Basic eligibility criteria for VA benefits

To be eligible for most VA benefits, the claimant must be a veteran or the survivor or the dependent of a veteran. By statute, a veteran is defined under 38 C.F.R. § 3.1(d) as a “person who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable.” This is generally established by the veteran's DD214 or other discharge documents. By statute, a "surviving spouse" is defined under 38 C.F.R. 3.50(b).

The statutory definition of a veteran requires that the individual be discharged or released from military service “under conditions other than dishonorable.” See 38 C.F.R. §3.12. There are currently five types of discharges issued by the military services:

1. Honorable discharge 

2. General under honorable conditions or general discharge

3. Other than honorable conditions (OTH) or undesirable discharge

4. Bad conduct discharge (BCD)

5. Dishonorable discharge

The statutory definition of a veteran does not precisely match those five categories of the discharges above, and the VA often determines on a case-by-case basis whether the claimant’s discharge qualifies as under conditions other than dishonorable. VA considers honorable discharges and discharges under honorable conditions (the first two of the five categories) to be conditions other than dishonorable and are binding the VA. Other than Honorable and Bad conduct discharges from a special court-martial and other discharges made under other than honorable conditions do not always disqualify the claimant from being considered a veteran for purposes of benefits eligibility. In the case of such a discharge, the VA makes a special “character of discharge" determination. The VA reviews the entire period of the claimant’s enlistment to assess the quality of the service and to determine whether it is sufficient to qualify the discharge as being under conditions other than dishonorable. If a claimant has served more than one period of enlistment, different discharge categories may be specified for each period.

"Active service" and length of service requirements:

A claimant must have “active military, naval, or air service” to be considered a veteran for most VA benefits. In general, active service means full-time service as a member of the Army, Navy, Air Force, Marine Corps, and Coast Guard; as a commissioned officer of the Public Health Service; or as a commissioned officer of the National Oceanic and Atmospheric Administration or its predecessors. 

In addition to the above active service and discharge requirements, there is a certain minimum length of service requirement of at least 24 continuous months of active duty that apply to veterans who enlisted on or after September 8, 1980. However, there is no minimum length of service requirements for veterans who enlisted prior to September 8, 1980, to be considered a veteran for most VA benefits . The general requirement is the “full period” for which the servicemember was called or ordered to active duty or 24 months of continuous active duty. See 38 C.F.R. § 3.12a. 

Several exceptions exist to this rule under §3.12(d). Such exceptions to the minimum service requirements include persons separated from service because of a service-related disability. Other exceptions to the minimum service requirements include claims for VA life insurance benefits and hardship discharges as well. 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.” 

Reserves and National Guard service:

National Guard and reservists who are called to active duty and serve the full period for which they are called meet both the active service and length of duty requirements. National Guard and reservist also qualify as veterans for the purposes of VA benefits if they are disabled or die from a disease or injury incurred or aggravated during Inactive duty for training -IADT- (one weekend a month drills) or Active duty for training -ADT- (Basic training and AIT and two-week annual training). Both of which are also considered "active service." See 38 C.F.R. §3.6(c) and (d)

National Guard and reserve members may qualify as veterans for the purposes of VA benefits under other circumstances. For example, under certain conditions Guard and reserve members may be eligible for education benefits (through the Reserve Educational Program or the Post-9/11 GI Bill) and home loans from the VA (with six years of service in the Selected Reserves or National Guard). Eligibility under these special cases is usually determined by the VA after reviewing the individual servicemember’s military service records. 

Merchant Marines and certain other civilian groups considered as "Veterans":

Merchant mariners are civilians who engage in certain maritime activities, such as the transportation of military equipment by sea, in support of the armed forces. In general, merchant mariners are not considered veterans for the purposes of any VA benefits. However, pursuant to P.L. 95-202, the following groups of merchant mariners are considered veterans for purposes of eligibility for all programs administered by the VA:

• United States Merchant Seamen who served on blockships in support of Operation Mulberry in World War II; and
• American Merchant Marine personnel who served in oceangoing service during the period of armed conflict between December 7, 1941, and August 15, 1945.

​In addition, pursuant to Section 402 of the Veterans Programs Enhancement Act of 1998 (P.L. 105-368), merchant mariners may qualify for interment at a VA National Cemetery and VA burial benefits only if they were members of the United States Merchant Marine, Army Transport Service, or Naval Transport Service who served between August 16, 1945, and December 31, 1946.

Some other groups of civilians who participated in World War I and World War II are also eligible for VA benefits. The GI Bill Improvement Act of 1977 (P.L. 95-202) recognized the service of the Women’s Air Forces Service Pilots, a civilian group, as active service for benefits administered by the VA. That law also provided that the Secretary of Defense could determine that service for the Armed Forces by a group of civilians or contractors be considered active service for benefits administered by the VA. To date, only certain groups who participated in World War I and World War II have been accorded active duty status under this procedure, including Women’s Air Force Service Pilots (WASPs), Signal Corps Female Telephone Operators Unit (World War I), Engineer Field Clerks (World War I), Male Civilian Ferry Pilots (World War II), and other groups of employees with war-related occupations.