Veterans' Benefits Articles

Article / Updated 10-23-2023

Veterans are often surprised at the number and types of benefits that are available. If you're just getting started in applying for veterans benefits, there are some basic things you should know. Nobody is going to hand you your benefits Unfortunately, that would be too easy. Instead, you have to know what benefits there are, you must find out what the eligibility criteria is to receive a particular benefit, you need to know which government agency is in charge of that benefit, and then you have to ask for the benefit. The definition of veteran varies when it comes to veteran benefits You would think, by now, that our government would agree on who is entitled to call themselves a veteran. You’d think so, but you’d be wrong. Unfortunately, there’s no single legal definition for the term veteran when it comes to veterans benefits. Because different benefits were enacted into law at different times by different Congresses, each benefit has varying qualification criteria. You can qualify for some benefits with just one day of military service. Other benefits require you to serve a minimum amount of time. Still others require that you meet certain conditions, such as having a disability resulting from military service. The government doesn't know if you're a veteran or not You’d also think that the government would have some kind of massive computer system that would have all the details about your service in the United States military. You would think Uncle Sam would know when you served, where you served, how long you served, what medals you may have earned, and what kind of discharge you received. Once again, you’d be wrong. You must prove you deserve veteran benefits Maybe in the future, but right now if you want a particular benefit, it’s up to you to prove your status as a veteran. You do this by providing copies of your military discharge paperwork. You might not need an honorable discharge to get veteran benefits You may be one of those who think that you need an honorable discharge to qualify for a veterans benefit. Many veterans believe that. The truth is, some benefits require an honorable discharge, but there are many benefits you can receive with a general or other than honorable discharge as well. "No" to veterans benefits doesn't always mean no You may ask for a benefit and be told no. You may be told that you’re not eligible for the benefit because of this or that, even though you believe that you meet the eligibility criteria. Maybe you asked for a benefit years ago, only to be told you don’t qualify, so you gave up. Maybe you were told no, and you don’t even know why. The Department of Veterans Affairs (VA) has developed a bad habit over the years of phrasing its rejection letters in such a way that even legal eagles couldn’t understand them. Fortunately, the agency isn’t allowed to do that anymore. A brand-new law (passed in September 2008 by your friendly neighborhood Congress critters) now requires the VA to use plain, simple, everyday language when it rejects a benefit claim. Wow! What a great idea! Why didn't anyone think of this before? Submit the right paperwork for your veterans benefit Even if the VA says no in simple, plain, everyday language, it doesn’t mean that it’s right. Most of the time when the VA rejects a claim, it’s because you didn’t provide the correct paperwork — what the VA calls supporting evidence. You can ask the VA to take another look at your case, and if it still says no (stubborn little rascal, isn’t it?), you can appeal the decision. There’s even a federal court that does nothing else but hears appeals for veterans benefit claims. Well-known veteran benefits You may be surprised to find out how many goodies are available to veterans and their family members. Some of these benefits are well-known, such as medical care and disability compensation. Other ell known goodies include free or low-cost medical care, cash payments directly from Uncle Sam, and plans designed to help you get a college degree or vocational training, Not-so-famous veterans benefits You may have never heard of other veteran benefits, ranging from loans to open a small business to free headstones when you finally move on to that big battlefield in the sky. In addition, you might not know there are programs that assist you in finding and getting your dream job, programs that help you buy a house or find a place to live in your golden years, shopping and travel perks, memorial and burial benefits, and services and programs available to surviving family members.

Cheat Sheet / Updated 10-14-2022

Veterans are entitled to a wide range of benefits, but unfortunately most veterans benefits aren’t well publicized. Sometimes they’re hidden in long, confusing pieces of legislation, and other times, they’re buried among broken links on half-dead government websites. Fortunately, this Cheat Sheet is here to help.

