Indiana Military Discharge Lawyer

Military Discharge Lawyer Committed To Serving Veterans In Indiana

When a veteran is discharged from military service, they may sometimes struggle to return to civilian life, especially if they have injuries or medical conditions that limit their ability to maintain employment or affect other areas of their lives. While veterans will often qualify for benefits through the Department of Veterans Affairs (VA), their military discharge status may affect the benefits they can receive.

Determining how to address issues related to discharge status can be difficult. Addressing these concerns through the VA and other departments of the military and the federal government can be a complex process. In these situations, veterans can make sure their rights will be protected by working with an experienced attorney who understands veterans' law. At The Vet Law Office, we provide legal help to veterans, advocating on their behalf to address issues that affect the benefits they can receive through the VA.

The Challenges of Medical Discharges

When a member of the military receives a medical discharge, it means their services is being terminated due to physical or mental health issues that make them unfit for duty. While this decision is usually made with the veteran's best interests in mind, it can create challenges as they transition back into civilian life.

One of the primary concerns for veterans with medical discharges is their eligibility for VA benefits. Veterans who have been medically discharged may be able to receive medical treatment through the VA, and they may also qualify for disability benefits if their service-connected health issues have limited their ability to work. A case may need to be reviewed by the Medical Evaluation Board, and a physical evaluation may also need to be performed to determine the extent of the veteran's disabilities. A disability rating will be assigned that will be used to determine the amount of monthly compensation the veteran will receive.

Other Types of Military Discharges

Military discharges fall into several categories based on the circumstances surrounding a person's separation from service:

1. Honorable Discharge: This status typically indicates satisfactory performance during military service. Veterans with an honorable discharge are generally entitled to all VA benefits.
2. General Discharge Under Honorable Conditions: This status signifies that a person's overall conduct was considered acceptable, although their record may indicate certain performance issues or minor incidents of misconduct during their service. Veterans with this type of discharge are usually eligible for most VA benefits.
3. Other Than Honorable (OTH) Discharge: This status may apply if a service member's conduct falls below the standard expected by the military. Veterans with an OTH discharge may face limitations on their eligibility for VA benefits.
4. Bad Conduct Discharge (BCD): This type of less-than-honorable discharge is typically issued as a result of a court-martial conviction involving serious violations or offenses. Veterans with a BCD are generally ineligible for most VA benefits.
5. Dishonorable Discharge: This is the most severe form of military discharge, and it is usually issued if a service member has been convicted of serious crimes or has been accused of desertion. Veterans with dishonorable discharges are generally not eligible for any VA benefits aside from emergency medical treatment.

Pursuing Upgrades to Discharge Status

Veterans who receive less than honorable discharges, such as OTH discharges or BCDs, may have options to pursue upgrades to their discharge status. These upgrades can help ensure that they will be eligible for VA benefits and other services available to veterans.

A veteran will need to apply for a discharge upgrade with the appropriate branch of service's Board for Correction of Military Records (BCMR) or Discharge Review Board (DRB). These boards may review cases and make changes based on evidence presented by the veteran and their legal representation. In some cases, correcting military records may allow for an upgrade to a veteran's discharge status.

At The Vet Law Office, our attorney can provide valuable guidance throughout each step of the process of seeking discharge status upgrades, including:

• Evaluating eligibility: We will assess whether there are grounds for pursuing an upgrade based on factors such as errors in procedures, new evidence that was not considered during initial proceedings, or mitigating circumstances surrounding misconduct.
• Gathering evidence: We will work to gather documents and records that support a discharge status upgrade. These may include medical records, character references, and testimonials that can strengthen a veteran's case for an upgrade.
• Preparing the application: We will assist in preparing a comprehensive application that presents a compelling argument for why an upgrade is warranted. This includes drafting persuasive legal arguments and ensuring all necessary paperwork is completed accurately.
• Representation during hearings: If a hearing is granted by the BCMR or DRB, our attorney can provide representation to present the veteran's case effectively and advocate for their interests.

Contact Our Indiana Military Discharge Status Attorney

If you have received a less than honorable discharge or a medical discharge from the military, and the benefits you qualify for through the VA have been affected, The Vet Law Office can help address this issue. Attorney Edward Farmer understands how to address complex legal concerns related to military discharges, and he has represented many veterans who are seeking VA disability benefits and other types of benefits. Contact us at 1-800-700-4174 to arrange a free consultation and learn more about how we can assist with these concerns.