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Military & Veteran Lawyer > Blog > Military Disability Information > Claims for VA benefits and character of discharge

Claims for VA benefits and character of discharge

THIS INFORMATION SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. YOU SHOULD STRONGLY CONSIDER THE BENEFITS OF CONSULTING WITH A TRAINED LEGAL PROFESSIONAL

Basic eligibility for Department of Veterans Affairs (VA) benefits depends upon the type of military service performed, the duration of the service, and the character of discharge or separation.  VA looks at the “character of discharge” to determine whether a person meets the basic eligibility requirements for receipt of VA benefits under Title 38 of the United States Code.  Any discharge under honorable conditions satisfies the charge of discharge requirement for basic eligibility of VA benefits.  Certain types of discharges, along with circumstances surrounding those discharges, bar an individual from basic eligibility for VA benefits.  Other types of discharges require VA to make a character discharge determination in order to assess basic eligibility for VA benefits.

If you or a Service Member you know is barred from VA benefits due to the character of their discharge it is possible to seek a discharge upgrade.  Contact an attorney at Strazza and Roughneen today to discuss options available.

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