Can I Get My Rights Back After Being Seperated for Other Then Honorable Conditions

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, or a discharge under honorable conditions, is acceptable as well. But what happens if a veteran does not meet this criterion?  Is there a way that he or she can still receive benefits?  As with many VA questions, the answer is maybe.

Other than honorable discharge (OTH discharge), or a bad paper, can present unique challenges for veterans. While it's not impossible to obtain VA benefits under this classification, it's not impossible. If you were discharged from active duty or other military duties under an OTH character of service, there are several avenues you can take to potentially obtain benefits.

What Are The Different Types of Discharge?

While this blog post will focus on other than honorable discharge, it's important to understand the various types of discharge that service members might face. When a service member is discharged, the military assigns what is called a "character of service" on their DD-214. This system applies to all branches of the armed forces. This character of service may appear as the following:

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

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. Individuals with general discharge may have some disciplinary marks, though these incidents are usually minor.

Other Than Honorable Discharge

Other than honorable discharge, or OTH discharge, falls under the umbrella of undesirable discharge. This character or service is also called a "bad paper." However, individuals with this character or service may still qualify for certain VA benefits. Other than honorable discharge is a type of administrative discharge. It is not determined by a court-martial. We will discuss the process of obtaining disability compensation and other veterans benefits with OTH discharge below.

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.

Dishonorable Discharge

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 modifies the character. However, this board may only modify, correct, or change characters of service not imposed by a court-martial.

How Can You Qualify for Disability Benefits With OTH Discharge?

When applying for VA disability benefits, VA health care, education benefits, and other types of VA benefits, former military members have several options for qualifying for other than honorable discharge benefits.

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 the bar to VA benefits.

Under the law, benefits are not payable to a conscientious objector who refused to perform military duty, wear the uniform, or comply with military authorities.  Nor are benefits payable to a veteran who was discharged by general court-martial, who resigned as an officer for the good of the service, or who deserted.  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.  In making its determination as to compelling circumstances, the VA is required by law to consider several factors, including the quality and length of the veteran's service, exclusive of the period of absence; the reasons given by the veteran for going AWOL (taking into consideration the veteran's age, cultural background, educational level, and judgmental maturity as well as hardship or suffering incurred during overseas service or as a result of combat wounds or other service-incurred disability); and whether a valid legal defense exists for the absence which would have precluded a conviction for AWOL, i.e., if the absence would not lead to a conviction of an offense under the Uniform Code of Military Justice.

Another consideration in determining whether an other than honorable discharge is a bar to benefits if whether the person was insane at the time of committing the offense for which the veteran received the discharge.  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 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.

Can I Get My Rights Back After Being Seperated for Other Then Honorable Conditions

Source: https://www.hillandponton.com/can-get-va-disability-benefits-discharge-not-honorable/

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