Receiving less than an Honorable discharge may jeopardize a veteran’s eligibility for various benefits, including VA disability benefits. However, can a veteran secure disability benefits if they obtain a discharge upgrade? Obtaining VA benefits may become possible by improving the characterization of one’s military discharge.
Understanding Discharge Characterizations
When a service member leaves the military, the armed forces will assign a characterization to their discharge, which reflects the quality of their service and the conditions under which they left the military. Discharge characterizations include:
- Honorable – The best characterization, given for successful completion of duty with high-quality performance
- General (Under Honorable Conditions) – Given for satisfactory performance that falls below the highest standards, such as when a service member has incidents of minor misconduct
- Other Than Honorable – Given to service members discharged for serious misconduct or security violations.
- Bad Conduct – Given to enlisted personnel as part of a punishment in a special or general court-martial
- Dishonorable – The worst characterization, usually given to service members who commit the most serious offenses, such as desertion or homicide.
A service member’s discharge characterization will determine whether they qualify for various government benefits afforded to veterans, such as VA disability benefits. In most cases, a veteran must receive an honorable or general discharge to qualify for VA disability benefits.
How the VA Determines Eligibility
When the VA assesses a veteran’s eligibility for disability benefits, it may conduct an administrative review to determine if a veteran with an Other Than Honorable discharge can still qualify for VA benefits. The VA will review the length and quality of a veteran’s service, the nature of the misconduct that resulted in their Other Than Honorable discharge, and whether the veteran had mitigating factors that may have caused or contributed to their Other Than Honorable discharge, such as traumatic brain injuries, post-traumatic stress disorder, or military sexual trauma. Certain offenses, such as desertion, mutiny, spying, treason, and serious felony offenses, can disqualify a veteran from eligibility.
What Is a Discharge Upgrade?
A veteran who receives a General or Other Than Honorable discharge can apply for a discharge upgrade to improve the characterization of their discharge. Each service branch has a Discharge Review Board (which reviews cases with 15 years of discharge) or Board of Correction of Military Records (for older cases or applications to upgrade to an Honorable discharge). A veteran may argue for a discharge upgrade based on claims of injustice, errors made during the initial discharge characterization, or mitigating factors like mental health issues, PTSD, or military sexual trauma. The military may also grant discharge upgrades to service members discharged under the “Don’t Ask, Don’t Tell” policy.
Can You Get VA Disability Benefits After a Discharge Upgrade?
When a veteran secures an upgrade to a General or Honorable discharge, they may become eligible for VA disability compensation and healthcare. Under certain circumstances, a veteran may also qualify for back pay of VA disability benefits if they had a prior disability benefits application denied due to their prior discharge characterization, including when a veteran appeals a denied application.
Special Considerations for PTSD and Mental Health Conditions
The military and the VA give special consideration to mitigating factors like PTSD or other mental health conditions when considering discharge upgrades or VA disability benefits eligibility, as some service members’ Other Than Honorable discharges may have stemmed from mental health issues that a service member had during their service. As a result, veterans can benefit from having medical and mental health treatment records to document the existence of mental health issues during service and establish a nexus between those issues and the circumstances leading to an Other Than Honorable discharge.
Contact Our VA Disability Attorneys Today
After you’ve secured an upgrade of your discharge characterization, you may qualify for VA disability benefits for a service-connected health condition. Contact Veterans Law Attorneys today for a free, no-obligation consultation with a VA disability benefits attorney to learn more about your eligibility for VA disability benefits after obtaining an upgrade to your discharge characterization.
