Some Help Please!

[markr62]

hello to all u vets on this forum. i am new in here.id like a little help from someone?

i was in the ct national guard 242 engr bn in stratford ct but now i reside in maine.

i did get a honorable discharge. and i am trying to get my vet status going. i was injured.when i was

in traing. i did go to ft dix in nj only for 2wks i was sent home because i did not meet the armys

weight requirements. i did all i could to gain it but no luck. i did not have any active duty. but i was

in for 2yrs 8 months and 24 days thats what my seperation paper says i did achive the rank of pvt

id like to know if this still makes me a veteran i have had a lot of lawyers tell me that i am and one told me thank you for sevrving my country. i myself have been to the va here in this state i just recently got my paperwork going .i did have it once before but i guess i was listening to the wrong ppl

i have been through my local congressman.and he can only do so much. im hoping i can get atleast

10% but that might look iffy. i am hopeing that because i did not have any active duty. that i might not get anything i am on disability from the social securtiy am i am getting 100% benifits from that.

this might be relted to the injury i got whiel i was in the guard. yes i have been to alot of drs.

but does anybody know if i will have to go to the va?which here it is called togus i hope somebody can anwser this question i have. i also wonder if i get any ribbons or anything i know i can get one for haveing the honorable discharge. plus i can get the vet plates for our car. but i need to know if there is anythign else. thanks abunch any help would be very gratefull.

mark

[Guest rickb54]

Mark,

Welcome to hadit.

I can't really answer your question about veteran status, because there are different rules for different periods of service, I would have to do some research before I could answer with confidence. Also is sould like you only had national guard duty, where you activated for the present war?

Just because you have Social Security disability does not mean you will get va disability. The VA is required to review your ssd file but they do not have to grant va disability based on the file.

Have you put in a VA claim? if so can you be more specific as to the type of medical issue you have.

I am sure others will volunteer information as your questions become more clear.

[markr62]

Mark,

Welcome to hadit.

I can't really answer your question about veteran status, because there are different rules for different periods of service, I would have to do some research before I could answer with confidence. Also is sould like you only had national guard duty, where you activated for the present war?

Just because you have Social Security disability does not mean you will get va disability. The VA is required to review your ssd file but they do not have to grant va disability based on the file.

Have you put in a VA claim? if so can you be more specific as to the type of medical issue you have.

I am sure others will volunteer information as your questions become more clear.

no not the present war. but my unit almost went to grenada. but we had to stand down because the seabees were overthere already. yes i did already put in a va claim. one in 1992.which got closed and i did reopen it now.2 that was just a question about ssd i already know the rest.

im just trying to get as much info as i can get. sorry for the confusion

[Pete53]

Mark

Welcome to Hadit. You should go to the nearest VA Hospital and apply for benefits, They will be able to tell you if you achieved Veteran Status, If you were injured in Training and the VA Service Connects you it could be a different story.

One important thing to remember is that if they say no you can still appeal the decision.

[Berta]

According to the VBM page 31, 2006 edition

National Guard and Reserve duty are not considered active 'service' unless an individual performing this duty was disabled or died from a disease or injury incurred or aggravated in the line of duty.

"Reserve and National Guard members who served on active duty are eligible for the same VA benefits as other veterans." 38 USCS 101(24) , 38 CFR 3.6 (a) 2006

Active service is defined as

1. active duty

2. any period of active duty for traning during which the individual was disabled or died from a dsease or injury incurred or aggravated in the line of duty-

and

3. Any period of inactive duty training during which the individual was disabled or died from injury incurred or aggaravted in the line of duty.

This is just a brief overview because there are also considerable other definitions of "active duty"and these are all found with 38 CFR 3.6 ( © and (d) -there is a link here at hadit to 38 CFR.

Is the injury you got in service documented in your SMRs (Service medical records) and was it noted on your discharge physical?

Why did the VA deny your claim in the past?

Do you have the exact wording of that decision?

:

[markr62]

According to the VBM page 31, 2006 edition

National Guard and Reserve duty are not considered active 'service' unless an individual performing this duty was disabled or died from a disease or injury incurred or aggravated in the line of duty.

"Reserve and National Guard members who served on active duty are eligible for the same VA benefits as other veterans." 38 USCS 101(24) , 38 CFR 3.6 (a) 2006

Active service is defined as

1. active duty

2. any period of active duty for traning during which the individual was disabled or died from a dsease or injury incurred or aggravated in the line of duty-

and

3. Any period of inactive duty training during which the individual was disabled or died from injury incurred or aggaravted in the line of duty.

This is just a brief overview because there are also considerable other definitions of "active duty"and these are all found with 38 CFR 3.6 ( © and (d) -there is a link here at hadit to 38 CFR.

Is the injury you got in service documented in your SMRs (Service medical records) and was it noted on your discharge physical?

Why did the VA deny your claim in the past?

Do you have the exact wording of that decision?

:

i did not have a physical for my discharge

not enough evidence but then they sent me another letter telling me that.

i did not need to take anymore action and that was the last time i heard from the va

i recently got a letter saying that they r looking my claim over as we speak

but there might be a delay.

[Berta]

Sounds like their generic form letter-

do you have the exact wording of their last denial?