Medical discharged during basic training

[MrStryker]

My uncle was in basic training and was discharged for hearing back in 72. He received an honorable discharge according to his DD214. 

Would there be a claim based on the presumption of soundness? I haven't seen any of the entrance exams other than his DD214.

[broncovet]

Check the eligibility rules.  The GCM is likely irrelevant, and does not appear in the eligibility rules.    

https://www.va.gov/health-care/eligibility/

I dont know if he served long enough to be eligible or not.  As explained above, it may depend on your discharge code.  

Edited July 4, 2019 by broncovet

[Buck52]

Back in 2000  I had a neighbor that  was in basic training back in 1965  yeah he was 65 years old at the time on SSDI, anyway he was discharged back then (1965)after just being in basic training a month or so he hurt his back  broke it  was medically discharged....He ask me if he could get benefits at the VA MC?  I said I don't know  lets go find out .

I called the VAMC closes to us and they said bring his DD 214  (Which he had one) and his birth certificate /Drivers License, I took him to the VAMC  They sign him up and he seen  a Dr that day and waiting at the pharmacy to get his Meds.  now the claims maybe some what different?

but your either a Veteran or you ain't.?  one of the two!

unfortunately he died a few years ago. heart attack 

 just have to see the right person.  one that knows the Regulations as to what constitutes  being a Veteran.

My guess is when your sworn in and make the pledge to defend the USA  then that makes you a Veteran  because you belong to Uncle Sam  then.  

 

 

 

 

 

 

 

 

 

 

[broncovet]

Buck, I dont think so.  Too many people (at least tried to) rip  off the government, getting in boot camp (sometimes by lying about their ailments), then expecting lifetime benefits after an "injury", after a day or a week in service.   

This report suggests Im right about that.  

https://fas.org/sgp/crs/misc/R42324.pdf

In pertinet part:

"Length of Service Criteria for Veteran Status For people who enlisted prior to September 8, 1980, no minimum length of service is necessary to be considered a veteran for most VA benefits. However, certain minimum length of service requirements apply to people who enlisted on or after September 8, 1980. The general requirement is the “full period” for which the servicemember was called or ordered to active duty or, if less, 24 months of continuous active duty. 14 Several exceptions exist to this rule. For example, service-connected disability compensation benefits are exempt from the length of service requirement. Thus, a veteran with a disease or injury incurred during active service generally may receive service-connected compensation for that disability.15 Other exceptions to the minimum service requirements include claims for VA life insurance benefits,16 hardship discharges,17 and persons retired or separated from service because of a service-related disability.18 If the former servicemember did not serve for the full period of active duty and served less than 24 months, and none of the statutory exceptions apply, then the veteran did not complete a minimum period of active duty and is “not eligible for any benefit under Title 38, United States Code or under any law administered by the Department of Veterans Affairs based on that period of active service.”19

end of report quote.  

The way I see it is you "sign a contract" for 2 or more years.  If you fufill that contract and get a discharge other than dishonorable, you get your benefits.  But, if you dont fulfill your part of the contract, through your own fault, you dont get benefits.  Again, if you are injured or killed in service, and your doctor says its not due to willful misconduct, then you will get benefits, of course.  But, if you get injured enough in the first week or two, then it probably is going to depend on what the doc says.  

It indicates you need to fulfill your FULL term of service to have full VA benefit eligibility.  If you signed up for 4 years, you need to serve 4, or 2 if you signed up for 2.  

I think they make exceptions to the real deal when you are really injured in service and get a medical discharge.  A medical would turn to honorable if you were really injured, but I think the VA has a way out for the fakers who fake an injury in boot camp to try to get lifetime benefits.  I imagine that is a judgement call made by doctors.  

My oldest son, was in the Reserves and went to buy a home.  His Certificate of Eligibility for VA home loans, while available online, was apparently "pulled" as he did not have the requiste 24 months of "active duty".  He did not get the VA loan for that reason alone.  Apparently he was in at least 2 years, but not 2 years of "active duty"...something less than 2 years.  Barely less.  

This is consitent with what my son said about his boot camp.  They asked him, "Do you want to quit?"    If you quit, no benefits.  Of course, he did not quit, but some did.  

Its different when we went in.  There was a draft then.  We had no choice but to serve.  Now, its an all volunteer military.  It changed things.  

Edited July 5, 2019 by broncovet