Members of the National Guard can benefit from the support of a veterans disability appeals attorney when attempting to collect VA disability benefits for a service-related injury.
Summary
- National Guard members face challenges in accessing VA disability benefits for service-related injuries, especially when they try to file an appeal without the help of a National Guard VA benefits lawyer.
- To secure VA benefits, National Guard veterans need to prove that their disability is related to their federal active duty service.
- Both physical and mental conditions resulting from National Guard service may qualify for VA disability benefits.
- VetLaw provides experienced legal support to National Guard veterans throughout the appeals process, helping them secure the VA benefits they deserve.
As a member of the U.S. National Guard, you may have developed a service-connected disability while responding to a domestic crisis or offering support on an overseas mission.
While filing a VA disability claim to receive benefits, it is not uncommon for the VA to be more skeptical of National Guard veterans who say their disability resulted from their service.
Instead of giving up or trying to file an appeal on your own, contact an experienced and persistent team to advocate for you.
At VetLaw, we will build a strong veterans disability claim that convinces the VA to provide you with the benefits you have earned. To schedule a free consultation, call our National Guard VA benefits lawyers at (855) 500-4672 or fill out a contact form.
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Why You Need VetLaw’s Relentless Team On Your Side
Over the last decade serving disabled veterans, our team has seen the value of providing unwavering legal support play out. For us, it’s not about closing a case and collecting a fee. We want to maximize your VA benefits, which means being thorough, honest, and determined.
At VetLaw, our tenacious VA disability appeals attorneys have proven the efficacy of our tactics time and again. We have seen National Guard veterans struggle to overcome fixable issues with their VA disability claims because they did not hire an attorney to help them.
However, that does not need to be your story. From the start, VetLaw will prepare your VA appeal to succeed. Our team will operate with your best interests in mind to help you secure VA disability benefits.
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When a veteran seeks out our services, they are often encouraged by our results. The reason they are willing to trust us is because of the words of former clients. Our client reviews are a great source of pride for our team here at VetLaw.
They serve as a reminder that our efforts are not only appreciated, but essential. Here are a few examples:
“VetLaw gave me assurance that I was not alone in this process [and] that they are well qualified to help. VetLaw fights for Veterans.”
“I would like to thank Mr. Garcia for his assistance in resolving my VA Appeals. I have worked with Mr. Garcia for several years on multiple appeals and he has been a pleasure to work with throughout the process. He is a true professional and has a wide area of expertise. Mr. Garcia does not quit working for you until he gets your appeal resolved in a manner which accurately reflects your entitlements.”
What National Guard Veterans Need to Prove to Secure VA Disability Benefits
National Guard members operate under the authority of their individual state, but they can also be activated by the federal government. This puts National Guard veterans in a unique position with the VA during the disability claims process.
For National Guard members, the VA only offers disability benefits for service-related conditions linked to federal active duty service.
There are two types of federal active duty service that allow National Guard vets to qualify with the VA for disability benefits:
- Title 10 full-time active duty service, where the federal government calls on the National Guard to respond, usually to a security threat. This can include overseas deployments.
- Title 32 full-time active duty service, where the federal government assigns National Guard members to domestic tasks, often involving natural disasters.
Like Army, Coast Guard, Navy, Marine, and Air Force veterans seeking benefits, a National Guard veteran must include medical evidence demonstrating a connection between their military service and the disability they are claiming. Both mental and physical conditions are eligible for VA disability benefits.
National Guard Vets on Active Duty May Suffer Physical and Psychological Injuries
National Guard members can incur different risks for physical injuries based on where they serve and what their responsibilities are. For example, veterans who served in the Air National Guard may be more likely to develop hearing loss while maintaining and operating aircraft with loud engines.
On the other hand, Army National Guard vets can be more prone to joint and muscle strain injuries. In addition to physical conditions, National Guard veterans can develop mental conditions related to their service.
National Guard members who are deployed under Title 10 may have traumatic combat experiences, or witness distressing events while they are assigned to humanitarian missions. This can lead to mental health issues like PTSD and anxiety.
Service-Related Medical Conditions Can Qualify National Guard Vets for Several Types of Benefits
VA disability benefits can help National Guard vets access the medical care they need. For example, vets with mental health conditions can use their disability benefits to afford therapy and medication to treat their anxiety disorder, depression, PTSD, or other illness.
National Guard veterans with physical conditions may depend on VA disability benefits to afford medical devices like hearing aids, wheelchairs, or prosthetic limbs.
Additionally, benefits can cover the cost of medication for chronic conditions like heart disease, allow vets to attend physical therapy for repetitive strain injuries, or seek treatment for other commonly claimed disabilities.
Qualified National Guard veterans may also submit claims for VA benefits to help with:
- Job retraining and counseling services
- Adapting or purchasing a home
- Pursuing a degree, certification, or training
Why National Guard Veterans Turn to VetLaw to Guide Their VA Disability Benefits Claims
According to the Government Accountability Office, over the last decade the VA has denied as much as 20% more of the disability claims from National Guard vets as compared to vets who were on full-time active duty.
When you are going up against odds like that, you need an exceptional legal team like VetLaw to advise you during the appeals process. We will use our substantial resources and skills to find compelling evidence of your service-related disability and establish that it resulted from your federal active duty service.
VetLaw is a respected name in veterans disability law because we are effective and treat our clients with respect. Get in touch with us to see how we can help you with your VA disability appeal.
Call the VA-Accredited National Guard VA Benefits Lawyers of VetLaw About Your Appeal
At VetLaw, we specialize in reversing VA denials of disability claims. Our diligent National Guard VA benefits attorneys will work closely with you to ensure your claim is solid. However long it takes, we will be by your side during the appeals process until your case is resolved.
You can count on VetLaw to offer informed and individualized legal advice. We encourage you to schedule a free consultation as soon as possible to launch your appeal. You can reach out to our team of National Guard VA benefits lawyers at (855) 500-4672 or fill out a contact form.
Frequently Asked Questions
No, State Active Duty is not recognized as active duty service that qualifies you for VA disability benefits. You must be serving on behalf of the federal government for your active duty service to warrant VA disability benefits.
National Guard veterans may be able to claim benefits for pre-existing conditions if they are otherwise eligible for disability benefits due to Title 32 service.
For pre-existing condition claims, the VA mandates that you offer evidence that your military service made your medical problem worse than it already was and worse than it would have been if you hadn’t served.
With virtually no exceptions, a Dishonorable discharge means you are not entitled to VA disability benefits. However, National Guard veterans with a Dishonorable discharge have recourse to appeal their character of discharge to become eligible for benefits. Our team can review your case and discuss the possibility of an appeal with you.
