Can I receive VA benefits with a general discharge?
To receive VA benefits, your character of discharge or service must generally not be under dishonorable conditions. However, some programs are stricter than others when it comes to your discharge status. For example: A veteran with general discharge status cannot receive education benefits and services under the GI Bill program.
What happens if you are not honorably discharged from the VA?
Other Than Honorable Discharge VA Benefits. The kind of discharge you received will impact your eligibility for VA benefits. Generally speaking, if you did not receive an honorable discharge you will be ineligible for VA disability compensation benefits, but there are a few exceptions.
What VA benefits are off limits with a dishonorable discharge?
What VA Benefits Are Off-Limits With a Dishonorable Discharge? 1 Education benefits and services under the GI Bill. 2 Pension payments. 3 Health care. 4 Disability compensation. 5 Home loans. 6 Service Disabled Veterans Insurance and Veterans’ Mortgage Life Insurance benefits.
What is the character of discharge for VA benefits?
VA looks at the “character of discharge” to determine whether a person meets the basic eligibility requirements for receipt of VA benefits under title 38 of the United States Code. Any discharge under honorable conditions satisfies the character of discharge requirement for basic eligibility for VA benefits.
Are you considered a veteran with an undesirable discharge?
Dishonorable Discharge 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 modifies the character.
Can you still get VA benefits with a dishonorable discharge?
Dishonorable discharges are only issued if you are convicted at a general court-martial that calls for dishonorable discharge as part of the sentence. Thus, if you receive a dishonorable discharge, you are immediately ineligible for all VA benefits.
What disqualifies you from VA benefits?
If you're a current or former member of the Reserves or National Guard, you must have been called to active duty by a federal order and completed the full period for which you were called or ordered to active duty. If you had or have active-duty status for training purposes only, you don't qualify for VA health care.
Can you get military benefits if you were dishonorably discharged?
If you left the military with a Dishonorable Discharge or a Dismissal (for an officer), you are not eligible for any benefits.
How bad is a dishonorable discharge?
A Dishonorable Discharge is reserved for truly reprehensible crimes such as murder, manslaughter, sexual assault, and desertion. Those who receive a Dishonorable Discharge will lose all of their military benefits and are forbidden from owning firearms as civilians.
Does a dishonorable discharge show up on a background check?
It will not show on a background check through a policy agency. It will show up if you seek employment where you are asked about military service, or a job where you give access to your military record.
What is the VA 5 year rule?
The VA disability rating 5-year rule states that the U.S. Department of Veterans Affairs (VA) cannot reduce a veteran's disability rating if it has been in place for five years or more unless the condition shows sustained improvement over time. In this situation, the veteran's rating is considered a stabilized rating.
What are the easiest things to claim for VA disability?
According to a recent Veterans Administration report to Congress, the ten most commonly awarded medical conditions that are getting approved for benefits are as follows:Tinnitus.Limitation of flexion (knee)Hearing loss.Lumbosacral or cervical strain (back and neck strains)Limitation of arm motion.General scars.More items...•
Can a dishonorable discharge be reversed?
Although a positive post-service history is not necessary to succeed, it's important if you're trying to upgrade a punitive discharge—a Bad Conduct, Dishonorable, or other discharge imposed after a court-martial. The only basis for upgrading a punitive discharge is clemency.
Do you get a DD-214 If you are dishonorably discharged?
The DD214 is issued by The Department of Defense to every veteran; your record will include important information, including your discharge status: Honorable, General Other Than Honorable (GOTH), Other Than Honorable (OTH), Dishonorable, or Bad Conduct.
Is an other than honorable discharge the same as a dishonorable discharge?
If an officer is discharged by a general court-martial, they receive a dismissal notice. This is the same as a dishonorable discharge.
Can you rejoin the military with an other than honorable discharge?
This may be honorable, other than honorable (OTH), bad conduct, or dishonorable. You are normally only eligible for reenlistment if you have an honorable discharge. All other discharges than honorable tend to have legal or court martial offenses attached to them.
Is an other than honorable discharge the same as a dishonorable discharge?
If an officer is discharged by a general court-martial, they receive a dismissal notice. This is the same as a dishonorable discharge.
Can a dishonorable discharge be reversed?
Although a positive post-service history is not necessary to succeed, it's important if you're trying to upgrade a punitive discharge—a Bad Conduct, Dishonorable, or other discharge imposed after a court-martial. The only basis for upgrading a punitive discharge is clemency.
What is the difference between dishonorable discharge and other than honorable?