Article / Updated 07-06-2021

Military travel is a top benefit for veterans. Many veterans and their family members can travel for free on military aircraft by using the space-available travel program, often referred to as space A. Although this is a valuable benefit, space-A travel can often be frustrating, unless you follow these tips. Departure terminal choices for veterans Generally speaking, military air terminals on the West Coast have more scheduled flights to Pacific locations, such as Japan, Hawaii, Alaska, Korea, Australia, and Guam, while terminals on the East Coast have the most flights to Europe and the Middle East. You need to plan your travel itinerary accordingly. Also keep in mind that military terminals located in commercial airports are mostly contract flights, and the military generally fills those with space-required passengers. You have a much better chance of “catching a hop” from a terminal located on a military base than from a terminal located in a commercial airport. Time your veteran travel wisely If possible, travel during off-peak space-A travel periods. Historically, February through March and October through November are low travel periods, and your chances to get out quickly on a space-A hop are much greater. (Peak periods are the summer months when school is out and during the Christmas holiday season.) Sign up for veteran travel from home Don’t waste your time standing in line at the terminal to sign up for a space-A flight. Most terminals now allow remote signup, which allows you to put your name on the space-A waiting list via fax, and sometimes even by e-mail. The advantage of this system is that your name stays on the waiting list for up to 60 days, getting closer and closer to the top every day. Consider signing up for a space-A flight three to four weeks before your desired date of travel. You can call the terminal at any time to find out where you stand on the waiting list. Keep your veteran travel plans flexible When you want to travel around the world, you can often get where you want to go by any number and combination of routes and stops. You may feel like you’re playing a game of connect the dots, but with a little patience and flexibility, you will reach your destination. For example, if you want to get to Japan, consider listing Korea as one of your destination choices. You can then sign up for a flight to Japan at the military air terminal in Korea. Both Osan and Kunsan air bases in Korea generally have several flights per week to Japan. Double-check your veteran travel documents Although active-duty military members can travel to most countries by using their military ID card and leave (vacation) orders, family members and veterans usually need a valid passport. Some countries require a visa or may require that certain vaccinations be current. Use the State Department’s website to check for required travel documents. Nothing is more frustrating than arriving at the military flight terminal, having your name called for a space-A flight, and then discovering that you can’t board because you don’t have the right travel documents. Veterans should pack lightly for travel As a space-A traveler, you can check two pieces of luggage, weighing up to 70 pounds each, per person. Family members traveling together can pool their baggage allowance as long as the total doesn’t exceed the total allowance. Still, take only what is essential for your trip because you can’t check your bags until your name is called for your flight. Although some terminals have baggage lockers, many don’t. So chances are good you and your bags will be stuck waiting overnight somewhere. So take only what you truly need. Arrive for veteran travel ready to go Call the terminal to find out when the space-A showtime is for your flight. Don’t confuse showtime with departure time. The space-A showtime is the listed time that they plan to select passengers from the space-A list. If you’re not there to accept when your name is called, they move on to the next person on the list, and you miss your chance for that flight. Arrive at least one hour before the scheduled showtime. Sometimes they call for space A earlier than scheduled. Also, when your name is called, sometimes it’s only minutes until you go through security for boarding, so be all set and ready to go. Be financially prepared for veteran travel Remember, you may not travel on the same day you arrive at the terminal. You need to have funds available to stay overnight, or possibly for several days because most military terminals close at night. Sometimes veterans can stay at an on-base lodging facility for a relatively inexpensive fee. But you can’t count on these being available, so you may need to seek commercial lodging off-base. Additionally, if you have to return home before a certain date, remember that your return travel is also space available. If you can’t get a return space-A flight that fits your schedule, you need to be prepared to purchase a commercial airline ticket. Purchase an in-flight meal with veteran travel Meals on most commercial airlines leave much to be desired these days, but thankfully that can't be said about the in-flight meals available for a nominal fee on military aircraft. Often called “boxed lunches” or “boxed meals,” these munchies are very good. Options include a healthy-heart menu, breakfast menu, snacks, and a sandwich meal. You can also bring your own food and drinks aboard. Sorry, alcoholic beverages aren’t allowed. With veteran travel, sign up immediately for a return flight As soon as you get to your destination, take a few moments before you leave the terminal and sign up for your return flight. Your name remains on the waiting list for 60 days, which means that while you’re out and about taking in the sights and eating too much rich food, you’re getting closer and closer to the top of the list for your return flight. It’s often more difficult for veterans and family members to return to the United States than to depart from it. That’s because those traveling on passports must enter the States through designated customs and immigration points, whereas active-duty members can enter the United States at virtually any military terminal.

