Legal Question in Military Law in New York
Uncharacterized Discharge
I have a client that is filing for a claim to obtain VA benefits, but he tells me that he left the service with an ''Uncharacterized Discharge''. What, if any, benefits can he obtain with this classification?
1 Answer from Attorneys
Re: Uncharacterized Discharge
It depends on what and why he is seeking VA benefits. GENERALLY, an uncharacterized discharge does not qualify one for any VA benefits. But, if it is for an injury/illness incurred while on ACTIVE DUTY, then there SHOULD be an entitlement to VA benefits. But, it may not be easy as the individual then should not have received an Entry Level [uncharacterized] discharge - s/he should have been medically discharged, but some of the Services, ignore that requirement because (a) it takes a long time to medically discharge someone; and (b) they've got to keep paying the person until they are discharged. If there is a problem in this regard, then the next step is to seek a Correction on the Discharge via the Service Board for Correction of Military Records - something that I handle regularly.
Email me directly if I can be of any further assistance.
Don Rehkopf
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