U.S. Department of Veterans Affairs: Who Is a Veteran?

U.S. Department of Veterans Affairs: Who Is a

Veteran?

Updated September 29, 2025

Congressional Research Service

https://crsreports.congress.gov

R47299

SUMMARY

U.S. Department of Veterans Affairs: Who Is a

Veteran?

The U.S. Department of Veterans Affairs (VA) provides a broad range of benefits to uniformed

services veterans and certain family members. Among these benefits are monthly, tax-free

payments to disabled veterans; health care; education benefits; housing assistance; and burial

benefits. To receive any of these benefits, a former servicemember must meet certain basic

criteria, including the statutory definition of veteran.

R47299

September 29, 2025

Madeline E. Moreno

Analyst in Veterans Policy

For a former servicemember to establish veteran status, generally the individual must have served in active military service

for a minimum period of time and be discharged “under conditions other than dishonorable.” Reservists and National Guard

members may or may not always qualify for veteran status.

This report examines the eligibility criteria for veteran status as the foundation for benefits administered by VA. This

includes an explanation of the two statutory provisions that create the definition of veteran, the service requirements for

benefits eligibility, and an explanation of when individuals who serve in the reserve components—including the National

Guard—are considered veterans eligible for VA benefits. The report ends with an appendix that differentiates between

wartime and peacetime military service.

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U.S. Department of Veterans Affairs: Who Is a Veteran?

Contents

Introduction ..................................................................................................................................... 1

Definition of Veteran ....................................................................................................................... 1

Active Military Service Requirement ....................................................................................... 2

Military Discharge Requirement ............................................................................................... 3

Service Requirements for Benefits Eligibility ................................................................................. 4

Proof of Service......................................................................................................................... 4

Length of Service ...................................................................................................................... 5

VA Character of Service Determination .................................................................................... 6

Reserve Components’ Veteran Status .............................................................................................. 7

Title 10 Service ......................................................................................................................... 7

National Guard Duty (Title 32 Service) .................................................................................... 8

Figures

Figure 1. Length of Active-Duty Service Requirement ................................................................... 6

Tables

Table 1. Character of Service Upon Discharge from the Military ................................................... 3

Table A-1. Congressionally Designated Wartime Periods ............................................................... 9

Appendixes

Appendix. Wartime vs. Peacetime Military Service ........................................................................ 9

Contacts

Author Information........................................................................................................................ 10

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U.S. Department of Veterans Affairs: Who Is a Veteran?

Introduction

To be eligible for most benefits from the Department of Veterans Affairs (VA), the claimant must

be a veteran or, in some circumstances, a survivor or dependent of a veteran. By statute, 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.”1 For a former

servicemember to establish veteran status, generally the individual must have completed active

military service for a minimum period of time, which is usually the lesser of the full period the

individual was ordered to active duty or 24 months, and be discharged “under conditions other

than dishonorable.”2

Former servicemembers may also need to meet other requirements (see “Service Requirements

for Benefits Eligibility”) such as proof of service, length of service, and specific character of

military service discharge requirements. This report explains these requirements, along with the

two components of the statutory definition of veteran. It then breaks down the requirements for

reservists and National Guard members to be eligible for VA benefits as veterans based on service

during federal active duty or in certain instances of active duty for training or inactive duty

training. Finally, the report ends with an appendix that explains the difference between wartime

and peacetime military service, as for some VA benefits this distinction in service is important.

Definition of Veteran

The statutory definition of veteran contains two key provisions that a servicemember must meet

to be considered a veteran by law. First, the servicemember must have served and completed

“active military, naval, air, or space service.” Active military, naval, air, or space service3 includes

•

•

•

Active duty;

Any period of active duty for training during which the individual was disabled

or died from a disease or injury incurred or aggravated in line of duty; and

Any period of inactive duty training during which the individual was disabled or died

• from an injury incurred or aggravated in line of duty; or

• from an acute myocardial infarction, a cardiac arrest, or a cerebrovascular

accident occurring during such training.4

Additional explanations of these types of active military service are found in the “Active Military

Service Requirement” section of this report.

