Can Veterans Get VA Benefits with an Other-Than-Honorable Discharge?
Many veterans that receive an administrative or punitive discharge have questions about how their discharge affects their VA benefits. It is a common question we hear at VA Benefits Attorneys, and one that we are happy to help answer. When veterans ask — can I get VA benefits with an Other-Than-Honorable (OTH) Discharge — the short answer is yes. The type of discharge you receive as a veteran will impact the benefits you are eligible to receive from the U.S. Department of Veterans Affairs (VA).
How Does Your Discharge Status Affect Your VA Benefits?
When veterans are on active or reserve duty, their discharge status may be an afterthought, but when veterans are pursuing disability or other benefits, it becomes more important. Your discharge status as a veteran may exclude you from receiving select benefits based on the circumstances of your discharge.
Veteran discharges are divided into two primary categories — Administrative and Punitive — and each impacts veteran benefits differently. Types of discharges that are considered administrative include General (Under Honorable Conditions) and Other-Than-Honorable. Discharges that fall under the punitive category include a Bad Conduct Discharge, a Dishonorable Discharge, and Dismissal.
General Discharge
A General Discharge is an administrative discharge that allows veterans to remain eligible for most Department of Veterans Affairs benefits. With a general discharge, veterans will still have access to VA-provided healthcare, VA disability compensation and pay, VA Home Loans, and burial benefits. The exception to the rule is access to the Post-9/11 GI Bill — but veterans may still be eligible for the Montgomery GI Bill.
Other-Than-Honorable Discharge
An Other-Than-Honorable Discharge requires a Character of Discharge review to establish that the discharge was under honorable conditions and the primary reason for the discharge. This review allows the Department of Veterans Affairs to determine if the veteran’s discharge was acceptable for benefits. When veterans receive an OTH discharge they remain eligible for emergency medical care, counseling at a Vet Center, and other benefits. Benefits that veterans may not be eligible for include the Post-9/11 GI Bill, VA Home Loans, and pensions. Veterans can appeal their access to benefits via the Character of Discharge review or by applying for a discharge upgrade with the help of a veteran benefits attorney.
Bad Conduct Discharge
Veterans with a Bad Conduct Discharge — or the Big Chicken Dinner — may still be eligible for select benefits that depend on whether or not the discharge was ordered by a Special Court-Martial or General Court-Martial. Veterans that receive a bad conduct discharge due to a Special Court-Martial will undergo a Character of Service review like an Other-Than-Honorable discharge to determine eligibility for benefits. A General Court-Martial that results in a bad conduct discharge acts as a statutory bar that prevents access to all VA benefits.
Dishonorable Discharge or Dismissal
A Dishonorable Discharge works as an automatic and permanent bar to standard VA benefits that include disability compensation, the Post-9/11 GI Bill, and VA Home Loans. A Dismissal is the officer equivalent of a dishonorable discharge. The only rare exception to the rule for a dishonorable discharge or a dismissal is a formal and legal ruling of insanity at the time of discharge.
READ MORE: Which Appeal is Right for Your Denied Claim?
Veterans who have received an Other-Than-Honorable Discharge or other type of discharge may have questions about their access to VA benefits and compensation. They may want to know — can you receive VA benefits with an Other-Than-Honorable Discharge? We have the answers to your questions at VA Benefits Attorneys.