Article / Updated 07-02-2021

Tricare is a health insurance program available to veterans, and it comes in four varieties: Tricare Prime, Tricare Extra, Tricare Standard, and Tricare for Life. Tricare, the military's health insurance plan, actually covers everyone — active-duty members, retirees, and their families. Check your eligibility for veterans health insurance (Tricare) You’re eligible for Tricare benefits if you: Are a retired active-duty member. Are retired from the reserves or National Guard and are age 60 or older. Served in the military (for any length of time) and were awarded the Medal of Honor. Are the spouse or child of an eligible veteran, including: Unmarried children under the age of 21 Children under the age of 23 attending college and whose parent(s) provide at least 50 percent support Severely disabled child whose condition existed prior to his 21st birthday, or between the ages of 21 and 23 while the child was enrolled in college A surviving spouse of a military member who died on active duty. These Tricare benefits expire three years after the death of the active-duty member. An ex-spouse of a military member or retiree, if — as of the date of the divorce — you were married to the member or veteran for at least 20 years, and your ex was in the military for at least 20 years of the marriage. An ex-spouse of a military member or retiree, if — as of the date of the divorce — you were married to the member or veteran for at least 20 years, and your ex was in the military for at least 15 years, but less than 20 years, of the marriage. These Tricare benefits expire one year after the date of the divorce. If you are a surviving spouse or a former spouse and you remarry, you lose your Tricare benefits. Unlike many veterans benefits, you do not regain Tricare if that subsequent marriage later ends. Enroll for veterans health insurance (Tricare) In addition to meeting the eligibility criteria for Tricare, veterans and family members need to ensure they are enrolled in the Defense Enrollment Eligibility Reporting System (DEERS). If you’re eligible for Tricare, you’re probably already enrolled in DEERS, but it doesn’t hurt to make sure the information is up to date. Mistakes or outdated information in the DEERS database can cause problems with Tricare claims. You can verify and update your DEERS information n several ways: In person: To add or remove family members, or to change your mailing address, phone number, or email address, visit a local ID card office. ID card offices are located on all military bases. By phone: Call the Defense Manpower Data Center Support Office at 800-538-9552 to update your mailing address, email address, and phone number. You can’t add or remove family members over the phone. By fax: Fax any mailing address, email address, or phone number changes to the Defense Manpower Data Center Support Office at 831-655-8317. To add or remove family members, you have to fax supporting documentation (marriage certificate, birth certificate, divorce decree, or death certificate). By mail: Mail changes to the Defense Manpower Data Center Support Office. You must also mail supporting documentation if you are adding or removing a family member. The address is Defense Manpower Data Center Support Office, Attn: COA, 400 Gigling Road, Seaside, CA 93955-6771. Online: Visit the DEERS website and follow the steps to update your mailing address, e-mail address, and phone numbers online. You can’t add or remove family members online.