Second, a servicemember must be discharged from service under “other than dishonorable

conditions.” That definition includes discharge statuses that have been upgraded from

dishonorable to something other than dishonorable or reviewed by VA through its character of

1 38 U.S.C. §101(2). Space service refers to individuals who serve in the U.S. Space Force.

2 In limited circumstances, the Secretary of Defense is authorized to grant “veteran” status to members of certain

civilian groups or contractors by the GI Bill Improvement Act of 1977 (P.L. 95-202). In 1979, the Department of

Defense (DOD) issued a final rule to implement P.L. 95-202. See Office of the Secretary of Defense, “PART 47—

Determinations of Active Military Service and Discharge,” 44 Federal Register 11220, February 28, 1979. See also

CRS In Focus IF12242, Veteran Status Based on Service with Certain Civilian Groups.

3 Hereinafter referred to as “active military service.”

4 38 U.S.C. §101(24).

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discharge process. More details on this criterion are found in the “Military Discharge

Requirement” section of this report.

Active Military Service Requirement

To establish veteran status, a servicemember must satisfy the statutory requirement of “active

military, naval, air, or space service.” This requirement may encompass one or a combination of

three types of service: “Active Duty for Training” (in certain circumstances), “Inactive Duty

Training” (in certain circumstances), and active duty. VA reviews the former servicemember’s

service records to determine whether the service meets one of these categories. If a former

servicemember has more than one period of service, the determination of status may differ for

each period.

Active Duty for Training5

A period of active duty for training constitutes active military service only if, during that period,

the servicemember was disabled or died from an injury or disease incurred or aggravated in the

line of duty. Active duty for training includes

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•

•

•

•

full-time duty for training performed by reservists6;

full-time duty for training purposes as a commissioned officer in the Reserve

Corps of the Public Health Service7;

full-time training duty by members of the Air or Army National Guard8;

duty by members of the Senior Reserve Officers’ Training Corps (ROTC)

program on field training or practice cruise9; and

authorized travel to and from duty for training.10

This training includes the servicemember receiving initial training or advanced individual training

as well as acquiring or maintaining his or her military skills throughout service.

Inactive Duty Training11

A period of inactive duty training constitutes active military service only when the

servicemember was disabled or died from an injury—but not a disease—incurred or aggravated

in the line of duty or from certain health conditions incurred during the training. Inactive duty

training includes

•

•

duty, other than full-time duty, for reservists12;

other duties authorized for reservists performed on a voluntary basis13;

5 38 U.S.C. §101(22).

6 38 U.S.C. §101(22)(A); 38 C.F.R. §3.6(c)(1).

7 38 U.S.C. §101(22)(B); 38 C.F.R. §3.6(c)(2).

8 38 U.S.C. §101(22)(C); 38 C.F.R. §3.6(c)(3).

9 38 U.S.C. §101 (22)(D); 38 C.F.R. §3.6(c)(4).

10 38 U.S.C. §101(22)(E); 38 C.F.R. §3.6(c)(6).

11 38 U.S.C. §101(23).

12 38 U.S.C. §101(23)(A); 38 C.F.R. §3.6(d)(1).

13 38 U.S.C. §101(23)(B); 38 C.F.R. §3.6(d)(2).

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•

•

training (other than active duty for training) by a member of, or applicant for

membership in, Senior ROTC14; and

duty, other than full-time, for members of the Air or Army National Guard.15

This training may also include special additional duties performed during training or maintenance

activities for the units to which the servicemember is assigned. For National Guard members this

training may also include unit training assemblies.

