Who Qualifies as a Veteran under Federal Law?
Is there a definition of veteran?
Both federal law and Iowa law have definitions of "veteran." For more information on Iowa law's definition of veteran, which affects eligibility for State of Iowa veterans benefits, visit our page "Who Qualifies as a Veteran under Iowa law?"
Under federal law, veteran is defined as a “person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable.” For most programs and benefits, but not all programs and benefits, a person must have served on an active duty. If you think you qualify as a veteran or should qualify as a veteran but are unsure, make sure you talk with the VA, the Iowa Department of Veteran Affairs (IDVA), a veterans service office (VSO) or organization, or an attorney.
See Title 38 United States Code and Title 38 Code of Federal Regulations.
What is "active service"?
There are multiple forms of active service:
- Full-time duty in the Armed Forces
- Full-time duty as a commissioned officer of the Regular or Reserve Corps of the Public Health Service
- Full-time duty as a commissioned officer of the Environmental Science Services Administration, Coast and Geodetic Survey, and the National Oceanic and Atmospheric Administration
- Service as a cadet in the Military, Coast Guard, or Air Force Academy, or as a midshipman at the Naval Academy
- Enlisted service members who are reassigned to the Air Force, Military, or Naval Academy without a release from active duty
- Travel to or from duty or service
- The time required to travel directly home after the date of discharge or release from active duty
- Certain full-time National Guard duty
There is no minimum length of service for a service member who began serving before September 8, 1980. For a service member who began serving after that date, there is a minimum service requirement. They must have served a minimum of 24 months of active duty to be considered a veteran. If the service member becomes disabled because of their time in the service, there is no minimum length of service to qualify for VA benefits. If you are unsure about whether your service qualifies, it is important that you talk with the VA, the Iowa Department of Veteran Affairs (IDVA), a veterans service organization (VSO), or an attorney.
Is combat required for a person to qualify as a veteran?
There may be more or different benefits available to a veteran depending on their type of service. Veterans who served in combat or during a war on foreign soil may be entitled to benefits that service members who served outside of a war or did not experience combat. If you are unsure about whether your service qualifies, it is important that you talk with the VA, the Iowa Department of Veteran Affairs (IDVA), a veterans service organization (VSO), or an attorney.
What about National Guard and Reserve members?
National Guard and Reserve members will have veterans status and be eligible for VA benefits if they were deployed on federal active duty for at least 180 days, and received a discharge that was higher than dishonorable or bad conduct. They may also be eligible if they served at least 20 years and received a discharge that was higher than dishonorable or bad conduct. If you are unsure about whether your service qualifies, it is important that you talk with the VA, the Iowa Department of Veteran Affairs (IDVA), a veterans service organization (VSO), or an attorney.
For more information, see the VA's Summary of Benefits for National Guard and Reserve Members and Veterans.
How does Veterans Affairs decide if someone is a veteran? And what if a person disagrees with a discharge decision?
When Veterans Affairs (VA) evaluates a person’s veteran status, it reviews their service record. The VA considers things like length of active service, when the service occurred, the type of service, and the discharge. The individual must have active military, naval, or air service to be considered a veteran for most, but not all, government purposes. The VA is required to look at each service member’s case to decide if a discharge was under conditions other than dishonorable. Often, but not always, a bad conduct discharge is a disqualification for veteran status.
If a service member believes there is incorrect information or an injustice in their military record or they would like a review of a decision about their status, there are options. The service member may believe there is incorrect information in the military record or that a discharge resulted from an unjust military policy being applied or a physical or mental health condition. The service member may also have information that would explain or justify the service member's conduct that resulted in the discharge. Attorneys can represent service members who believe there is an error or injustice in their military records and who believe their discharge should be upgraded. There is a process and there may be a deadline for asking that a military record be corrected or reviewed.
The determination of whether a service member qualifies as a veteran who is entitled to benefits is not simple. It is important that you speak to the VA, the Iowa Department of Veteran Affairs (IDVA), a veterans service organization (VSO), or an attorney if you have questions about whether you qualify or believe that you should qualify and received a decision that you think is wrong or unjust.
- For more information about discharges and claims for benefits, see the VA's Claims for VA Benefits and Character of Discharge Fact Sheet.
- For more information about discharge upgrades and to get instructions for applying, use the VA's Upgrade Discharge Wizard.
Where can I get more information and help?
The U.S. Department of Veterans Affairs (VA) is an agency of the federal government that provides benefits, health care, and cemetery services to military veterans. The VA website has information for veterans and their families and also has links to resources. You can find contact information for the VA on this website here.
The Iowa Department of Veterans Affairs (IDVA) provides veterans services through the Benefits Bureau, Iowa Veterans Home, and Iowa Veterans Cemetery. The IDVA website has information for veterans and their families and also has links to resources. You can find contact information for a county veteran service office (VSO) here. You can find contact information for national veteran service organizations and nonprofits that serve veterans here. You can find contact information for the IDVA on this website here.
Iowa Legal Aid is a non-profit agency that provides legal assistance to low-income Iowans. Information and resources for veterans can be found on their website here, and they also host legal clinics for veterans around the state. If you have received a determination that you are not eligible for benefits and believe you should be, Iowa Legal Aid may be able to help you. They can be reached by phone at 800-532-1503 or, for Iowans 60 or older, 800-992-8161.
The American Bar Association offers free legal advice through ABA Free Legal Answers. If you qualify, you can ask legal questions about VA benefits, discharge upgrades, VA debts and overpayments, correcting or ordering military records, military retirement, and VA pension that will be answered by a licensed attorney at no cost to you. To see if you qualify, visit the ABA Free Legal Answers website. You will be asked to answer a few questions to determine if you qualify.
The Iowa State Bar Association may also be able to assist through Iowa Free Legal Answers. If you qualify, you can ask legal questions which will be answered by a licensed attorney at no cost to you. To see if you qualify, visit the Iowa Free Legal Answers website. You will be asked to answer a few questions to determine if you qualify.