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Immigrants are vital to our nation's military, with about 5,000 noncitizens enlisting in the armed forces yearly. Still, it's surprising to many that a considerable number of non-US citizens have served honorably and with distinction in active duty. Data shows that more than 20 percent of the Medal of Honor recipients are non-natives.
Even during the Civil War, immigrants who were not yet US citizens represented 18% of the Union army. The First World War gave citizenship to 192,000 noncitizen service members. Since World War 2 and the start of the all-volunteer service and conscription, immigrants - mainly from the Philippines or Mexico - have been filing disparities in recruiting quotas, as joining the service allowed them to become naturalized citizens.
According to statistics, more than 710,000 individuals were naturalized through military service from 1907 to 2010. However, there are still a large number of people who have served in the military and have yet to naturalize. As long as these military members did not request discharge during wartime and received an other than dishonorable discharge, they are eligible for veterans' benefits, regardless of their immigrant status. They must, though, meet the necessary service and other eligibility requirements. The same rules apply to veterans who live abroad. Furthermore, in some cases, veterans who still haven't obtained citizenship can be Green Card holders or have an undocumented status. Regardless, as long as they meet the service requirements, they could be eligible for certain VA benefits. Generally, eligibility to receive VA benefits is based on the following criteria for applicants:
- must have veteran status
- must comply with the active duty requirements
- must meet the period of active duty service requirements
- must have an other than dishonorable discharge
- cited service-connected disabilities cannot be a result of willful misconduct
- benefits are not awarded if discharge was due to willful misconduct
It's noteworthy that undocumented veterans may face challenges in accessing VA benefits, but those who served honorably may still qualify for certain benefits.
VA's Support for Noncitizen Service Members, Veterans, and Immediate Family Members
In recognizing the profound commitment and sacrifice service members and their families have made to the country, the VA made considerable efforts to support noncitizen service members and veterans. One of them is the initiative to assist deported veterans, which involves working together with Homeland Security and other partners to identify them. Identification ensures they can obtain VA benefits to which they may be entitled.
This initiative is known as the Immigrant Military Members and Veterans Initiative (IMMVI); it consolidates federal resources and assists noncitizen military personnel and their families. Additionally, the VA provides support in the process of veteran's naturalization, regardless of their current immigration status.
Naturalization may offer additional opportunities and benefits, and the VA's efforts to expand targeted outreach to promote naturalization are part of the support of noncitizen veterans in pursuing US citizenship. More than that, support for transitioning noncitizen service members as they come into the VA system is also available.
All veterans have rights to benefits regardless of citizenship; noncitizen veterans are entitled to the same benefits as US citizen veterans if they have a DD214 and were released from active duty under other than dishonorable conditions. However, certain immigration-related factors may influence access to specific benefits or services. Even though these factors don't affect the basic entitlement to benefits, they may impact how easily a veteran can access certain services.
Veteran's Benefits for Those Who Live Abroad
Veterans who live overseas also remain entitled to the compensations and services they rightfully earned through military service. Most VA benefits are payable regardless of place of residence or nationality, including:
- disability compensation
- pension
- education and training
- health care
- home loans
- insurance
- vocational rehabilitation
- employment
- burial
For their disability claim, the VA will schedule the claim exam as close as possible to the veteran's home. The veterans are responsible for supporting the process by providing an exact physical address, even if they utilize a separate mailing address. Correct data submission can be done by completing VA Form 21-4138 (Statement in Support of Claim) and uploading it with the claim to VA.gov or through Quick Submit.
Additionally, veterans living abroad should provide their most current contact information, such as telephone number and e-mail address. The VA will utilize multiple ways to inform and notify veterans of exam dates, times, and locations. Communication is critical for both parties, especially when a veteran lives in another country. His claims may be delayed or denied without a physical address or current contact information.
Veterans Can Get Healthcare Overseas
Veterans living or traveling outside the US can receive medical care for VA service-connected disabilities through the VA Foreign Medical Program. This program is available to all eligible veterans, regardless of their citizenship status. Under this program, the VA assumes payment for the necessary treatment of service-connected disabilities. Some types of care and services FMP covers are:
- outpatient care
- inpatient care
- emergency and urgent care
- skilled nursing care
- physical therapy
- prescription medicines approved by the FDA
Prescribed medical equipment, devices, and supplies that support veterans' everyday activities - including prosthetics - are also included. However, eligibility for coverage through FMP has a set of rules for those veterans who receive medical care in countries other than the US. In these cases, the VA only covers costs for services rendered medically necessary and meet one of the following criteria:
- medical services are for a service-connected disability rated by the VA
- medical services are for a condition associated with a service-connected disability deemed to worsen said disability
- medical services are part of the care the veteran receives as a participant in our Veteran Readiness and Employment (VR&E) program
Offering Assistance for Veterans in Filing for Asbestos Compensation
All veterans have the legal right to file claims with the asbestos trust funds and apply for VA disability benefits if their disability occurred due to their military asbestos exposure. This applies to noncitizen veterans and their families, as well. When filing claims with the asbestos trust funds, they must comply with the requirement that they were exposed to asbestos products produced by companies that set up a trust. Former service members can request compensation if they have developed an asbestos-related malignant illness, can prove their in-service exposure, and have medical files about the following cancers:
- pharyngeal cancer
- colorectal cancer
- mesothelioma
- laryngeal cancer
- esophageal cancer
- urogenital cancer
- bronchial cancer
- lung cancer
- gastrointestinal cancer
If you're a veteran?diagnosed?with any of the conditions above and wish to take legal steps, a lawyer specializing in asbestos claims can help gather the necessary documentation and represent your case.?We can help you contact legal specialists who are ready to take on your case.