “an alcohol abuse rehabilitation failure” on February 14, 1983. Because of problems with the urine specimen that formed the basis for the discharge, a military correction board corrected his records to show continuous active duty service until August 15, 1985. The CAVC held that service connection (SC) could be established for a disability incurred between February 14, 1983, and August 15, 1985. Reference: For information on character of discharge and minimum active duty service requirements, see , and . 2. Duty Status and Eligibility of Reservists Introduction This topic contains information on reservist eligibility, including initial duty of a reservist eligibility of reservists for compensation and pension Reserve service programs that constitute active duty of Reserve duty that do not constitute full-time active duty, and developing for service verification on a claim submitted by a reservist. Change Date January 28, 2016 a. Initial Duty of a Reservist Generally, Reserve and Guard members without prior active service undergo a period of active duty for training (ACDUTRA), lasting from four to seven months. This training may be taken in a single period or as two separate periods. Reference: For information on National service, see M21-1, Part III, Subpart ii, 6.3. b. Eligibility of Reservists for A reservist may meet the criteria for establishing Veteran status for compensation and pension purposes if he/she meets any of the criteria for active service.
Restrictions for Public Health Service (PHS) and National Oceanic and Atmospheric Administration (NOAA) enlistments This discharge cannot be authorized by the PHS and NOAA as only officers serve in those branches. Disability Discharge This discharge is for those individuals who are discharged or released from active duty for a disability determined to be SC without presumptive provisions of law, or at the time of discharge, had such an SC disability shown by official records which, in medical judgment, would have justified a discharge for disability. Compensable SC Disability This discharge applies to individuals with a compensable SC disability. Discharge from Reserve Status for Disability This discharge is issued to an individual who incurred an SC disability from an inactive duty training injury and is subsequently discharged or released from Reserve status for that disability. The individual should be considered to have been discharged or released from active service. d. Entitlement to Benefits Before Enactment of 38 U.S.C. 5303A Entitlement to any benefit legally provided prior to the date of enactment of , October 1, 1981, based on minimum active duty service requirements in effect at that time, is not affected. Example: An individual issued a certificate of eligibility for a VA home loan guaranty prior to October 1, 1981, continues to be eligible for that benefit even though his/her active duty service no longer qualifies him/her under . 5. General Information Regarding Verification of Service and Character of Discharge
the original (copy 1) NOAA Form 56-16, Report of Transfer or Discharge this information is furnished by NOAA. the original NGB Form 22, National Guard Report of Separation and Record of Service this information is furnished by the ARNG-HRH. the original (copy 1) report of separation document that includes the Veteran’s name, rank, service number, dates and character of service, and the Veteran’s signature report of separation documents were issued prior to the implementation of DD Form 214. any carbon copy (copy 2 through 8) original DD Form 214 (any edition) or report of separation document authorized employees of the Veterans Service Center (VSC) can authenticate photocopies of DD Form 214. Note: For more information on this see M21-1, Part III, Subpart ii, 6.6.d. a digitally signed copy DD Form 214, or DD Form 215, Correction to DD Form 214, issued by the Department of Defense (DoD), a military service branch, or a State Adjutant General a digitally signed form contains a number that follows the certifying official’s name and it is acceptable in place of a certifying official’s signature if the form appears genuine and unaltered, and the Veteran was discharged on or after August 1, 2008, under other than dishonorable conditions. a copy or abstract DD Form 214 or equivalent certified by a or state government official the copy or abstract was certified by a local or state government official whose office recorded the Veteran’s original service DD Form 214 or equivalent. Note: A copy or abstract of the Veteran’s original (copy 1) of the DD Form 214 dated July 1, 1979 or later is not acceptable. Reference: For information on accepting copies of DD Form 214 from the Records Management Center (RMC) as verification of service, see M21-1, Part III, Subpart iii, 2.A.8.d.
the claimant is a surviving spouse or child who has filed for Survivors Pension the Veteran’s service must meet the basic eligibility criteria of M21-1, Part III, Subpart ii, 6.7.d for pension. the claimant is a surviving spouse, or parent who has filed for DIC refer the claim to the Rating activity for a determination. Note: If death occurred in service, see M21-1, Part IV, Subpart iii, 1.B.3.b to determine if a rating decision is necessary. Exception: If a parent(s) income is excessive for DIC, deny the claim without referral to the Rating activity. the claimant is a surviving spouse, child or parent who has filed for Survivors Pension or DIC the claimant’s relationship to the Veteran must be established. Reference: For information on relationship, see through . the claim is for a burial or plot allowance the specific requirements of must be met. f. Eligibility Determinations for Related Benefits Use the following table when making eligibility determinations regarding related benefits. Type of Related Benefit Eligibility Requirements Automobile or other conveyance allowance payment) Requires SC disability or a disability incurred due to treatment , which results in loss, or permanent loss of use, of one or both feet, or one or both hands, or permanent impairment of vision of both eyes to a prescribed degree. Reference: For more information on payment and eligibility for automobile allowance, see M21-1, Part IX, Subpart i, 2, and .