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can general discharge get va benefits

by Lesley Morissette Published 2 years ago Updated 1 year ago
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Veterans who receive general discharges under honorable conditions are entitled to all VA benefits, with the exception of GI Bill education benefits.Apr 24, 2017

Can you get VA benefits with a general discharge?

Veterans with a general discharge, or general discharge under honorable conditions, are also entitled to all the benefits under the VA. This character means that a service member may not have met all of the standards of honorable discharge, yet their military service met standards of adequacy.

What is general discharge under honorable conditions?

The General Discharge, Under Honorable Conditions is assigned when there are infractions that do not warrant a judicial consequence. It can also be assigned when there is a medical reason for a discharge.

What is general under honorable conditions?

  • Involuntary separation due to parenthood
  • Diagnosis of a Personality disorder
  • Other designated physical or mental conditions

How bad is a dishonorable discharge?

In many states a dishonorable discharge is deemed the equivalent of a felony conviction, with attendant loss of civil rights. In some states, those who have been dishonorably discharged may also be barred from voting, holding office or doing jury service because they were discharged as the result of a felony conviction.

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Can you get VA disability with a general discharge?

Veterans with a general discharge, or general discharge under honorable conditions, are also entitled to all the benefits under the VA. This character means that a service member may not have met all of the standards of honorable discharge, yet their military service met standards of adequacy.

Are you considered a veteran with a general discharge?

Current state law generally defines a veteran in three ways. The general definition is anyone honorably discharged or released under honorable conditions from active duty in the armed forces.

What discharge qualifies for VA benefits?

Generally, in order to receive VA benefits and services, the Veteran's character of discharge or service must be under other than dishonorable conditions (e.g., honorable, under honorable conditions, general).

Can you receive VA benefits other than honorable discharge?

Veterans with other than honorable (OTH) discharges can apply now for health care and may receive treatment while VA reviews your application. The VA may treat you for: Your VA-rated, service-connected disability. Any conditions related to sexual assault or sexual harassment experienced during your service.

Is general discharge honorable?

A general discharge under honorable conditions means that your service was satisfactory, but did not deserve the highest level of discharge for performance and conduct. Many veterans with this type of discharge may have engaged in minor misconduct.

Do all veterans get VA benefits?

All enrolled Veterans receive the Department of Veterans Affairs (VA's) comprehensive Medical Benefits Package which includes preventive, primary and specialty care, diagnostic, inpatient and outpatient care services.

Can you change a general discharge to honorable?

It's difficult, but not impossible, to get your bad paper discharge upgraded to honorable or get the reasons for your discharge changed. Some veterans want their discharge changed even if they remain eligible for many VA benefits, because they feel it dishonors the service they provided to their country.

Will a general discharge hurt my future?

With a General Discharge, Under Honorable Conditions, these rights remain intact. 5. It won't impact future job opportunities in most circumstances. It is true that a future employer is going to prefer an individual with an Honorable Discharge over an individual with a General Discharge, Under Honorable Conditions.

How long do you have to serve to get VA benefits?

24 monthsGenerally, you must have 90 days or 24 months of active service (depending on when you served) to qualify. *You are also eligible if you previously completed 24 continuous months of active service prior to the date above, or received an early discharge under Section 1171 of Title 10.

Can I rejoin the military with a general under honorable discharge?

There are several types of discharges that can keep you from re-enlisting in the service, including a bad conduct discharge, an "other than honorable discharge" and a dishonorable discharge. On the other hand, if you received a general or honorable discharge, you may qualify for re-enlistment.

What is a general discharge from the military?

Recipients of General Discharges usually have engaged in minor misconduct or have received nonjudicial punishment under Article 15, UCMJ. While the “under honorable conditions” terminology is slightly confusing, there is a clear disadvantage to receiving a General Discharge in contrast to an Honorable Discharge.

How long do you have to serve in the military to get a VA loan?

6 years in the Reserves or National Guard. If you can prove you served enough time and that you have the right type of discharge, you are eligible for the VA loan. You’ll receive a Certificate of Eligibility, which your lender will need to process your VA loan. Click to See the Latest Mortgage Rates.

How many days do you have to serve to qualify for VA home loan?

You must serve at least: 91 days during wartime in the regular military. 181 days during peacetime in the regular military.

What does it mean to be discharged with a discharge?

