Veterans’ disability benefits can seem somewhat straightforward when you belong in the Army, Navy, Marine Corps, or Air Force. But whether or not you qualify for veterans’ disability benefits can be more confusing and complex if you are not engaged in full-time military, such as if you are a member of the Army Reserve. Our Texas veterans’ disability attorney hear questions like these often at our law office:
- Can I get disability benefits if I was injured while in the Reserves?
- Can I get disability benefits if I was injured during military training or drills?
- Am I a veteran if I was never on full-time active duty?
- How do I know if I am a veteran?
- How do I know if I qualify for veterans’ disability benefits?
- Can I get VA disability benefits if I was injured while in the Reserves, but not on active duty?
When it comes to veterans’ disability benefits for Army Reserve members, everything comes down to three major questions:
- Where you on active duty when you developed your disability or when your disability was made worse?
- Is your disability or medical condition connected with your service, and can you prove that connection?
- Did you receive anything other than a dishonorable discharge from the Army?
Unlike some other branches of the military, you are not always on active duty while in the Army reserves. Generally, to be eligible for benefits, your disability must have developed or gotten worse while on active duty, during annual training, during active-duty support, during an active duty tour, or during inactive duty training.
Can you still be in the Army Reserve while receiving VA disability benefits?
A number of service members wish to continue their military careers after their return home from tours overseas and full-time active duty. However, many also suffer from service-related disabilities and have been assigned disability ratings. While you may still serve in the Reserves while receiving disability benefits, you may not be paid disability and paid for military service on the same day. Therefore, each year the VA will subtract the number of days you participated in Reserve drills and training from the number of days you should receive disability benefits.
Texas veterans’ disability benefits attorney
If you believe that you deserve veterans’ disability benefits for a service-related injury sustained during active duty in the Army Reserve, you may wish to speak with a Dallas disability lawyer about the details of your case. At Morgan & Weisbrod, we can help you secure the disability payment that you deserve.
by Paul B. Burkhalter Managing Partner of Morgan & Weisbrod, Board Certified in Social Security Disability Law.