Article / Updated 07-01-2021

Military medical retirement is intended to compensate for a military career cut short because of disability. Typically, a medical retirement is issued when a medical condition is severe enough to interfere with the proper performance of your military duties. Veterans Affairs (VA) disability compensation is intended to compensate for disabilities that interfere with civilian employment, and it is separate from medical military retirement pay. Military retirement medical evaluation boards When a military doctor determines that you have a medical condition that may interfere with the performance of your military duties, he refers the case to a Physical Evaluation Board (PEB). This medical board consists of active-duty physicians (not personally involved in your medical care) who review the clinical case file and decide whether you should be returned to duty or medically separated or retired using the published medical standards for continued military service. You can see a list of medical conditions that are generally considered incompatible with continued military service online here. The PEB’s recommendations are forwarded to a central medical board that uses four factors to determine whether your disposition is fit for duty, separation, permanent retirement, or temporary retirement. Whether you can perform your military job Your assigned disability rating The stability of your medical condition Years of active-duty service in the case of preexisting conditions You can appeal the central medical board’s decision, and you’re allowed to have legal counsel at these hearings. The military is required by law to rate your disability using the “Department of Veterans Affairs Schedule for Rating Disabilities.” However, DOD Instruction 1332.39 allows the military to modify the rating schedule, based on conditions that are unique to the military. Ratings can range from 0 to 100 percent, rising in increments of 10. Don’t confuse disability ratings granted by the military with disability ratings awarded by the VA. While both the DOD and the VA use the “Department of Veterans Affairs Schedule for Rating Disabilities,” not all the general policy provisions set forth in the rating schedule apply to the military. Consequently, disability ratings may vary between the two. The military rates only conditions determined to be physically unfitting, compensating for loss of a military career. The VA may rate any service-connected impairment, thus compensating for loss of civilian employability. Types of military medical retirement disposition Depending on several factors, the central medical board may order that you be returned to duty, medically separated without severance pay, medically separated with severance pay, permanently medically retired, or temporarily medically retired. Here’s the lowdown on each of these: Fit for duty: The board judges you to be fit for duty when you can reasonably perform the duties of rank and military job. If the board finds you to be medically unfit to perform the duties of your current military job, it can order medical retraining into a job you are medically qualified to perform. Separated without severance pay: Separation without severance benefits occurs if your medical condition existed prior to service, wasn’t permanently aggravated by military service, and you have less than eight years of active-duty service (or equivalent Guard/Reserve retirement points). It is also imposed if you suffered your disability while you were absent without leave (AWOL) or while engaged in an act of misconduct or willful negligence. Separated with severance pay: Medical separation with severance pay occurs if you’re found unfit for duty, have fewer than 20 years of service, and the board awards a disability rating of less than 30 percent. Disability severance pay equals 2 months of basic pay for each year of service not to exceed 12 years of service. You may also be eligible to apply for monthly disability compensation from the VA if it determines your disability is service connected. If you are approved for disability compensation from the VA, the law requires the VA to recoup your military severance pay before paying your disability compensation benefits. Permanent medical retirement: Permanent disability retirement occurs if you are found unfit, and your disability is determined permanent and stable and is rated at a minimum of 30 percent. You may also be eligible for VA disability compensation if the VA determines your medical condition constitutes a service-connected disability. You can also be medically retired if you have 20 or more years of military service, regardless of disability rating. For National Guard and Reserve members, this means at least 7,200 retirement points. Temporary medical retirement: Temporary medical retirement occurs if the board finds you are unfit and entitled to permanent medical retirement except that your disability is not stable for rating purposes. Stable for rating purposes refers to whether the condition will change within the next five years so as to warrant a different disability rating. When this happens, you are placed on the temporary disability retirement list (TDRL). When on the TDRL, you are subject to medical reevaluation every 18 months and limited to 5 years max on the TDRL. At the 5-year point, if not sooner during a reevaluation, you are removed from the TDRL and either found fit and returned to duty, or permanently medically retired. Military medical retirement pay compensation For permanent retirement or placement on the TDRL, your compensation is based on the higher of two computations: Your disability rating times your retired pay base, or Two and a half times your years of service times your retired pay base. Veterans on the TDRL receive no less than 50 percent of their retired pay base. The computation of your retired pay base depends on when you joined the military. If you joined prior to September 8, 1980, retired pay base is computed from your military basic pay at the time of medical retirement. For those who entered after September 7, 1980, it’s the average of the high 36 months of basic pay.

