The legal definition of military service is active duty service in one of the five branches of the United States Armed Forces: the Army, Navy, Air Force, Marines, or Coast Guard. It can also apply to members of the U.S. National Guard who get called to active service by the President or Secretary of Defense in response to a national emergency.
Military service also covers periods during which an active duty servicemember is absent from duty for a lawful cause. Lawful reasons for absence from duty include sickness, recovering from wounds, and approved leave. It does not cover periods during which a servicemember is absent without leave (AWOL) or placed in reserve duty.
This definition matters for VA disability purposes because VA grants benefits only to veterans who suffer medical conditions as a result of an event during their military service. A VA disability lawyer can review your medical and military service records and help you apply for benefits. For a free case evaluation, call the Law Offices of Ogle, Elrod & Baril, PLLC at 866-628-8179.
Military Service and VA Disability
To qualify for VA disability benefits, you must have performed active duty military service as defined above, and you must have received a diagnosis of a medical condition suffered as a result of a specific event during your service. That is, a connection, or “nexus,” must exist between the event and your condition.
If, for instance, you are applying for VA disability because of a back injury, you will not receive benefits if your injury occurred in the gym following your discharge. VA requires a link to active-duty military service, which is known as a “service-connected disability.”
If your back injury occurred while fighting in combat or while in the throes of a rigorous training exercise, and you can prove it, then you have a high probability of getting approved for VA disability benefits.
For a Free Case Evaluation With a Member of a VA Disability Legal Team, Call the Law Offices of Ogle, Elrod & Baril, PLLC, Today at 866-628-8179
If you have questions about applying for VA disability benefits, a lawyer from the Law Offices of Ogle, Elrod & Baril, PLLC, can help you. We fight for the rights of disabled veterans and want to ensure you receive the full benefits you deserve following your service to our country. To receive a free case evaluation with a member of our team right away, call us at 866-628-8179.