The Presumption of Sound Condition

“[E]very veteran shall be taken to have been in sound condition when examined, accepted, and enrolled for service, except as to defects, infirmities, or disorders noted at the time of the examination, acceptance, and enrollment.” 38 U.S.C. § 1111; see also 38 C.F.R. § 3.304(b). Therefore, when no pre-existing medical condition is noted upon entry into service, a veteran is … Read More

Statutory Bars to VA benefits

The type of discharge a veteran receives will determine whether the VA will consider a person a veteran. A person desiring veteran status must have been discharged or released under conditions other than dishonorable. The language that the VA uses to describe the character of a veterans service does not correspond precisely with the language used by the military. The … Read More

Requirement of Active Service

What is a Veteran? Title 38 of the Code of Federal Regulations defines a veteran as “a person who served in the active military, naval, or air service and who was discharged or released under conditions other than dishonorable.” This definition explains that any individual that completed a service for any branch of armed forces classifies as a veteran as … Read More

What is a Veteran?

To receive VA disability benefits you must be considered a veteran under the law. If you served in the active military service and were separated under any condition other than dishonorable, you may qualify for VA health care benefits. Current and former members of the Reserves or National Guard who were called to active duty by a federal order and … Read More

Military Sexual Trauma Cases

Military sexual trauma (MST) is the term that the Department of Veterans Affairs uses to refer to sexual assault or repeated, threatening sexual harassment that occurred while the Veteran was in the military. It includes any sexual activity in which one is involved against one’s will – he or she may have been pressured into sexual activities (for example, with … Read More