Missouri Military Discharge Lawyer

Respected Military Discharge Lawyer Serving Missouri

When a service member completes their military service, their discharge status may play a role in determining their eligibility for various benefits and services provided by the Department of Veterans Affairs (VA). The type of discharge received can have significant implications on the benefits a veteran may be entitled to. It is crucial for veterans to understand how the discharge they received may affect their eligibility and what options are available to upgrade their discharge status. At The Vet Law Office, we work to help veterans address these issues and ensure that they receive the VA benefits they need.

The Importance of Discharge Status

A veteran's discharge status is based on the nature of their separation from the military. There are several types of discharges, including:

• Honorable discharge - A service member may be discharged honorably if they have successfully completed their military obligations with good conduct and met all performance standards. Veterans with honorable discharges are generally eligible for all VA benefits, including healthcare services, disability compensation, education assistance programs such as the GI Bill, home loans, and burial benefits.
• General Under Honorable Conditions Discharge - A general discharge may be given when a service member's overall record is satisfactory but falls short of meeting the criteria for an honorable discharge. While veterans with this type of discharge are still eligible for most VA benefits, there may be some limitations or additional requirements imposed on certain programs.
• Other Than Honorable Discharge - An OTH discharge is usually issued due to misconduct or behavior that violates military regulations but does not warrant more severe disciplinary action. Veterans with this type of discharge may face significant challenges in accessing VA benefits. In most cases, they are ineligible for healthcare services, and they may have limited access to other benefits such as education assistance or disability compensation.
• Bad Conduct Discharge - A BCD is typically given as a result of a court-martial conviction for serious offenses. Veterans with bad conduct discharges are generally not eligible for VA benefits, except in certain circumstances where the offense was related to mental health conditions that can be linked to their military service.
• Dishonorable Discharge - A veteran may be discharged dishonorably following conviction by a court-martial for especially serious crimes, including homicide or espionage. Veterans with dishonorable discharges are generally barred from receiving any VA benefits.

Medical Discharges and Eligibility

In addition to the above-mentioned discharges, it's important to note that veterans who receive medical discharges due to injuries or illnesses incurred during their military service may have different eligibility criteria for VA benefits. Medical discharges can include honorable discharges, general discharges, other than honorable discharges, or other discharge statuses. Veterans who receive honorable or general medical discharges are typically entitled to VA disability benefits, as well as certain other benefits. The specific circumstances surrounding a veteran's separation from service may affect the types of benefits they can receive.

Upgrading Discharge Status

If a veteran believes that their current discharge status does not accurately reflect their service record, or if they want to improve their eligibility for VA benefits, there are options available to upgrade their discharge status through various processes:

• Veterans who received an OTH, bad conduct, or dishonorable discharge may request a review of their discharge through a Discharge Review Board (DRB). Each branch of the military's DRB has the authority to change the characterization of a veteran's discharge if there is evidence that it was improper or inequitable. It is important to note that upgrading discharges through this process usually requires strong supporting evidence.
• Boards for Correction of Military Records (BCMR) operated by each branch of the military provide veterans with an avenue to correct military records based on errors or injustices. Veterans can submit applications to the appropriate BCMR requesting changes such as upgrading their discharge status. This process allows veterans to present evidence and arguments supporting their case for an upgraded discharge.

Seeking Legal Assistance

Upgrading a military discharge status can be complex and time-consuming. It often involves gathering substantial evidence, preparing persuasive arguments, and navigating bureaucratic processes. Therefore, it is highly recommended that veterans seeking upgrades consult with an experienced attorney who understands the applicable laws and the procedures followed in these cases.

Contact Our Missouri Military Discharge Upgrade Lawyer

If you are a veteran seeking assistance with upgrading your discharge status, or if you need assistance applying for VA benefits based on your current status or appealing unfavorable decisions by the VA, contact The Vet Law Office at 1-800-700-4174. Our attorney has extensive experience helping veterans navigate the complexities of military law and securing the benefits they deserve. Schedule a consultation today to learn how we can help you.