Article / Updated 07-01-2021

Each time Congress passes a new veterans benefit law, it establishes specific eligibility criteria for that benefit. For the purpose of benefits, being a veteran is not enough. Whether you qualify for benefits, or certain types of benefits, depends on several factors: Your length of service Where and when you served Your discharge characterization Veteran benefits and length of service Eligibility for most veterans benefits requires a minimum length of military service. Take a gander at this table. As you can see, to qualify for full Active-Duty GI Bill benefits, you have to serve for a minimum of 36 months. On the other hand, you could qualify for VA disability compensation or VA medical care with only one day of active duty. But don’t get too excited, because for disability or medical care, you have to meet a slew of other qualification requirements. Veterans Benefits Basic Eligibility Criteria Benefit Minimum Service Requirement Period of Service Discharge Characterization VA healthcare Any Any Honorable, general, or VA determination Military health insurance 20 years Any Honorable VA pension 90 days active duty Before Sept. 7, 1980 Honorable, general, or VA determination VA pension 2 years active duty On or after Sept. 7, 1980 Honorable, general, or VA determination VA disability compensation Any Any Honorable, general, or VA determination Military retirement 20 years Any Honorable Military life insurance programs Any Any Honorable, general, or VA determination Burial and memorial benefits Any Enlisted: Service on or before Sept. 7, 1980 Officers: Service on or before Oct. 16, 1981 Honorable, general, or VA determination Burial and memorial benefits 24 months continuous active duty Enlisted: Service after Sep. 7, 1980 Officers: Service after Oct. 16, 1981 Honorable, general, or VA determination Active-Duty GI Bill 36 months active duty Any Honorable Reserve GI Bill After initial training Any N/A 21st Century GI Bill 90 days continuous active duty or 6 months total active duty After Sept. 11, 2001 Honorable Vocational training for disabled veterans Any Any Honorable, general, or VA determination Veterans job preference 1 day Any Honorable, general, or VA determination Veterans small-business loans Any Any Honorable general, or VA determination VA Home Loan Program 90 days active duty Sept. 16, 1940, to July 25, 1947; or June 27, 1950, to Jan. 31, 1955; or Aug. 5, 1964, to May 7, 1975 Honorable, general, or VA determination VA Home Loan Program 181 days continuous active duty Enlisted: July 26, 1947, to June 26, 1950; or Feb. 1, 1955, to Aug. 4, 1964; or May 8, 1955, to Sep;. 7, 1980 Officers: May 8, 1975 to Oct. 16, 1981 Honorable, general, or VA determination VA Home Loan Program 24 months continuous active duty Enlisted: Sept. 7, 1980, to present Officers: Oct. 16, 1981, to present Honorable, general, or VA determination VA Home Loan Program 6 years Guard/Reserve service Any Honorable Homeless veterans programs Any Any Honorable, general, or VA determination Military retirement homes 20 years Any Honorable Military retirement homes (100% disabled) 1 day Any Honorable, general, or VA determination Military shopping benefits 20 years or 100% disabled Any Honorable Military travel benefits 20 years or 100% disabled Any Honorable Note: The table shows basic eligibility criteria only. Veterans benefits and where and when you served It seems that Congress just can’t make things simple. Just to complicate things, where and when you served in the military can have an impact on your eligibility for certain veterans benefits. Take another look back at the table. To qualify for the VA Home Loan Program, you need at least 90 days of active-duty service if you served during the Vietnam War. However, if your military service was during the Gulf War, you must have at least 24 months of continuous active-duty service to qualify. A member of the National Guard or Reserves must have at least six years of Guard/Reserve service to qualify (unless they otherwise qualify due to active-duty service). Veterans benefits and service discharges It's amazing how many people, including military people, think that there are only two types of military discharges (sometimes called characterizations): honorable and dishonorable. Didn’t anyone watch JAG on TV? Military discharges come in two basic flavors: Administrative: Administrative discharges are granted by the discharge authority, who is usually a high-ranking commanding officer. Punitive: Punitive discharges can be imposed only by a military court-martial. Both types come in various flavors as well, some of which affect your eligibility for veterans benefits. Basically, if you received a dishonorable discharge, a bad conduct discharge, or a dismissal from a general court-martial, you’re not entitled to veterans benefits. If you received an Other Than Honorable (OTH) administrative discharge, or a Bad Conduct Discharge (BCD), or dismissal imposed by a special court-martial, you may or may not be eligible for veterans benefits. If you received an honorable or general discharge, you’re eligible for most veterans benefits, assuming you meet the other qualifying factors for that benefit. A few benefits specifically require an honorable discharge.

Article / Updated 06-30-2021

Before you can claim any veterans benefit, you must prove your service eligibility. Some veterans benefits require active duty service, while other veterans benefits are not as strict in their requirements. In any case, you will need to prove your service and manner of discharge in order to apply for a particular benefit. This is accomplished by presenting an official copy of your DD Form 214/215, or NGB 22/22A. These forms are among the most important documents the military will ever give you. They are your key to participation in all VA programs as well as several state and federal veterans benefits programs. Veterans benefits service eligibility and DD Forms 214 and 215 DD Forms 214 and 215 are used for certification of military service for active-duty members and members of the Reserves. DD Form 214, Certificate of Release or Discharge, displays reserve and active-duty time, military job, awards, education, dates and places you entered and left the military, military assignments, and, at the bottom of the form, why you left the service and what your discharge characterization was. DD Form 215 is used to correct errors or make additions to a DD Form 214 after the original has been delivered. There are two versions of these forms: The deleted version: You can show this version to future civilian employers when you apply for a job. It excludes your discharge characterization and the reason for your discharge (on the assumption you may not want your future employer to know this information). The undeleted version: The undeleted version must be used when applying for VA benefits. It includes your discharge characterization and the reason for your discharge. You should receive a copy of both the deleted and undeleted versions of DD Form 214 when you process for separation from the military. However, the military being the military, this doesn’t always happen. If you didn’t receive a copy, or you lost it, you can request a replacement from the National Personnel Records Center in St. Louis, Missouri. Get replacement copies of your veterans benefits service eligibility The National Personnel Records Center maintains copies of all active-duty and reserve military records. You can request a copy of any portion of your military records, including your DD Form 214/215, by submitting a signed copy of SF Form 180, Request Pertaining to Military Records. You can download this form from the National Archives website. Mail the completed form to the National Personnel Records Center, Military Personnel Records, 9700 Page Ave., St. Louis, MO 63132-5100. You can now complete a records request online through eVetRecs. You must still print and sign a signature verification form (and mail or fax it), because federal law requires a signature on all records request. However, completing the application online can be easier and faster than completing SF Form 180. Veterans benefits service eligibility and NGB Forms 22 and 22A What DD Forms 214 and 215 are for active-duty and reserve service, NGB Forms 22 and 22A are for service in the Army and Air National Guard. Like its active-duty/reserve counterpart, NGB Form 22, Report of Separation and Military Service, includes information about your National Guard service time, military job, decorations, reason for discharge, and discharge characterization. NGB Form 22A is used to document changes to your military records after the fact. Because the National Guard belongs to the individual state, not to the federal government, there’s not a central repository for National Guard records. To obtain a copy of your NGB Form 22/22A, you have to contact the National Guard Adjutant General’s Office for the particular state in which you performed National Guard service. For contact information, visit the National Guard website. Military medical records and veterans benefits eligibility Anyone who has ever spent even one day in the military has a military medical record. The first entry in your medical record is the details of the physical examination you underwent as part of the process of joining the military. After that, every single time you received medical care from a military medical facility, the details were entered into your military medical record. The VA relies heavily on military medical records when making determinations as to whether you have a medical condition that was caused or aggravated by military service. You can request a copy of your military medical record by sending a written request to the National Personnel Records Center (see address above). If you plan to file a claim for medical benefits or disability compensation with the VA, you don’t need to request a copy of your military medical record. When you file a claim, the VA will request the record automatically as part of the claims process. Likewise, if you’ve ever filed a claim for disability benefits from the VA, it already has a copy of your medical records. You can request a copy from the VA regional office having jurisdiction over your claim.