Service members who meet or exceed the required standards of duty performance and personal conduct, and who complete their tours of duty, normally receive honorable discharges. A dishonorable discharge (DD) is handed down for an offense the military considers the most reprehensible conduct.
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.
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.
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 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 ...
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 I get VA benefits with an honorable discharge?
Can I Get VA Benefits With an Other Than Honorable Discharge? To be eligible for disability compensation through the United States Department of Veterans Affairs, a veteran’s discharge must be under conditions other than dishonorable. This does not mean that an honorable discharge is required for receipt of VA benefits—a general discharge, ...
Can you get a discharge upgrade if you are an honorable discharge?
One option for a veteran with an other than honorable discharge is to apply for a discharge upgrade through a Discharge Review Board. This is a process outside the VA. If a discharge is upgraded through this process, the VA will consider the upgrade in determining eligibility for benefits, but the discharge upgrade does not automatically remove ...
How does discharge affect VA benefits?
Title 38 of the United States Code determines a veteran’s eligibility for VA benefits and services according to discharge status. To receive VA benefits, your character of discharge or service must generally not be under dishonorable conditions. However, some programs are stricter ...
What VA benefits are off limits?
What VA Benefits Are Off-Limits With a Dishonorable Discharge? A dishonorable discharge can make you ineligible for many VA benefits and services, including: Education benefits and services under the GI Bill. Pension payments.
What to do if you have a dishonorable discharge?
If you have a dishonorable discharge, be sure to submit anything that paints you in a positive light.
How to change discharge status?
To change it, you’ll have to prove your discharge status is incorrect to the board. Include any evidence that supports your request, such as: 1 Signed witness statements 2 A legal brief from your lawyer with arguments that support your application
Can a vet's discharge be changed?
That board can change any vet’s discharge or dismissal record . The one exception is when a court-martial sentence results in your dishonorable discharge. If you think your discharge status is wrong, you or your lawyer must file a correction request within three years.
Can a veteran receive education benefits under the GI Bill?
For example: A veteran with general discharge status cannot receive education benefits and services under the GI Bill program.
Can you get VA benefits if you are dishonorable discharged?
Title 38 states you can’t get any VA benefits or services if a dishonorable discharge reason below applies to you: General court-martial that results in a sentence. Being a conscientious objector who refuses to perform your duty, wear the uniform, or otherwise comply with a competent military authority’s lawful orders. Desertion.
What is an "other than honorable discharge"?
The VA decision involves determining whether or not the discharge was issued under dishonorable conditions. Under VA regulations an "Other Than Honorable Discharge" can be determined to be under "other than dishonorable" conditions or under "dishonorable" conditions.
What does "inequitable" mean in the military?
Inequitable means the reason or characterization of the discharge is not consistent with the policies and traditions of the service. Improper means that the reason or characterization of the discharge is in error (i.e., is false, or violates a regulation or a law).
Do you get benefits if you don't get an honorable discharge?
Don't have a Honorable Discharge, you don't get benefits. It's not that hard to get an Honorable. Got to draw the line somewhere. I don't mean to be a hard a--, but if everyone who didn't get a Honorable tries to get their discharge changed we will really have a backlog.
Is a discharge honorable or honorable?
Since your discharge was not "Honorable" or " Under Honorable Conditions" VA must look at the facts and circumstances surrounding the discharge to determine whether or not it meets the VA criteria for being "other than Dishonorable.". If you want to read the regulations governing the decision by VA go to 38 CFR 3.12.
Is a general discharge honorable?
Ace1 wrote: General Discharge IS a discharge under honorable Conditions. A veteran that is discharged with a General Discharge is entitled to the same benefits as a verteran discharged with an Honorable discharge. The are both under honorable conditions.
What percentage of veterans receive honorable discharge?
Honorable Discharge. An honorable discharge is by far the most common with over 85 percent of veterans receiving this type of discharge. Veterans with an honorable discharge are entitled to all VA benefits (e.g., disability compensation, educational, healthcare, vocational).
How to determine if discharge was under conditions other than dishonorable?
To determine whether the events that led to discharge were “under conditions other than dishonorable,” VA reviews the facts and circumstances surrounding the incident (s) that led to discharge, as report by the military . You can also submit your own supporting evidence or evidence obtained from third parties.
How many periods of service do veterans have?
Determining eligibility for benefits may be complex for veterans with multiple periods of service. For example, veterans may have two periods of service: the first with an honorable discharge and the second with a dishonorable discharge. Any conditions incurred during the first period would be eligible for VA benefits; however, ...
What is the worst discharge you can receive?
