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National Guard and Reservist Claims

Those who serve in the National Guard and Reserves who develop conditions related to their military service may apply for Disability compensation just like their Active Duty brothers and sisters in arms!

National Guard and Reservist Claims

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Those who serve in the National Guard and Reserves who develop conditions related to their military service may apply for Disability compensation just like their Active Duty brothers and sisters in arms!

However, there is a lot more red tape involved which can make getting Service-connection a lot more difficult.

In short, a Line of Duty (LOD) is something that will GREATLY assist in you getting service-connection. More information on LODs is available below.

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IMPORTANT NOTE:

  • If you served in the National Guard or Reserves AFTER you separated from Active Duty AND your claim is related to that period of Guard or Reserve service (Yes, even if you were on a Title 10 Deployment) it is IMPORTANT that you ensure the VA properly develops your claim! This is because DoD does NOT automatically release records to the VA in this scenario... and the VA has a knack of forgetting to request National Guard and Reserve records.

    • Submit a Personal statement with your claim requesting that the VA submit a NG1/RV1* request to NPRC to obtain your Service Treatment Records.

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*NG1 for National Guard | RV1 for Reservists

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Line of Duty (LOD)

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An LOD means that an injury or disease incurred or was aggravated during a period of active military, naval, or air service and was NOT the result of the veteran's own willful misconduct or, for claims filed after October 31, 1990, additionally not the result of their abuse of alcohol or drugs.

A service department finding that injury, disease or death occurred in line of duty IS BINDING on the VA, UNLESS, at the time the injury was suffered or disease contracted the Veteran was:

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  • Avoiding duty by desertion, or was absent without leave which materially interfered with the performance of military duty;

  • Confined under a sentence of court-martial involving an unremitted dishonorable discharge; or

  • Confined under sentence of a civil court for a felony as determined under the laws of the jurisdiction where the person was convicted by such court.

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IMPORTANT NOTES:

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  • LODs are NOT important for Title 10 service.

  • An LOD will NOT provide you with disability compensation if your character of discharge for the period of service was Other than Honorable! However, it may allow you to get Health care under Chapter 17.

  • LODs are NOT a silver bullet! It establishes that something happened during service! It does NOT provide presumptive status that your current condition is linked to the incident! Meaning, if a medical examiner says it is less likely than not that your current condition is related then you will very likely NOT get service-connection!

  • The Coast Guard will also call an LOD a Notice of Eligibility (NOE).

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Initiating a LOD

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LODs SHOULD be started by the Military Treatment Facility's (MTF) LOD clerk, after the Veteran is seen following an injury, disease, or aggravation of a condition. After being seen, an appropriate LOD should be created and if necessary, an investigation as to the Veteran's conduct surrounding the incident should also be done.

Depending on your Chain of Command (CoC), location, etc. You may find that none of this took place...

According to DoD, LODs MUST be completed within 180 days of you leaving the period of service in-which the LOD is needed. Except, in special circumstances such as the delayed onset of a condition such as PTSD.

If your CoC refuses to provide you a LOD then you are STRONGLY encouraged to submit Buddy and Personal statements with your claim attesting to what happened during the period of service.

Additionally, if you emailed your CoC about establishing an LOD around the time of the period of service, those emails CAN be submitted to the VA as evidence. (As well as any other records that may have mentioned the incident such as counseling statements.)

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LOD Paperwork

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Each branch (besides Navy/Marine Corps) has their own dedicated forms for documenting LODs.

If an investigation is required, a DD Form 261 will also be issued.

Alternatively, some units will just do their own thing and write an LOD on State Letterhead, saying in summary that X happened on X date and was in the line of duty - signed by the unit commander.

BranchForm

Air Force/Space Force LODAF Form 348

ArmyDA Form 2173

Coast GuardCG Form 3822

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Active Duty for Training (ADT)

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ADT would be periods of:

  • Initial Entry Training (basic/boot camp);

  • Advanced Individual Training (MOS School);

  • 15 days of annual training; and

  • Other military schools (to include military academy preparatory schools).

