What Should I Do if My Veteran Status from the Department of Veterans Affairs Does Not Qualify for the Veterans Small Business Certification Program?

For an applicant to qualify as a Small Business Administration (SBA) Veteran or Service-Disabled Veteran (SDV) Owned Small Business, they must first be designated by the Department of Veterans Affairs as a Veteran or SDV [38 U.S.C. § 101; 38 U.S.C. § 8127(f)(2)(B)]
- The U.S. Department of Veterans Affairs (“VA”) is the only entity that may establish Veteran or SDV status for the purposes of the SBA Veterans Small Business Certification Program in accordance with the National Defense Authorization Act 2021 Section 862 (B) (i), which states: ‘‘the Secretary of Veterans Affairs shall: … verify an individual’s status as a Veteran or a service-disabled Veteran.”
- VA verifies designations of qualifying Veterans, including disability designations, for all of SBA’s VetCert application via the following statutory excerpts:
  - “The term “Veteran” means a person who served in the active military, naval, or air service and who was discharged or released under conditions other than dishonorable” (38 U.S.C. § 101(2)).
  - “The term “active duty” means— (A) full-time duty in the Armed Forces, other than active duty for training… (38 U.S.C. § 101(21)).
  - “A Reservist or member of the National Guard called to Federal active duty or disabled from a disease or injury incurred or aggravated in line of duty or while in training status also qualifies as a Veteran” (13 C.F.R. § 128.102).
  - What this effectively means:
    - An individual must have served in the United States Army, Navy, Marine Corps, Air Force, Space Force, or Coast Guard or a reserve component thereof.
    - Service can be for any length of time but must be more than entry level training periods and or other follow-on training periods.
    - The regulation requires that the individual applying for Veteran status has been discharged or released from the military under other than a dishonorable status.

Can I be a Veteran and not qualify as a Title 38 Veteran?
- Yes.
- You must have served in an Active Duty status as part of the regular component of the Branch of Service or brought to Active Duty for purposes other than training while in the National Guard or Reserves to be considered a Title 38 Veteran or
- If you are receiving service-connected disability compensation from the Veterans Benefits Administration, you are a Title 38 Veteran.
- If you have been awarded service-connected disability compensation from the Veterans Benefits Administration (VBA) due to an injury incurred in the line of duty while serving as a National Guard or Reserve member, you are a Title 38 Veteran.
- National Guard or Reserve service in which you serve periodically throughout the year, or attended Active Duty for Training (Initial Training, military schools, short term duty) does not qualify as Active Service for Title 38 Veteran status.

Eligibility Criteria	Qualifies for Title 38 Veteran Status
Served in Active Duty	Yes
Served in National Guard or Reserves (Active duty for other than training purposes)	Yes
Receiving Service-Connected Disability Compensation	Yes
Served in National Guard or Reserves for standard duty one weekend a month / two weeks a year	No
Served in National Guard or Reserves for short duty periods for which NO DD214 was issued	No
Served in National Guard or Reserves for Active Duty for Training (ADT) such as Basic Training, Individual training, Military Schools, etc.	No

What occurred prior to me receiving this notification?
- SBA contacted VA to request a verification of your Title 38 Veteran status.
- VA reviewed all systems of record and, if necessary, requested service records. Once the additional records were received, VA reviewed to identify if documents showing Title 38 Veteran service were present.
- Following this review there were no documents that showed Title 38 Veteran status.

What documents indicate Title 38 Veteran status?
- A DD Form 214 (DD214), Certificate of Discharge or Release from Active Duty, in which the reason for separation is “Release from Active Duty” and there are no remarks on the form indicating that the Veteran was in a training status and the Character of Discharge on the DD214 is not: Other than Honorable, Dishonorable, Bad Conduct Discharge.
- Notification letter from VA stating you have been granted service-connection for a disability.
- Benefits Summary Letter that a Veteran can download from http://VA.gov showing current VA Disability Compensation benefits.

This FAQ addresses the most common questions related to Title 38 Veteran status. Should you have further or more specific inquiries, we encourage contacting your local VA Regional Office or Veterans Service Organization. Please note: SBA VetCert and SBA’s Office of Hearings and Appeals are not able to make determinations of Veteran status or disability.
- Scheduling an appointment with a regional VA public contact representative to discuss your record is the best method to correct your Veteran and/or disability designation. During the appointment, you may discuss the documentation required to demonstrate your Veteran and/or disability status.
  - Follow instructions to schedule a virtual and in-person appointments at https://va.my.site.com/VAVERA/s/.
  - Fill out your name on the Visitor Information page.
  - Select “I am the Veteran” under Relationship to Veteran.
  - Include the following statement in the field labeled Special Notes/Requests:
    “I applied to the Small Business Administration’s VetCert program and would like to update or obtain clarification on my Veteran and/or disability designation.”
- VA can be reached at 1-866-584-2344 Monday through Friday 8:00 a.m. to 6:00 p.m. for clarification on the resources to update or obtain clarification on your Veteran and/or disability designation.
- Contact your Veteran Service Organization