General discharge means that you were discharged with satisfactory performance, but there is some area that you did not meet the requirements. There was some type of no judicial punishment that you received for failure to meet the military expectations or for some type of misconduct that wasn’t bad enough to warrant a dishonorable discharge.

Do you have to have a dishonorable discharge to receive VA benefits?

In general, you need a discharge other than dishonorable in order to receive VA benefits. This means honorable, under honorable conditions and general discharge. The only exception to this rule would be if there is some type of special circumstance that left you with a dishonorable discharge.

Do you have to prove you can afford a VA loan?

Don’t make the mistake of assuming that if you are eligible for a VA loan that you automatically qualify. You have to prove that you can afford the loan. The VA does have flexible guidelines when it comes to qualifying, but you still have to prove that you can afford it.

What is the difference between a general discharge and an honorable discharge?

General Discharge vs. Honorable Discharge. An honorable discharge is the highest level of discharge a service member can receive. It means the expected duties were well-performed, and the member was faithful to their assigned duties. A general discharge is considered an administrative discharge.

What does "other than honorable discharge" mean?

Typically, this type of discharge means you struggled to meet expectations for conduct and performance and show a pattern of behavior that is not in line with a service member’s expectations.

What is discharge review board?

You may consider the Discharge Review Board if you feel your discharge was not proper or equitable under the law. For instance, a veteran might suffer from post-traumatic stress disorder (PTSD), and the disorder is the reason for the behaviors that caused the discharge in the first place.

What are the reasons for discharge?

In some cases, the discharge is due to not maintaining expectations in the following areas: 1 Dress and appearance 2 Fitness and weight 3 Success in completion of training 4 Minor issues with discipline

What benefits do you get from a VA discharge?

If you have a general discharge, you qualify for several benefits. VA Compensation benefits include disability, dependency and indemnity compensation, and special monthly compensation. Also, those with this type of discharge qualify for a pension, home loan, and insurance benefits. Although, if you want education benefits, ...

What does it mean to be discharged from the military?

A general discharge from the military means that you met the obligations of service. But this was likely with disciplinary actions or failure to meet specific standards. Perhaps the service involved circumstances where your conduct or duty was not commendable enough to result in an honorable discharge.

What is the difference between a general discharge and an honorable discharge?

But, there are clear differences in getting a general discharge compared to an honorable discharge. If you received a general discharge, your overall military service was considered satisfactory. Those who get general discharges under honorable conditions receive all VA benefits, aside from GI Bill Education Benefits.

What are the different types of military discharges?

A military discharge refers to the veteran’s release from their obligation to continue service in the military. When discharged, a veteran receives a type of discharge along with a “characterization of service.” This usually falls into one of five categories: 1 Honorable 2 General under honorable conditions 3 Other than honorable 4 Bad Conduct 5 Dishonorable

What is an honorable discharge?

A person who receives a good or excellent ranking for their time in the service will be discharged honorably. Usually, a service member receives an honorable discharge by exceeding standards for performance and personal conduct during their time in the military.

How many periods of service can a VA member have?

For example, a service member may have two periods of service. The second may be issued with an honorable discharge and the second with a dishonorable discharge. In such a case, any conditions developed during the first period of service would be entitled for VA benefits.

What happens if you get a bad conduct discharge?

If you receive a bad-conduct discharge from a special court-martial, an other than honorable discharge, or an undesirable discharge, a ruling will be made to assess whether you’re eligible for benefits. These types of cases are conducted on a case by case basis.

What is a military discharge?

A military discharge refers to the veteran’s release from their obligation to continue service in the military. When discharged, a veteran receives a type of discharge along with a ‘characterization of service.’. This usually falls into one of five categories: Honorable. General under honorable conditions.

Who has the authority to grant an administrative military discharge?

A commanding officer with high rank or another active duty high ranking member of the United States military has the authority to grant an administrative military discharge.

What does it mean to receive an honorable discharge?

Receipt of an honorable military discharge means that you met performance and conduct standards while completing ...

What are the benefits of the Montgomery GI Bill?

VA Education Benefits: The Montgomery GI Bill and the Post-9/11 GI Bill both require military personnel to have received an honorable discharge from active duty service. Other educational programs for retired military personnel only require a military discharge status of anything other than under dishonorable conditions.

What are the requirements for military retirement?

