DD214 required to file for VA disabilities?

Horse

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Hello Brain Trusts; I am a reservists without a DD214 as per DODi I need 90 days of orders to obtain and I can even retire after 20 yrs and not get one. I filed my VA claim and was denied due to lack of DD214. I even sent up my MTF medical records and orders in which the injury happened and yet no DD214 = denied.

So, questions is do I need a DD214 to press and if I do not where in the CFR is it located that I must have DD214 to press with my claim.

Thank you in advance,

Horse
 

Provis

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Hello Brain Trusts; I am a reservists without a DD214 as per DODi I need 90 days of orders to obtain and I can even retire after 20 yrs and not get one. I filed my VA claim and was denied due to lack of DD214. I even sent up my MTF medical records and orders in which the injury happened and yet no DD214 = denied.

So, questions is do I need a DD214 to press and if I do not where in the CFR is it located that I must have DD214 to press with my claim.

Thank you in advance,

Horse
Did you do basic training and AIT yet? If both of those were done that alone would get you 90 days of active duty time which would trigger a DD214.
 

Horse

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Provis, I finished RCOT airforce 2 week wonder with flight surgeons school for 6 weeks. I never busted the 90 day requirement.

Thanks for your help.
Horse
 

Provis

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Provis, I finished RCOT airforce 2 week wonder with flight surgeons school for 6 weeks. I never busted the 90 day requirement.

Thanks for your help.
Horse
Do you have 90 total days of active service? I am not sure if you can claim a disability if you haven't had at least 90 days of active duty time.
 

RonG

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Do you have 90 total days of active service? I am not sure if you can claim a disability if you haven't had at least 90 days of active duty time.
That is my understanding as well.

Ron
 

Horse

PEB Forum Regular Member
Registered Member
I do not and that is why I asking the brain trust here to see if I really need a dd214 for the disability filing. I would think that you would not as if you had a bad injury on IDT should be enough to file and that a dd214 is mute point.
Thank you!!
 

RonG

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Hello @Horse ,

Ref: See this LINK <--- for General VA benefits.

M21-1, Part III, Subpart ii, Chapter 6, Section B - Service Requirements and Verification of Eligibility

3. Forms of Evidence for Verification of Service and COD [link at bottom of page]






Change Date

February 19, 2020

III.ii.6.B.3.a. Acceptable Forms of Evidence of Qualifying Active Service

Consider only the documentary evidence of qualifying service listed in the table below as adequate evidence of service for eligibility determinations.

Consider acceptance of …Of a …As adequate evidence of service for eligibility determinations because …
the original (copy 1)DD Form 214, printed prior to July 1, 1979,it contains COD information.
the original (copy 1)PHS Form 1867, Statement of Service – Verification of Status of Commissioned Officers of the U.S. Public Health Servicethis information is furnished by the PHS.
the original (copy 1)NOAA Form 56-16, Report of Transfer or Dischargethis information is furnished by NOAA.
the originalNGB Form 22, National Guard Report of Separation and Record of Servicethis information is furnished by the service department.
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 signaturereport 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 other report of separation documentauthorized employees of the Veterans Service Center can authenticate photocopies of DD Form 214.
a digitally signed copyDD 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 Generala digitally signed form contains a 10-digit 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 abstractDD Form 214 or equivalent certified by a local or State government officialthe 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. This includes any electronically transmitted service information provided to a 3rd party such as a Veterans service organization.
a copy or abstractDD Form 214 or equivalent submitted or already of record when a valid application for plot benefits has been submitted by a State cemetery

Important: This is for State plot burial benefits only.
  • this information is furnished by a State cemetery, and
  • the form appears genuine and unaltered.

Reference LINK <----

Ron
------------------------------
Edited to add:
Eligibility for VA health care | Veterans Affairs <---LINK for VA Health Care Eligibility

Am I eligible for VA health care benefits?​

You may be eligible for VA health care benefits if you served in the active military, naval, or air service and didn’t receive a dishonorable discharge.
  • If you enlisted after September 7, 1980, or entered active duty after October 16, 1981, you must have served 24 continuous months or the full period for which you were called to active duty, unless any of the descriptions below are true for you.

    This minimum duty requirement may not apply if any of these are true. You:
    • Were discharged for a disability that was caused—or made worse—by your active-duty service, or
    • Were discharged for a hardship or “early out,” or
    • Served prior to September 7, 1980
  • If you’re a current or former member of the Reserves or National Guard, you must have been called to active duty by a federal order and completed the full period for which you were called or ordered to active duty. If you had or have active-duty status for training purposes only, you don’t qualify for VA health care.
 

RonG

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Ron- Thank you! Looks like I am screwed.

HOrse
Hello @Horse ,

One of my long replies was lost in space.

It included reading pages 3-5 of this reference:
https://fas.org/sgp/crs/misc/R42747.pdf <---LINK

Congressional Research Services
Health Care for Veterans: Answers to Frequently Asked Questions

See your mailbox...

Ron

I inadvertently posted my reply to you in the thread of another veteran; I was working both cases simultaneously.

Hello,

First, COD which is shown in the table I copied and pasted in my preceding message, stands for Characterization of Service.
Second, I knew little about this subject until one hour ago.

The M21-1 reference I provided above is the VA internal manual for adjudicating VA claims.

I copied a section that showed what evidence/proof of eligibility would suffice under certain conditions. NG and RC cases are shown (note the forms cited).

The following reference discusses Active Duty, RC, and NG eligibility among other things:

https://fas.org/sgp/crs/misc/R42747.pdf <---LINK
Recommend reading pages 3-4 rather than me pasting the info into this post.

Good luck,
Ron
 
Last edited:

dfminor

New Member
Registered Member
Did you do basic training and AIT yet? If both of those were done that alone would get you 90 days of active duty time which would trigger a DD214.
BCT and AIT do not count towards active duty time for VA eligibility. If they are a reservist, any deployments count (if they received a DD 214 when they were released from AD).
 
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