Active Duty16

Generally, active duty for the purpose of determining active military service means full-time duty,

other than active duty for training, as a member of the Army, Navy, Air Force, Marine Corps,

Coast Guard, and Space Force, including active duty in the reserve components. It also includes

full-time duty (other than for training purposes) as a commissioned officer of the Public Health

Service and as a commissioned officer of the National Oceanic and Atmospheric Administration

or its predecessors. Additionally, service as a cadet at the U.S. Military, Air Force, or Coast Guard

Academies or as a midshipman at the U.S. Naval Academy qualifies as active duty. Finally,

authorized travel to or from duty or service of any of the individuals described in this section is

considered active duty.

Military Discharge Requirement

In addition to meeting the active military service requirements, a former servicemember must also

be separated from military service “under conditions other than dishonorable.”17 A veteran’s

service branch determines the character of the veteran’s service at discharge, which is reported on

the Certificate of Release or Discharge, more commonly referred to as a DD Form 214, provided

by the Department of Defense (DOD). Generally, DOD defines five service characterizations as

seen in Table 1:

Table 1. Character of Service Upon Discharge from the Military

Type of Discharge

Description

Honorable

Servicemembers who receive a rating from good to excellent for their service and

meet or exceed their required standards of duty performance and personal conduct.

General (Under

Honorable Conditions)

Servicemembers whose performance is satisfactory but may have several incidents

contrary to the performance and expected conduct of military servicemembers.

Other Than Honorable

Servicemembers whose conduct and actions are a serious departure from the proper

conduct of military members. Typically, these discharges are given to servicemembers

convicted in civilian courts.

Bad Conduct

Servicemembers who receive punishment from court-martial. This is a disciplinary

discharge roughly equivalent to a civilian misdemeanor.

14 38 U.S.C. §101(23)(C); 38 C.F.R. §3.6(d)(3).

15 38 U.S.C. §101(23); 38 C.F.R. §3.6(d)(4).

16 38 U.S.C. §101(21).

17 38 U.S.C. §101(2); 38 C.F.R. §3.12(a). For more details on DOD’s policy on discharge statuses, see “Separation,

Discharge, and Discharge Review” in CRS Report R46107, FY2020 National Defense Authorization Act: Selected

Military Personnel Issues.

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Type of Discharge

Dishonorable

Description

Servicemembers who receive disciplinary discharge for actions and behaviors seen as

severe and reprehensible to the proper conduct of the military. Offenses that can

result in a sentence of dishonorable discharge are equivalent to civilian felonies.

Source: Table created by CRS using information from: DOD, Instruction 1332.14, Enlisted Administrative

Separations, April 12, 2019; DOD, Instruction 1332.30, Commissioned Officer Administrative Separations, September

9, 2021.

Notes: This table defines only the types of discharge most relevant to VA benefits claims.

Servicemembers who receive honorable or general (under honorable conditions) discharges are

generally eligible for VA benefits. For servicemembers who receive other kinds of discharge, VA

reviews their service records to determine if they would be eligible for VA benefits through the

“VA Character of Service Determination” process, which is covered later in this report.

Service Requirements for Benefits Eligibility

Other requirements may be needed in order to be eligible to claim specific VA benefits. First, the

veteran or eligible family member18 must demonstrate eligibility for veterans’ benefits in general.

For non-veteran claimants, the eligibility requirement also includes whether the claimant is an

eligible dependent of the veteran. Second, the veteran must establish entitlement to the particular

benefit being sought. For example, to be entitled to receive disability compensation, a veteran

must provide sufficient evidence of certain elements (e.g., current diagnosis, medical evidence of

an in-service occurrence, and link between the in-service occurrence and the current disability).

Proof of service, length of service, and character of service are all important requirements for VA

benefits eligibility.

