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Veterans Disability Attorney Eric Gang was recently featured in Foreign Affairs Observer to discuss an important issue: when does National Guard service qualify as active duty for veterans’ benefits?
As National Guard units are increasingly deployed in response to crime and unrest, Eric explained that the difference between being activated by a governor versus the president can determine whether a guardsman qualifies for federal benefits like VA disability compensation, education support, and home loans.
Eric also highlighted his firm’s landmark case, Watkins v. McDonough (2022), which established that a service member’s active duty status begins at 12:01 a.m. on the date listed in their orders. This critical ruling ensures that guardsmen injured even before reporting for duty are entitled to VA benefits.
“These men and women don’t choose where they are sent or under whose authority they serve,” Eric said. “They deserve clarity about their status and the assurance that, if they are harmed in service, their country will take care of them.”
Read the full article in Foreign Affairs Observer.
Get Help, Clarity About VA Benefits for National Guard Members
Whether or not National Guard members qualify for VA health care, disability compensation, or other federal benefits depends entirely on the type of orders they served under. Understanding this distinction and how it impacts eligibility is essential for service members planning their careers, benefits, and retirement.
If you think you qualify for VA benefits and have been denied or believe your rating is too low contact Gang & Associates. Our veteran disability lawyers are standing by and ready to help.