When a service member leaves the military having rendered less than exemplary service, the military may characterize their discharge as less than an honorable discharge. However, can you still qualify for VA disability benefits even though you did not receive an honorable discharge? As a veteran with a service-connected condition, you deserve to know your options for obtaining VA benefits even if you left the military without an honorable discharge.
Veteran Law Attorneys
Types of Military Discharges
The armed forces have several characterizations for a service member’s discharge, which reflect the quality of their service and the circumstances under which they leave the military. These characterizations include:
- Honorable Discharge: The highest classification for service members who provided exemplary service to the military.
- General Discharge (Under Honorable Conditions): Given to service members who rendered satisfactory service but failed to complete their service contracts, had minor infractions during their time in the military, or left the military due to a lack of physical readiness.
- Other Than Honorable (OTH) Discharge: Given for serious misconduct, safety issues, or security violations.
- Bad Conduct Discharge: A punitive discharge given as a punishment in a court-martial for many serious military offenses.
- Dishonorable Discharge: Imposed as a punishment by a court-martial for the most severe offenses that would constitute felony crimes in the civilian criminal justice system or for military offenses like desertion or mutiny.
Veterans with honorable discharges have access to the full range of VA benefits. However, a veteran’s access to benefits decreases as the classification of their discharge becomes less favorable.
Yes—the VA Can Grant Benefits to Veterans Who Were Not Honorably Discharged
Even when a veteran did not receive an honorable discharge upon leaving the military, they may still qualify for VA disability benefits. When a veteran who does not have an honorable discharge applies for VA disability benefits, the VA automatically conducts a “character of discharge” review to determine whether the veteran rendered service that qualifies as “honorable for VA” purposes. The review may allow a veteran with a less-than-honorable discharge to access disability benefits. However, federal law may presumptively or automatically prohibit a veteran from accessing VA benefits if they committed certain offenses in the military, such as violent criminal offenses, desertion, espionage, or treason.
Circumstances That May Affect a Veteran’s Eligibility for VA Disability Benefits
The VA may find that a veteran rendered service “honorable” for VA purposes under certain circumstances, such as:
- The veteran rendered exemplary service before the incident that resulted in their discharge characterization
- The discharge characterization resulted from a minor or isolated incident
- The conduct leading to the discharge characterization resulted from mental health issues, traumatic brain injuries, or military sexual trauma
- The military discharged the veteran due to their sexual orientation or gender identity, including under the “Don’t Ask, Don’t Tell” policy
Other Options for Veterans with Disqualifying Discharge Characterizations
A veteran with a less-than-honorable discharge may also pursue VA disability benefits by requesting an upgrade of their discharge characterization from their service branch. Veterans discharged within the past 15 years can apply to their service branch’s Discharge Review Board, while veterans with older or complex cases may need to apply to the branch’s Board for Correction of Military Records.
Contact our VA Disability Benefits Attorneys Today to Understand Your Options If You Did Not Receive an Honorable Discharge
When you left the military with a less-than-honorable discharge, you may worry whether you can still qualify for disability benefits for a service-connected impairment. Contact Kinman Law Offices today for a free initial case evaluation with our VA disability lawyers to learn more about the avenues you may have to secure VA disability benefits despite not receiving an honorable discharge upon your departure from the armed forces.