Proof of Service

VA requires a “genuine and accurate” copy of the veteran’s military service records to determine

eligibility for VA benefits regardless of whether the claimant is the veteran or the

spouse/dependent. The copy of the original record must be

•

•

•

•

issued by the former servicemember’s military service branch;

issued by a public custodian of records (the individual responsible for

maintaining an agency’s or organization’s records) who certifies that it is a true

and exact copy of the document;

submitted by an accredited agent, attorney, or service representative with VA

training on military records who certifies that it is a copy of the original

document or copy issued by a service department or public custodian of records;

or

uncertified but determined by VA to be satisfactory and free from alteration.19

Military service records document the length, dates, and character of the military service.20 If not

provided, or if the submitted material does not meet VA requirements, VA “shall request

18 Hereinafter, the word claimant will be used to identify the individual applying for benefits. This could be the veteran,

an eligible spouse or child, or, in some situations, a parent.

19 38 C.F.R. §§3.203(a)(1).

20 38 C.F.R. §3.203(a)(2)-(3).

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verification of service from the service department.”21 VA uses these records to verify several

elements of the military service record, including active military service, length of service, and

military discharge status.

Length of Service

Veterans who entered service prior to September 8, 1980, were not subject to a minimum length

of service requirement for VA benefits eligibility except for certain programs, such as the

Vietnam-era educational benefits. Prior to September 8, 1980, servicemembers needed one day of

active military service to qualify for VA benefits. Individuals who initially enlisted (not including

officers) in the service on or after September 8, 1980, and who do not have service-connected

disabilities are generally required to have a continuous 24-month length of service to be eligible

for VA benefits. The same requirement applies to officers and enlisted servicemembers who (1)

entered active military service after October 16, 1981, and (2) had not already completed a

previous 24-month period of active military service.22

Figure 1 demonstrates how VA determines whether a former servicemember meets the minimum

active-duty requirements for benefit eligibility. If the former servicemember completed less than

24 months of continuous active military service but nonetheless completed the full period for

which he or she was called or ordered to active duty, that service would count and the

requirement would be met. If the former servicemember was separated under a hardship

discharge or early discharge, medically discharged due to a service-connected disability, or

medically retired from service, the 24-month requirement does not apply.23 For a National Guard

or reserve member who did not complete a continuous 24-month period of active military service

but served the full period for which he or she was called up to active duty, this service counts as

active military service, and the 24-month requirement does not apply.

21 38 C.F.R. §3.203(c).

22 38 U.S.C. §5303A.

23 10 U.S.C. §1173; 10 U.S.C. §1171; 38 U.S.C. §5303A.

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Figure 1. Length of Active-Duty Service Requirement

Applies to Veterans with Service That Began on or After September 8, 1980

Source: CRS, reproduced from Section 2.3.2 of the National Veterans Legal Services Program’s Veterans Benefits

Manual 2022-2023.

VA Character of Service Determination24

VA uses the servicemember’s character of service upon discharge described in Table 1 as a basis

to review eligibility for VA benefits. Generally, a veteran must receive either an honorable or

general discharge to be eligible for VA benefits and programs. Veterans who receive other types

of discharges may not be eligible for VA benefits or programs. In those cases, the individual’s

application would undergo a VA character of discharge determination.

When making a character of service determination, VA assesses the veteran’s entire period of

military service. In some cases, the veteran may have multiple periods of service with different

service characterizations. In such cases, only those periods resulting in less than honorable

discharges go through the review process. VA’s review process cannot result in a discharge

24 VA also refers to this as a characterization of discharge determination. The concept and processes are the same in

determining VA benefits. In some situations, a servicemember has served more than one period of enlistment. In that

case, different discharge categories may be specified for each period. See VA, Veterans Benefits Administration,

“Claims for VA Benefits and Character of Discharge,” https://www.benefits.va.gov/BENEFITS/docs/

COD_Factsheet.pdf.

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upgrade, as that can take place only through DOD military review boards.25 Instead, VA’s

assessment could lead to VA determining that the veteran’s record falls into one of three

categories, rendering the veteran eligible for partial or full benefits:

1. Honorable for VA benefits: The evidence provided by a former servicemember

supports a determination that the veteran’s service was honorable for VA

purposes. Such a determination establishes basic eligibility for all benefits

administered by the VA so long as all other requirements are met.