Article / Updated 03-26-2016

If your claim for veterans benefits is denied, you can appeal to the VA regional office and even to the Board of Veterans Appeals (BVA) if needed. If the Board of Veterans Appeals denies your appeal, you’re not dead in the water yet. If you still believe that you’re entitled to the benefit(s) you claimed, you have three options: Ask the board to reconsider, ask the local VA regional office to reopen your appeal, or appeal the board’s decision to the U.S. Court of Appeals for Veterans Claims. Motion to reconsider your veterans benefits claim If you can demonstrate that the board made an obvious error of fact or law in its decision, you can file a written motion to reconsider your appeal. If you were represented at the time of the decision, you may want to consult with your representative for advice about whether you should file a motion (and for assistance in preparing one). There’s no specific VA form for this action. If you do file a motion to reconsider, it should be sent directly to the board, not to your local VA regional office. Send the motion to Board of Veterans Appeals (014), Department of Veterans Affairs, 810 Vermont Ave., NW, Washington, DC 20420. You should not submit a motion to reconsider simply because you disagree with the BVA’s decision. You need to show that the board made a mistake in fact or law and that the board’s decision would have been different if the mistake had not been made. Reopening an appeal to your veterans benefits claim You can request that your VA regional office reopen your appeal, but only if you can submit new and material evidence. To be considered new and material, the evidence you submit must be information related to your case that wasn’t included in the claims folder when your case was decided. For example, if your appeal was denied because the VA considers your discharge characterization to be under dishonorable conditions, and you then persuade the Discharge Review Board to change your discharge characterization or discharge reason, this would be an example of new and material evidence. If the VA regional office agrees to reopen your case, this starts the whole appeals process all over again. Appealing veterans benefits claims to the U.S. Court of Appeals Taking your appeal to the U.S. Court of Appeals for Veterans Claims is your final option. The court is an independent federal court that’s not part of the Department of Veterans Affairs. You may appeal to the court only if the BVA has denied some or all of your benefits. You may not appeal a BVA decision to remand your claim back to the VA regional office. Normally, to appeal a BVA decision, you must file the Notice of Appeal with the court within 120 days from the date the board’s decision is mailed. If you filed a motion to reconsider with the within the 120-day time frame and that motion was denied, you have an additional 120 days to file the Notice of Appeal with the court. This 120-day period begins on the date the BVA mails you a letter notifying you that it has denied your motion to reconsider. Filing your court appeal You must file your appeal by mail or by fax. The court doesn’t accept electronic submissions. Send your Notice of Appeal, including your name, address, phone number, and the date of the BVA decision, to Clerk of the Court, U.S. Court of Appeals for Veterans Claims, 625 Indiana Ave., NW, Washington, DC 20004, or fax it to 202-501-5848. Deciding whether or not to be your own lawyer Although you don’t have to have a lawyer to file an appeal, remember that this is a full-blown federal court, and it requires certain forms and has certain legal ways of doing things, just like any other court. Since the VA is going to have its lawyer there to argue its side of the case, if you decide to represent yourself, you’ll be at a distinct disadvantage. There is an old lawyers’ saying that a man who represents himself has a fool for a client. If you do decide to represent yourself, at the very least, take a thorough look at the court’s website. Finding representation The Court of Appeals for Veterans Claims isn’t a criminal court, so the court can’t appoint an attorney to represent you. However, the clerk of the court maintains a list of attorneys who have been admitted to practice before the court and have expressed an interest in representing veterans who want to appeal denied claims. Although most of these lawyers charge a fee to represent clients, some of them will collect a fee only if you win your case or will accept the case without charging a fee. In addition to the court’s list of attorneys, Congress, recognizing the difficulties veterans and their dependents face in proceeding in a court case without a lawyer, has funded the Veterans Consortium Pro Bono Program. This program is a private, nonprofit organization that helps find lawyers who will represent veterans before the court free of charge.

