Question:

I filed a claim with the VA for PTSD due to sexual harassment from a high level supervisor. The VA validated the PTSD but denied benefits due to my duty status during the time frame of the harassment. I was a dual status guardsman; civil service during the week but required to wear the uniform and abide by all rules, regulations, etc. and a drill status guardsman one weekend a month and two weeks of annual field training. The civil service position was contingent upon maintaining the military status. VA validated the PTSD due to sexual harassment, but claims it needs to be handled at the state level, not federal. Any suggestions?

Jim's Reply:

You can speak with a veterans law attorney but I'd have to guess that since you weren't federally activated, you aren't eligible for federal benefits. The only way you're eligible for federal VA benefits is to be activated for federal service other than for training. NG is a state employee unless and until federally activated. Talk with any of these lawyers for free to determine if we've missed anything