2. Health care eligible: VA uses the guidance given in Title 38, Section 1710, of

the U.S. Code, “Hospital, Nursing Home, Domiciliary, and Medical Care,” to

determine if a former servicemember’s discharge is considered other than

honorable. An other than honorable determination can result in the denial of

access to benefits; however, a former servicemember with such a discharge might

still be permitted to qualify for health care for service-connected disabilities.26

3. Dishonorable for VA benefits: A determination that the circumstances

surrounding a former servicemember’s discharge bar that individual from

receiving any benefits or services provided by VA.

Reserve Components’ Veteran Status

Some members of the reserve components—including the National Guard27—do not meet the

active military service and length of service requirements due to the nature of service performed

with either the reserves or National Guard. However, a member of the reserve components who is

activated for federal military service and either serves the entire activation period or meets the

length of service requirement is generally considered a veteran for purposes of VA benefits. In

addition, a member of a reserve component who has not served on active duty can establish

veteran status in limited situations during active duty for training or inactive duty training.

Members of National Guard and reserve components may meet the “active military service”

requirements through different kinds of service. In 2016, Congress passed the Jeff Miller and

Richard Blumenthal Veterans Health Care and Benefits Improvement Act (P.L. 114-315), which

granted “honorary” veteran status to those National Guard and reserve members with 20 or more

years of service but no active duty. The law does not grant access to any VA benefits as stated in

Section 305 of the law.

Title 10 Service

Members of the reserve components serve on active duty when activated by the President of the

United States under various provisions of Title 10 of the U.S. Code. When serving on active duty,

reserve component members are paid by the federal government. With the exception of active

duty for training, a reserve component member would satisfy the active military service criterion

for veteran status by having performed “active military, naval, air, or space service.”

A period of active duty for training or inactive duty training under Title 10 typically does not

satisfy the active military service requirement for establishing veteran status. However, a period

25 For more information on military discharge review boards, see “Separation, Discharge, and Discharge Review”

section of CRS Report R46107, FY2020 National Defense Authorization Act: Selected Military Personnel Issues.

26 38 U.S.C. §1710; P.L. 95-126 §2, S. 1307, 95th Congress.

27 Hereinafter, reserve components will be used to describe the National Guard and reserves unless otherwise

distinguished. See 10 U.S.C. §10101, which defines reserve components as including the National Guard, and 38

U.S.C. §101(27), which defines reserve component to include the National Guard.

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of active or inactive duty training may qualify as active military service if the servicemember

meets one of the following disability requirements:

•

•

Completion of a period of active duty for training, including authorized travel to

or from such duty, if the servicemember becomes disabled or dies from an injury

or disease incurred or aggravated during that period of duty.

Completion of a period of inactive duty training if the servicemember member

becomes disabled or dies from an injury (but not disease) incurred or aggravated

during that period of duty or from a heart attack or stroke during that period of

duty.

National Guard Duty (Title 32 Service)

Members of the National Guard can be activated under Title 32 of the U.S. Code for activities

including, but not limited to, the COVID-19 pandemic or other public health response support,

disaster relief, and homeland defense. Unlike active duty, wherein the servicemember is under the

control of the President, those called up under Title 32 remain under control of their states’

governors. Payment for this service is from the federal government.

National Guard duty under Title 32 typically does not qualify members for veteran status.

However, they could qualify as veterans while serving in Title 32 status and conducting active

duty for training or inactive duty training if they meet one of the following disability

requirements:

•

•

Completion of a period of active duty for training, including authorized travel to

or from such duty, if the National Guard member becomes disabled or dies from

an injury or disease incurred or aggravated during that period of duty.

Completion of a period of inactive duty training, such as weekend drills, if the

National Guard member becomes disabled or dies from an injury (but not

disease) incurred or aggravated during that period of duty or from a heart attack

or stroke during that period of duty.