Here are the specific military discharge requirements to maintain eligibility for these programs: Military Retirement Benefits: You must have a military discharge status of honorable, general, or under honorable conditions to maintain eligibility for retirement pay for military members. VA Compensation: To receive compensation for ...

What does "other than honorable discharge" mean?

Other than honorable discharge means that the military ended your active duty service prematurely due to an act of serious misconduct. Abuse of authority and/or fraternizations also fall under this category. You could receive an other than honorable discharge when you come to the end of your enlisted military service and opt for desertion rather than waiting to receive your formal military discharge from a superior. Any military service member convicted by special court-martial who did not receive a punitive discharge also receives an other than honorable discharge.

What are the reasons for a discharge?

A general discharge applies to service members who faithfully completed active duty even if they have some disciplinary issues listed on their military records. Common reasons to receive a general discharge under honorable conditions include: 1 Not maintaining military standards of dress 2 Not maintaining military standards of appearance 3 Not maintaining military standards for body weight 4 Not maintaining military standards for fitness 5 One or more minor disciplinary infractions while serving active duty 6 Not demonstrating adequate progress in your military training

What is the meaning of "absence from the military without receiving a formal leave"?

Absence from the military without receiving a formal leave (desertion) Being under the influence of drugs or alcohol while serving active duty. Driving a personal or military vehicle while under the influence. Dismissal is a type of punitive military discharge reserved for officers.

What is an honorable discharge?

Honorable Discharge. An honorable discharge is the top level of military discharge. It’s also the most common. Veterans with this character of service are eligible for all benefits through the VA, such as disability pay, education benefits, and healthcare benefits.

How long is AWOL for veterans?

Benefits are not payable to a veteran who was absent without official leave (AWOL) for a period of at least 180 days. This bar for an extended period of AWOL may be removed if there is a finding of compelling circumstances which could excuse the absence.

What is bad conduct discharge?

Bad conduct discharge is a punitive discharge, so these situations typically involve some type of discipline. Service members who receive this type of discharge may be barred from reenlistment. They may also serve time in a military prison. A special court-martial determines this service character through a criminal trial.

Can a veteran be discharged under dishonorable conditions?

Service members who commit serious crimes while in the military may be discharged under dishonorable conditions. A court-martial determines this type of discharge as well. Dishonorable discharge makes a veteran ineligible for all VA benefits. A character of service determination remains on your military record unless a discharge review board ...

What does insane mean in VA?

For purposes of the VA, an insane person is one who, while not mentally defective or constitutionally psychopathic exhibits, due to disease, a more or less prolonged deviation from his normal method of behavior, or who interferes with the peace of society. Insanity would remove the bar to benefits. One other important point to know ...

Where is Shannon from?

Shannon is the daughter of a U.S. Air Force Master Sergeant and a high school English teacher and was born on MacDill AFB in Tampa, Florida. While attending law school, she worked as a teaching assistant for legal writing classes. She was a member of the University of Florida Law Review and published a case note on the Florida Privacy Amendment. She enjoyed practicing land use and environmental law for several years after law school but felt called to serve our veteran population and changed her practice area to veterans disability law. Shannon lives in Orlando with her husband and two sons.

Do veterans have to have an honorable discharge to receive education benefits?

Veterans must have an honorable discharge to receive education benefits through the Post-9/11 GI Bill or Montgomery GI Bill.

Can you get VA medical treatment if you have a discharge?

A: Yes, in some situations: If an individual received a discharge “under other than honorable conditions,” he or she may still be eligible for treatment at a VA medical facility for disabilities determined to be service connected, unless the individual is subject to one of the statutory bars to benefits specified in 38 U.S.C. § 5303.

Is discharge dishonorable in VA?

A: Yes. As established by VA regulation 38 CFR § 3.12(d), an individual’s character of discharge is considered to have been issued “under dishonorable conditions” if he/she was released under any of the following circumstances:

Is a release for any reason a statutory bar to benefits?

§ 5303), a release or discharge for any of the following reasons constitutes a statutory bar to benefits, unless it is determined that the Servicemember was insane at the time he/she committed the offense that resulted in the discharge:

Does Character Of Service Determination Change Discharge Status

While a character of service determination can make an individual eligible for VA benefits and veteran status, it does not change their actual discharge status from the military. Again, it only means that VA is going to allow their benefits claim to proceed if the character of service discharge is favorable.

