Are You Eligible for Disability Benefits If Your Discharge was Other Than Honorable (OTH)?
An Other Than Honorable (OTH) discharge is usually an undesirable discharge from service and will affect your eligibility for certain disability benefits. An OTH discharge means or implies you had a few serious departures from the protocol, conduct, and performance expected of a professional service member in the US military.
Keep in mind that OTH discharge characterizations are often made administratively rather than through court-martial proceedings. If you had an OTH discharge from military service, you may still qualify for healthcare benefits or compensation via a limited exception.
With this exception, you could receive treatment for either a service-connected condition or a medical condition that was aggravated or exacerbated by your service.
Eligibility for VA Disability Benefits for a Bad Conduct Discharge
A BCD is a disciplinary or punitive discharge from military service. It is imposed through a court-martial. If you had a BCD that was issued via a Special Court-Martial, don’t lose hope.
You may still be eligible for certain benefits. In this case, the US VA will determine your eligibility for benefits through a character of service determination.
Are You Eligible for Disability Benefits If You Were Dishonorably Discharged?
As the name suggests, the worst discharge from service you can receive is called a dishonorable discharge.
You should know that this type of military discharge status is often reserved for military veterans who are guilty of a very serious or heinous offense such as rape, desertion, or murder. Did you leave the US military with a Dishonorable Discharge? If yes, you aren’t eligible for any disability benefits. However, you can appeal a dishonorable discharge.
Appealing a Dishonorable Discharge
You can appeal your dishonorable discharge from service, and perhaps with the right attorney, you can get it downgraded to a different kind of administrative discharge. So, if you think that your dishonorable discharge was incorrect, it is best to take suitable legal action to protect your rights as well as any veterans’ benefits or compensation that may be rightfully and lawfully available to you.
Speak to an Experienced VA Disability Attorney
As you can see, the process of applying for disability benefits can be overwhelming, time-consuming, and tricky. This is especially true if you have a significant physical or psychological impairment or injury.
So, it can be beneficial to speak with an experienced VA disability attorney in your state about your eligibility for disability benefits or compensation, particularly if you were denied benefits initially.
Does Veterans Help Group Assist with Discharge Upgrades or Discharge Issues?
Although we don’t handle discharge upgrades and issues, don’t worry, as help is available. You can contact a Veterans Service Office (VSO) or find more detailed information through the US Department of Veterans Affairs.
Here are some attorneys that handle discharge issues and discharge updates for military veterans.
- Donet, McMillan, & Trontz, P.A
- Tiffany & Bosco, P.A.
- The Edmunds Law Firm
- Law Offices of Murphy & Price, LLP
- Wilson, Elser, Moskowitz, Edelman & Dicker LLP
- Tinny Meyer & Piccarreto PA
- The Cody Law Firm
- Stone Rose Law
If you were not honorably discharged from service, a disability attorney could help compile and review your records and request corrections to your military records. They can work on getting your dishonorable discharge upgraded so that you can improve your eligibility for VA benefits.
Get Help with a VA Disability Claim and Enjoy Peace of Mind
Veterans’ disability benefits or compensation can have a considerable impact on your future. Having a VA disability attorney guide you through the VA’s complicated bureaucracy will help save you headaches and time. VA laws, rules, and regulations are intricate and complex and subject to frequent changes. Also, sometimes, the intent behind these changes lacks transparency.
If you were not honorably discharged from military service, the VA might deny your claim. If you think you still may be eligible for such benefits, Veterans Help Group encourages you to contact an experienced and trained disability attorney as soon as possible in order to discuss your case and ensure your legal rights are protected.
How can Veterans Help Group Assist You?
While we cannot help or represent you if you were not honorably discharged, we can help you find the right disability attorney. You can contact the advocates at Veterans Help Group to learn how an advocate can help you overcome discharge issues and secure maximum benefits. Call us at 855-855-8992.
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