Article / Updated 03-26-2016

In order to apply for your veterans benefits, you must be able to prove your service eligibility and the nature of your discharge. The type of discharge you received when you left service may affect your eligibility for a particular veterans benefit, so it's important to understand the different types of discharges. Administrative discharges and your veterans benefits Most people who serve in the military receive an administrative discharge, of which there are four types: Honorable discharge: Most people receive an honorable discharge (HD) following their service in the military. An HD means your command felt that you generally met the standards of conduct and performance of duty during your time in the military. It’s also granted if your service was otherwise so meritorious that any other characterization would be clearly inappropriate. For example, if you received a military medal for valor or bravery on the battlefield, you would usually be given an HD, even if you were a bit of a troublemaker otherwise. General (under honorable conditions) discharge: Usually simply referred to as a “general discharge,” or GD, this type of discharge is granted if your commander determines that your service has been honest and faithful, even if you got into a bit of trouble here and there. If you were discharged for reasons such as failure to progress in training; failure to maintain military standards, such as dress, appearance, weight, or fitness; or minor disciplinary infractions, you may have received this discharge characterization. Other than honorable discharge: This is the worst type of administrative discharge you can receive. Other than honorable (OTH) discharges are warranted when the reason for discharge is based upon a pattern of behavior that constitutes a significant departure from the conduct expected of members of the military services. Examples of factors that may be considered include an act of serious misconduct, abuse of authority, fraternization, or a pattern of continued misconduct. Individuals who receive court-martial convictions that don’t include punitive discharges are often given this discharge characterization. Entry-level separation: This type of discharge isn’t actually a characterization. In fact, an entry-level separation (ELS) has no characterization at all. It’s not honorable, it’s not general, and it’s not other than honorable. Commanders may grant an ELS only for members who have been in the military for less than 180 days. It’s the commander’s way of saying, “Look, we tried you out, and you didn’t make it. However, I don’t know you well enough to fairly judge you.” If you were discharged with less than 180 days of service, don’t assume you received an ELS. Commanders may elect this option only if they feel it’s the most appropriate. If you punched out your drill instructor after only five days in basic training, it’s doubtful you received an ELS. Punitive discharges and your veterans benefits Only special and general courts-martial have the authority to impose a punitive discharge. Summary courts can’t impose discharges. However, if you’re convicted of an offense by any court-martial, and the court doesn’t (or can’t) impose a punitive discharge, your commanding officer can elect to initiate administrative discharge proceedings as a separate matter. There are three kinds of punitive discharges: Bad conduct discharge: A bad conduct discharge, or BCD, can be imposed by both special and general courts. However, it can only be given, as part of the court punishment, to enlisted members. Officers can’t receive a BCD. This discharge is usually given for convictions of such crimes as absent without leave, drunk on duty, driving while under the influence, adultery, bad checks, disorderly conduct, and so on. Dismissal: Dismissal from military service can only be imposed on officers. Special and general courts may impose this on officers when the maximum punishment listed in the Manual for Courts-Martial (MCM) includes a BCD (bad conduct discharge). Dismissal is the officer version of a BCD. Dishonorable discharge: A dishonorable discharge (DD) is the worst type of military discharge you can receive. It can be imposed only by a general courts-martial, and then only if the MCM (Manual for Courts-Martial) authorizes a DD for the offense you’ve been convicted of. In most cases, a DD is accompanied by a very long vacation in a military prison. How discharges affect eligibility for veterans benefits If you received an honorable or general discharge, you’re eligible for most veterans benefits, assuming you meet the other qualifying factors for that benefit. A few benefits, such as GI Bill education benefits, require an honorable discharge. If you received a dishonorable discharge, a bad conduct discharge, or a dismissal from a general court-martial, you’re not entitled to veterans benefits. If you received an OTH administrative discharge, or a BCD or dismissal imposed by a special court-martial, you may or may not be eligible for veterans benefits. In these cases, the Department of Veterans Affairs (VA) makes a determination as to whether your service was “other than honorable.” In making this determination, the VA is required by law to apply the standards set forth by Congress in Title 38, Section 3.12, of the Code of Federal Regulations (CFR). You can view the CFR online through the Federal Digital System. Generally, the VA evaluates your military service as “other than honorable” if You were discharged as a conscientious objector who refused to perform military duty, wear the uniform, or comply with lawful order of competent military authorities. You resigned as an officer for the “good of the service.” You accepted an OTH discharge rather than face a trial by general court-martial. You were discharged for desertion. The crime of desertion is defined as absent without leave (AWOL) with the intent to remain away permanently. You were discharged for AWOL in excess of 180 continuous days. You were discharged for the offense of mutiny or spying. You were discharged for an offense involving moral turpitude (or depravity). This includes, generally, conviction of a felony. You were discharged for willful and persistent misconduct. You were discharged for homosexual acts involving aggravating circumstances or other factors affecting the performance of duty. Examples include child molestation, homosexual prostitution, homosexual acts or conduct accompanied by assault or coercion, and homosexual acts or conduct taking place between service members of different ranks, or when a service member has taken advantage of his or her superior rank. You can have your military discharge characterization upgraded, or even have your reason for discharge changed. You may be eligible for VA medical care even if the VA determines that your discharge doesn’t qualify for benefits. To qualify, the VA must find that you have a medical condition that was caused or aggravated by your military service.

