Obtaining Benefits with a Character of Service Determination
May 05, 2022
Generally, service members and veterans with honorable and general discharges can access VA benefits. However, those with other characterizations such as, Other than Honorable (OTH), Undesirable, or Bad Conduct, often face challenges securing benefits. These types of discharges are known as “bad paper.” Many people receive incorrect information about VA benefits eligibility, and the misinformation can have lifelong consequences on a person’s livelihood.
Many people incorrectly believe that the only way to obtain “bad paper” benefits is through a discharge upgrade. However, in reality, many individuals can secure certain VA benefits with a “Character of Discharge” review. Claimants must establish that their service was not “Under Dishonorable conditions” to achieve benefits through this review. However, like many other processes through the VA, this is a complex undertaking, and favorable outcomes often come with the assistance of an experienced veteran’s attorney.
There are five primary factors to maximize securing a good Character of Discharge decision. However, each step presents unique burdens to claimants. The first steps require the claimant to apply for a benefit and include a letter explaining eligibility. An attorney can help draft a compelling letter that explains the bigger picture of a person’s service. Next, the claimant must speak the VA’s language. Specific language will help a reviewer understand how the claimant’s story fits the VA’s rules and exceptions. The claimant should also request a hearing that will allow them or their attorney to talk about their eligibility. Finally, arguably the most challenging phase of the process requires waiting.
There are unique situations that may impact how this process works. For example, re-enlistment, multiple service periods, the G.I. Bill, and Reserve and National Guard discharge have unique rules. Despite these rules, there are certain situations where the VA must provide services regardless of a person’s characterization. For instance, the VA offers therapy and medical care to certain combat veterans or those who experienced a sexual assault, regardless of discharge. However, some VA workers are unaware of the rules, and accessing services may require an attorney’s assistance.
Moreover, a veteran may consider pursuing a discharge upgrade in some instances. However, this can be a lengthy and daunting process. A veteran’s lawyer at Legal Help For Veterans, PLLC (800-693-4800) can assist service members in determining whether an upgrade is a viable option.
Do You Need an Attorney’s Assistance with Your Character of Service Determination?
The lawyers at Legal Help for Veterans, PLLC, have extensive experience successfully advocating on behalf of service members in their claims for the character of service determinations. Our dedicated veteran’s attorneys have nearly 30 years of combined experience representing service members in their claims before various Veterans Administration entities. In addition to the character of service determinations, the firm handles service-connected disability claims, pension applications, and other claims related to a veteran’s training or service. Claimants may be entitled to healthcare, monthly compensation, ongoing benefits, and backpay for injuries and losses. Contact our office at 800-693-4800 to schedule a free initial consultation with a dedicated veterans’ rights attorney on our legal team.