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Appendix. Wartime vs. Peacetime Military Service

All military service is classified as either wartime or peacetime. The type of service may affect a

veteran’s eligibility for certain VA benefits. For example, only veterans with wartime service

qualify for VA’s Veterans Pension, which pays benefits to low-income veterans who are elderly or

have non-service-connected disabilities.28

Periods considered wartime for the purposes of veterans’ benefits, listed in Table A-1, are defined

in law and designated by Congress or presidential declaration. A former servicemember who

served during the periods listed in Table A-1 is not required to have served in a combat zone for

the service to be considered wartime.

Table A-1. Congressionally Designated Wartime Periods

Name

Beginning Date

Ending Date

Indian Warsa

January 1, 1817

December 31, 1898

Spanish-American Warb

April 21, 1898

July 4, 1902

Mexican Border Periodc

May 19, 1916

April 5, 1917

World War I

April 6, 1917d

April 6, 1917e

November 11, 1918d

April 1, 1920e

World War II

December 7, 1941

December 31, 1946g

Korean Conflictf

June 27, 1950

January 31, 1955

Vietnam Era

November 1, 1955h

August 5, 1964i

May 7, 1975h

May 7, 1975i

Persian Gulf Warj

August 2, 1990

Ongoing

Source: Table created by CRS.

Notes:

a. 38 C.F.R. §3.2(a). Service must have been rendered with the U.S. military forces against Indian tribes or

nations.

b. 38 U.S.C. §101(6).

c. 38 U.S.C. §101(30).

d. 38 U.S.C. §101(7)(A) and 38 C.F.R. §3.2(c). If a veteran was in service between November 11, 1918, and July

2, 1921, and also served on active duty between April 5, 1917, and November 12, 1918, the veteran’s

service is considered part of the World War I period.

e. 38 U.S.C. §101(7)(B). This time period is for veterans who served with the U.S. military forces in Russia.

f.

38 U.S.C. §101(9).

g. 38 U.S.C. §101(8) and 38 C.F.R. §3.2(d). If the veteran was in service on December 31, 1946, with

continuous service before July 26, 1947, this service is considered part of the World War II period.

h. 38 U.S.C. §101(29)(A). This time period is for veterans who served in the Republic of Vietnam.

i.

38 U.S.C. §101(29)(B). This time period is for veterans who served outside the Republic of Vietnam.

j.

38 U.S.C. §§101(33), 1501(4). The Persian Gulf War period is inclusive of the post-9/11 Iraq and Afghanistan

conflicts. The ending date has not yet been established and will end only on the date prescribed by

presidential proclamation or law.

28 38 U.S.C. §1521(j). For more information on VA’s Veterans Pension program, see CRS Report R46511, Veterans

Benefits Administration (VBA): Pension Programs.

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Times not designated as periods of war by Congress or the President, such as the period between

the end of the Vietnam era and beginning of the Persian Gulf War, are considered to be peacetime.

U.S. military operations did occur during this span of peacetime, but they are not considered

periods of war. For more information on periods of war, see CRS Report RS21405, U.S. Periods

of War and Dates of Recent Conflicts.

Author Information

Madeline E. Moreno

Analyst in Veterans Policy

Acknowledgments

Lawrence Kapp, Legislative Analyst; Alan Ott, former Analyst in Defense and Intelligence Personnel

Policy; Tamar Breslauer, Senior Research Librarian; and Jonathan Gaffney, Section Research Manager;

provided assistance for this report. A previous version of this report was coordinated by Scott Szymendera,

Specialist in Disability Policy. All questions should be directed to the current author.

Disclaimer

This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan

shared staff to congressional committees and Members of Congress. It operates solely at the behest of and

under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other

than public understanding of information that has been provided by CRS to Members of Congress in

connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not

subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in

its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or

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copy or otherwise use copyrighted material.

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