Iowa Military Discharge Lawyer
Respected Military Discharge Lawyer Serving Iowa
Serving in the military is a brave and honorable commitment that comes with its own unique set of challenges. Unfortunately, not all service members receive an honorable discharge, and their discharge status can have significant implications on their lives after leaving the military. If you have received anything less than an honorable discharge, it is important to understand how this status may impact your eligibility for Veterans Affairs (VA) benefits. The Vet Law Office can help you determine your options for upgrading your discharge status and improving your ability to receive veterans' benefits.
Military Discharge Status and VA Benefits
The type of discharge a service member receives upon separation from the military determines their eligibility for VA benefits. The most favorable type of discharge is an honorable discharge, which signifies that the person completed their service with distinction and fulfilled all obligations to the highest standard. Other types of discharges include general discharges under honorable conditions, other-than-honorable (OTH) discharges, bad conduct discharges (BCDs), and dishonorable discharges. Each type carries specific consequences regarding access to veterans' benefits.
Eligibility Criteria for Basic VA Benefits
To be eligible for basic VA benefits—such as healthcare services—a veteran must typically have received an "honorable" or "general" discharge. These veterans may also qualify for benefits such as home loans, assistance pursuing a college education, and disability benefits. Veterans with less than honorable discharge statuses—OTH discharges, BCDs, or dishonorable discharges—may be eligible for fewer types of benefits, and in some cases, they may not be able to receive any benefits aside from emergency medical services.
Exceptions for Medical Discharges
A notable exception applies when a veteran receives a medical discharge due to physical or mental health issues incurred or aggravated during active duty. These discharges may be appropriate for veterans who will no longer be able to complete their duties while serving in the military. However, because a medical discharge typically does not indicate misconduct or other issues that would have led to a less than honorable discharge, a veteran may still be eligible for certain medical benefits.
Medical discharges may entitle veterans to comprehensive healthcare coverage through the VA, including treatment for service-connected illnesses and injuries. They may also qualify for disability compensation to address the ongoing effects of their service-related health issues. To determine eligibility for these specific benefits, it is highly recommended to consult with an experienced attorney who assists with matters related to veterans' benefits.
Options for Upgrading a Military Discharge Status
Sometimes, a veteran's discharge status may not accurately reflect their service or their conduct during active duty. In such cases, it is possible to correct errors in military records and seek an upgraded discharge status through a formal review process. The options for doing so may include:
Discharge Review Board (DRB)
Each branch of the service has a Discharge Review Board that provides veterans with the opportunity to request changes or upgrades of their discharge status if they believe that a less than honorable discharge was unjust or unwarranted. The DRB can generally only consider appeals within 15 years from the date of separation.
Board for Correction of Military Records (BCMR)
Veterans seeking changes to military records may apply with the appropriate branch's Board for Correction of Military Records. Each branch has its own BCMR office responsible for reviewing applications related to military administrative error correction requests by service members and former service members.
Contact Our Iowa Military Discharge Upgrade Lawyer
If you have concerns about your military discharge status and its impact on the VA benefits you can receive, The Vet Law Office can help you determine the best ways to address these issues. Our experienced lawyer understands the complexities of military law and veterans' benefits, and he will work diligently to protect your rights and fight for the benefits you deserve. Contact us online or call 1-800-700-4174 to schedule a consultation. Let us provide you with compassionate support while advocating for your rights as a veteran.