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For VA purposes, this counts as Active Duty, and if any disabilities occur or were aggravated during these periods they CAN be service-connected!

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IMPORTANT NOTES:

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  • Disabilities that occur during travel TO or FROM ADT CAN also be claimed! Just be sure to show orders to drill as well as evidence of the accident occurring in a reasonable time frame to/from drill.

  • If you did NOT receive a DD-214 for a period of ADT, submit your orders, retirement point work-sheet, or academy transcripts (showing that period of service).

  • Unless the VA grants service-connection due to a condition developing or being aggravated during a period of ADT, that period of service will NOT show up on any letters sent by the VA.

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Inactive Duty for Training (IADT)

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Your traditional drill weekends are considered IADT.

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To make a claim based upon a period of IADT, it is CRITICAL that you obtain a Line of Duty (LOD)! This will show the VA that your condition occurred/developed during IADT, and that it was not due to misconduct. Being seen for a condition during or after IADT is usually in and of itself not going to be enough.

Additionally, to help speed up the claims process - submit any orders sending you to training and/or your retirement point-sheet showing your IADT dates.

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IMPORTANT NOTE:

  • Disabilities that occur during travel TO or FROM IADT CAN also be claimed! Just be sure to show orders to drill as well as evidence of the accident occurring in a reasonable time frame to/from drill​

  • Disabilities also include: Heart attacks, Heart stops, and Stroke.

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National Guard (Title 32)

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When called to duty by your state's governor.

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Again, it is CRITICAL that you obtain a Line of Duty (LOD)! This will show to the VA that your condition occurred/developed during this period of service, that it was the result of your duties, and also that it was not due to misconduct. Being seen for a condition during or after a period of Title 32 is usually in and of itself not going to be enough.

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Additionally, to help speed up the claims process - submit any Title 32 orders and/or your retirement point-sheet showing your periods of service.

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Active Guard Reserve (AGR)

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There are two flavors of AGR:

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  • Reservist - their service IS considered Active Duty.

  • National Guard - their service is NOT considered Active Duty for by default.

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For National Guard:

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  • If the rater determines a disability or injury occurred during a period of AGR service it will be be converted to Active Duty for disability compensation purposes. That said, you DO get the consideration of any disability that occurs or manifests during this time as occurring within your line of duty!

    • If your claim is denied because the rater said the injury was not in the line of duty (and you had evidence showing it occurred during your AGR time) file an HLR and cite M21 III.i.1.A.2.f. Deciding Line of Duty Status for Claims Based on ADT or IADT.

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"Note: “In the line of duty” does not always mean while the reservist or National Guard member was at work. Individuals with AGR service, INCLUDING in the National Guard, are on continuous duty 24 hours a day, seven days a week just as are their active duty counterparts. They receive the same pay and are eligible for retirement with 20 years of service. If no intentional negligence or willful misconduct is noted, an injury or disease that occurs during AGR service is presumed to be in the line of duty."

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National Guard or Reserve Under Title 10

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Service under federal orders, generally for overseas deployments or presidential activation.

For VA purposes you are Active Duty, if any disabilities occur or were aggravated during these periods they CAN be service-connected!

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IMPORTANT NOTES:

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  • For the VA to consider the period of service as being under Title 10, your DD-214 or orders MUST state that the service is "under 10 U.S.C."!

  • If your DD-214 says the period of service was for training then the VA WILL consider it a period of ADT.

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Coast Guard Reservists Under Title 14

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Emergency activation during a, or to aid in prevention of an imminent, serious natural or man-made disaster, accident, catastrophe, act of terrorism, or transportation security incident.

For VA purposes you are Active Duty. If any disabilities occur or were aggravated during these periods they CAN be service-connected!

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Inactive Ready Reserve (IRR)

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Any disabilities that occur during a period of IRR CANNOT be claimed, UNLESS the condition is eligible for Presumptive service-connection.

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References

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