Dishonorable Discharge. The worst discharge you can receive is a dishonorable discharge. This type of discharge status is usually reserved for veterans who have committed a very serious offense such as desertion, rape, or murder.
What is an OTH discharge?
It means you had some serious departures from the conduct, protocol, and performance expected of a service member. Examples of situations that might result in an OTH discharge include security violations, serious misconduct that endangers other members of the military, or use of deliberate force to seriously hurt another person.
What does it mean to be discharged from the military?
General discharge means that you met the requirements of service, likely with some minor disciplinary actions, or failure to meet certain standards. However, overall, your military performance was considered satisfactory. Veterans who receive general discharges under honorable conditions are entitled to all VA benefits, with the exception of GI Bill education benefits.
What is bad conduct discharge?
A bad conduct discharge is a punitive, or disciplinary, discharge that is imposed by a court-martial. A court-martial is a criminal trial conducted by the military when there is a violation. If you receive a bad conduct discharge by a special court-martial (reserved for more serious charges), rather than a general court-martial (reserved for crimes that would be felonies if committed by civilians),
What does it mean when you receive an honorable discharge?
If you received an honorable discharge, which means you exceeded or met the military's standards for performance and personal conduct, you are eligible for all VA benefits and health care.
What does it mean to be discharged under honorable conditions?
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. While a discharge under honorable conditions may not be what a veteran wants on his or her resume, ...
What does honorable discharge mean?
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. While a discharge under honorable conditions may not be what a veteran wants on his or her resume, it qualifies for VA health care, TRICARE's Continued Health Care Benefit Program (military health insurance), VA disability compensation, VA pension, VA home loans, and all other veterans benefits except for educational benefits under the Montgomery or Post-9/11 GI Bill. (For the Montgomery GI Bill program or Post-9/11 GI Bill program, you need an honorable discharge.)
What happens if you have two or more periods of service?
If you had two or more periods of service, and one ended with good paper (honorable or under honorable conditions) and the other ended with "bad paper," there are some complicated rules about whether you are eligible for benefits. Generally, if you received good paper for the first period of service, and "bad paper" for the second, ...
How does the VA determine eligibility?
The VA will determine your eligibility through a character of service determination. If you received a Bad Conduct Discharge that was issued by a General Court, you are not eligible for any benefits.
Can you get VA benefits if you received a bad conduct discharge?
If you received a Bad Conduct Discharge that was issued by a Special Court Martial, you may still qualify for certain benefits just as if you had an other than honorable discharge. The VA will determine your eligibility through a character of service determination.
What happens if you don't get an honorable discharge?
Generally speaking, if you did not receive an honorable discharge you will be ineligible for VA disability compensation benefits , but there are a few exceptions.
How to get a discharge upgrade?
To get a discharge upgrade you can apply through either the Discharge Review Board (DRB) or the Board of Correction for Military Records (BCMR). Regardless of your kind of discharge, you served your country.
What is character of service in VA?
Or being found guilty of adultery in a divorce hearing. When this happens it is commonly referred to as a “character of service” decision. The VA will look at the circumstances regarding your discharge before they make their decision. If the VA decides that your character of service does not qualify you for benefits, there’s still hope for you. ...
Can you get VA benefits if you received a bad discharge?
Regardless of the service of character decision, if you received a Bad Conduct Discharge from a Special Court Martial, an Other Than Honorable Discharge, or an Undesirable Discharge you are still eligible for limited VA healthcare benefits .
Can a veteran receive disability compensation?
Veterans who received a Dishonorable Discharge or Bad Conduct issued by a General Court Martial, are not eligible for disability compensation or health care benefits.
Administrative discharge
Mine is a difficult discharge, I was discharged with an Administrative discharge. I was 17 and still partying, back in 1975 the Marines were accepting troubled youths in hope to helping them.
Re: Administrative discharge
Posting 3 times within an hour is not going to get to get you a better or quicker answer.
Re: Administrative discharge
Your case looks like something that might benefit from some legal aid, particularly regarding challenging the Navy Board of Corrections.
What is it called when you get sick while serving in the military?
You: Got sick or injured while serving in the military—and can link this condition to your illness or injury (called an inservice disability claim), or. Had an illness or injury before you joined the military—and serving made it worse (called a preservice disability claim), or.
Can you get VA disability for lung disease?
You may be able to get VA disability benefits for conditions such as : Chronic (long-lasting) back pain resulting in a current diagnosed back disability. Breathing problems resulting from a current lung condition or lung disease. Severe hearing loss. Scar tissue.
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:
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:
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.