What Are The Benefits Of A General Discharge

The conditions under which the discharge was given is included on the service members DD-214, the document which outlines the specifics of their separation from military service.

Get A Certificate Of Eligibility

The first step in getting a VA loan is to get a certificate of eligibility . The required paperwork you need depends on your status but here are some examples.

Va Loan Requirement Guidelines

Below are some basic VA loan requirements to keep in mind when thinking about purchasing a new home. Getting all your documents organized and established makes the home buying process a much smoother experience.

What Is A Va Loan

A VA loan is a mortgage that benefits individuals who have served in the U.S. military. By guaranteeing a percentage of every VA home loan, the U.S. Department of Veterans Affairs lessens the risk to lenders.

Dishonorably Discharged Veterans Cant Use The Loan

No one sets out to get a dishonorable discharge on their record. That said, it happens and earning that discharge designation on your record will prevent you from being able to use the VA home loan program permanently.

What Are Typical Credit Ranges For A Va Mortgage

Its important to put that common 640 benchmark in perspective. The FICO credit score is used by most mortgage lenders and runs from 300 and 850.

What do veterans get for their rehabilitation?

While enrolled in a rehabilitation program, veterans receive a monthly subsistence allowance in addition to compensation or retirement pay.

What is the DVA for alcohol?

Alcohol and Drug Abuse Treatment. Eligible veterans are admitted to any of the Department of Veterans Affairs (DVA) medical centers for the treatment of alcohol or drug dependence or associated medical conditions.

Why are veterans hospitalized?

They are hospitalized in a military hospital for a condition likely to be compensable; They were discharged or released under other than dishonorable conditions; The VA determines they need vocational rehabilitation services to achieve suitable employment because of an employment handicap.

How much is the Federal Benefits booklet?

It is sold for $5.50 a copy through the U.S. Government Printing Office.

How many cemeteries does the VA have?

Veterans, service members and family members are eligible for burial in one of the VA’s 114 national cemeteries. An eligible veteran must have been discharged or separated from active duty under conditions other than dishonorable and have completed the required period of service.

What are the benefits of a VA national cemetery?

Burial benefits in a VA national cemetery include the grave site, opening and closing of the grave and perpetual care. Many national cemeteries have columbaria or special grave sites for cremated remains. Headstones, markers and their placement are provided at government expense.

What is FEHBP in medical terms?

The new program had to provide medical benefits comparable to those provided to former civilian employees under the Federal Employee Health Benefit Plan’s (FEHBP) Temporary Continuation of Coverage. The 1995 Authorization Act extended this benefit to children placed for legal custody or for the purpose of adoption.

What is dishonorable discharge?

It is another type of punitive discharge, meaning that it is the result of misconduct of the military member. Examples of crimes that warrant a dishonorable discharge include: Murder. Fraud.

What is nonjudicial punishment?

Nonjudicial punishment most often results in a general discharge, under honorable conditions. This means that if a service member does something that warrants punishment under the Uniform Code of Military Justice (UCMJ) but does not break a civilian law. Examples of things punishable under the UCMJ include:

What is medical separation?

A medical separation is a type of military discharge that stems from a soldier, sailor, or Marine having a physical or mental condition that affects their ability to serve. This discharge is determined via the 2 medical review boards: Medical Evaluation Board (or MEB) and Physical Evaluation Board (PEB).

What is entry level separation?

An entry-level separation is a type of military discharge that happens very early on in ones military service. It’s given to individuals who have not completed a minimum of 180-days of service, and technically isn’t considered good or bad.

Why was Bowe Bergdahl discharged?

Bowe Bergdahl received a dishonorable discharge for desertion and misbehavior before the enemy. Image: Wikipedia.org. A dishonorable discharge is considered the worst type of military discharge. It is the result of a serious crime, such as a felony, and is almost always awarded following military confinement.

What benefits do veterans get after discharge?

Depending on their length of service, this can include retirement pay, GI bill benefits, medical and dental coverage, and home loan assistance.

What is bad conduct discharge?

A bad conduct discharge is the result of a crime that is taken to military trial. There are two types of Courts-Martial: a General Court-Martial and a Special Court-Martial. Service members often have to deal with a period of confinement following their Court-Martial and before their discharge.

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