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does a general discharge affect va benefits

by Mrs. Estel Shanahan Published 2 years ago Updated 2 years ago
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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.

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.

Full Answer

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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Are you eligible for VA benefits with a general discharge?

Veterans who receive general discharges under honorable conditions are entitled to all VA benefits, with the exception of GI Bill education benefits.

What are the consequences of a general discharge?

A service member that receives a General discharge (Under Honorable Conditions) may not receive certain benefits including: participation in the GI Bill, service on veterans' commissions, and other programs for which an honorable discharge is required, but is eligible for VA disability and most other benefits.

Is a general discharge considered a veteran?

A general discharge still affords the veteran access to most veteran's programs. In some instances, they may be eligible for VA medical coverage. However, they cannot reenlist and do not have eligibility for the GI Bill.

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.

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.

Can I get VA benefits with a 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.

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.

Can I join USAA with a general discharge?

You must have separated with an Honorable or General Under Honorable Conditions discharge. Call 800-531-USAA (8722), that's 800-531-8722 to see if you qualify.

Are you considered a veteran if you didn't finish boot camp?

According to the Veteran Affairs Guidelines for establishing veteran status: If you were discharged while still undergoing basic training (or any required training, for that matter), you are considered as a veteran if your discharge was due to a disability sustained because of your training.

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.

Is VA disability for life?

If VA assigns you a 100% rating, it has the option of also designating you permanently and totally disabled. If you receive this designation, your benefits are safe for the rest of your life.

Can you lose VA medical benefits?

If you're in one of the lower priority groups, you could lose your VA health care benefits in the future. If you don't keep your private insurance, this would leave you without health coverage.

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.

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.

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.

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.

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 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 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 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 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).

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.

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.

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.

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),

Can a VA attorney use medical records?

A VA attorney should also know how to use your medical records as evidence of your disability and the extent to which it affects your everyday life. Depending on the circumstances surrounding your case, we may recommend possibly upgrading your military discharge.

Does the VA pay for injuries sustained while in prison?

Keep in mind that how you were injured can affect your eligibility for disability benefits through the VA. For example, the VA will not compensate you for injuries sustained while you were in prison for a felony or AWOL (Absent Without Leave).

Can you get disabled from being discharged from the military?

The only time your military discharge status would completely destroy your chances of getting military disability is if you were dishonorably discharged. People who are dishonorably discharged have been convicted of a serious offense like murder or rape by a general court-martial.

Can you get disability if you were given an honorable discharge?

Other Than Honorable. Bad Conduct. Dishonorable. In general, you are eligible for veteran disability if your discharge was honorable or general under honorable conditions. If you were given an Other Than Honorable (OTH) discharge, you may still be eligible for benefits depending on the circumstances of your case.

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.

What are the disadvantages of a general discharge?

The disadvantage of a General Discharge is that there are specific benefits which no longer become accessible. GI Bill education benefits, for example, are reserved for military members who received an honorable discharge. Any benefit tied to that specific discharge type will not be received. Here are some of the other General Discharge, Under ...

What is a general discharge?

With a General Discharge, an individual will have received some form of non-judicial punishment during their time of service as a disciplinary action.

What is the best discharge for the military?

The type of discharge that is received will be placed on their DD-214. The best option is the Honorable Discharge, while the worst option is a Dishonorable Discharge. Several options, including the General Discharge, Under Honorable Conditions, ...

Why is discharge important?

1. It prevents future service. Individuals who receive a General Discharge, Under Honorable Conditions are not allowed to re-enlist once the dismissal has been completed. The discharge type prevents individuals from entering a different service of the armed forces as well.

How many points can you add to your discharge?

The application is a points-based system, so individuals with this discharge type who qualify can have up to 10 points added to their scores.

Why is Chapter 13 considered an administrative discharge?

A Chapter 13 for failing to attend a specific responsibility, being overweight, or being under-strength are three common reasons for this administrative discharge to be used.

When is a discharge under honorable conditions assigned?

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 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.

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 ...

Does insanity remove the bar to benefits?

Insanity would remove the bar to benefits. One other important point to know with regard to the character of discharge is that VA can grant benefits for an injury or disability which occurred during a period of honorable service even if the veteran later has a period of dishonorable service.

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 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 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.

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 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.

Can you use a bad conduct discharge on a veteran?

Those receiving a bad conduct discharge are not able to use any veteran’s programs; this includes medical and dental benefits, VA housing programs, and the option to serve in the military in the future. A dishonorable discharge also comes with a loss of personal civilian rights, such as the right to own a firearm.

Can a letter of reprimand affect a discharge?

While a letter of reprimand, official counseling, or other minor infraction will rarely impact a service member’s career to the point of changing their discharge classification, it is still critical to strive for the exemplary record that merits an honorable discharge.

Do you get an honorable discharge after retiring from the military?

Following a career of faithful military service, the member is almost always given an honorable discharge.

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