First, the good news. The attorneys at The Veteran’s Advocate have served in multiple roles in the reserve component—in the Title 10 “Reserves,” in the National Guard, and even as a dual-status technician.
We KNOW Reserve Component culture, law, technicalities, statuses, orders, and most importantly, the way to get the VA to recognize the evidence supporting service-connection for injuries incurred in the line of duty—even if your military unit failed to process or complete a line of duty determination. Very few VA disability attorneys have this unique skill set and the biggest reason for that is that most VA disability attorneys don’t have a working knowledge and understanding of the uniqueness of Reserve Component military service.
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Now, the bad news. An October 2023 Government Accountability Office (GAO) study found that although “Reserve component members may struggle with many of the same health conditions, such as physical injuries or mental health conditions, as those who serve in the active components,” the “Department of Veterans Affairs (VA) approved 11 to 20 percent fewer initial disability compensation claims from members of the reserve components.”
Read the summary of the study provided by the National Guard Association
The discouraging results of this study did not surprise us at all. In fact, we believed the disproportionate rate would have been closer to 20-30%. At least half of The Veteran’s Advocate’s VA disability appeal clients have served in a reserve component and nearly all of those clients had their claims initially denied by the VA. The denials are typically based on what the VA characterizes as a lack of evidence in the service treatment records documenting the injury during a qualifying period of service.
The Veteran’s Advocate knows how to overcome these obstacles and we’ve done it time and again for our clients. Perhaps no other firm or attorneys are so uniquely qualified to handle VA disability appeals for reserve component members.
Although this website isn't intended to address all the intricacies of advocating for reserve component members, here are some highlights:
According to 38 CFR §3.6(e)(2), the VA must make a determination as to whether an individual was authorized or required to perform military duty and whether the individual was disabled or died from an injury or covered disease during that period of military duty. The determination shall take into consideration the hour on which the individual began to proceed or return; the hour on which the individual was scheduled to arrive and cease to perform their duty; the method of travel; the itinerary; the manner in which the travel was performed; and the immediate cause of disability or death. The claimant bears the burden of proof whenever a claim is filed for injury, disability or death resulting during travel.
38 CFR §3.203(a) allows a variety of documents to meet this requirement. The VA may accept evidence of service that we submit, without verification from the appropriate service department if the evidence is a document issued by the service. A copy of an original is acceptable if the copy was: issued by the service department; issued by a public custodian of records who certified that it is a true and exact copy of the document in the custodian’s custody; submitted by an accredited agent/attorney/VSO who has successfully completed VA prescribed training on military records and who certifies that it is a true and exact copy of either an original document or a copy issued by the service department or a public custodian or records; or if the VA is satisfied that an otherwise uncertified copy is free from alteration.
We have successfully tied injuries and conditions to periods of military service using DD214, NGB 22, individual sets of orders (whether Title 10 or Title 32), leave and earnings statements, statements of retirement points (PCARS; RPAS), private treatment records from the time period, service treatment records, and personal and buddy statements.
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