You served in the military. You suffered an injury or developed a disability while on active duty. You were denied veterans’ disability benefits when you returned home. Could your denial have something to do with the type of discharge you received?
Let’s take a closer look at the type of discharges that exist and how they can affect your disability claim – as well as other aspects of your life:
- Honorable discharge. Service members who meet or exceed the standards of military service receive an honorable discharge and are eligible for all services and benefits offered to veterans.
- General discharge. This type of discharge is given to those who showed satisfactory all around service but also had issues when it came to duty or performance. Those with a general discharge are still eligible for almost all services and benefits granted to veterans, including veterans’ disability benefits.
- Other than honorable discharge. This grey area between honorable and dishonorable discharge is also a grey area when it comes to VA disability benefit claims. If you have been denied benefits because of an OTH discharge, you may wish to appeal your case with the assistance of an attorney.
- Bad conduct discharge. This discharge, which is one step up from a dishonorable discharge, may still allow you to qualify for veterans’ disability compensation.
- Dishonorable discharge. Those who have been dishonorably discharged are not eligible for veterans’ disability benefits. However, you may be able to appeal your dishonorable discharge even years after the fact and get an OTH discharge or general discharge.
Are you worried that your type of discharge will affect your VA disability claim, or do you have another questions about why your veterans’ disability benefits were denied? Speak to a Dallas disability attorney at Morgan & Weisbrod today.
by Paul B. Burkhalter Managing Partner of Morgan & Weisbrod, Board Certified in Social Security Disability Law.