Article / Updated 03-26-2016

If your claim for veterans benefits is denied, you can appeal the decision. You can appeal other decisions regarding your veterans benefits as well. An appeal is a request for the Board of Veterans Appeals (BVA) to review the VA regional office’s decision made on your claim. The BVA is part of the Department of Veterans Affairs and is located in Washington, D.C. You may appeal any decision that you aren’t satisfied with. The vast majority of appeals (more than 90 percent) are made by veterans who are dissatisfied with their VA regional office’s decision concerning eligibility for disability compensation, disability ratings, or pension. The two most common reasons for appeal are The VA denied you benefits for a disability that you believe is service connected. You believe that your disability is more severe than the VA rated it. However, you can appeal for any reason. Well, not quite any reason. Under the law, decisions concerning the need for medical care or the type of medical treatment needed, such as a physician’s decision to prescribe (or not to prescribe) a particular drug or whether to order a specific type of treatment, can’t be appealed through the VA appeals process. You need to address such matters to the director of the VA medical center concerned. However, decisions concerning eligibility to enroll in the VA healthcare program can be appealed. Start the veterans benefits appeal process rolling You start the appeals process by submitting a Notice of Disagreement, often called an NOD, to the VA regional office that denied your claim. There’s no specific form used for an NOD. It’s simply a written statement from you to the VA regional office stating in simple, clear terms why you disagree with the decision. The NOD must be submitted within one year of the date the VA regional office mailed you its original decision denying your claim. Regional decisions on your veterans benefits appeal After the VA regional office receives your NOD, it will take another look at your case. It’s possible that it will agree with your argument in the NOD and approve your claim. If the folks at the regional office disagree, they’ll prepare a Statement of the Case (SOC). The SOC is the VA regional office’s way of telling you that the board isn’t reversing the original decision and why. The SOC will summarize the evidence and applicable laws and regulations, and include a detailed discussion of the reasons for the decision. The SOC will also explain that to continue with your appeal, you must submit a VA Form 9, Appeal to Board of Veterans’ Appeals. This form will be included in the mailing from the regional office with the SOC. Federal decisions on your veterans benefits appeal Up to this point, all decisions have been made by the VA regional office that serves your area. If you still disagree with them, it’s time to jack it up a notch and take your case to Washington, D.C., or more specifically, the Board of Veterans Appeals (BVA). At this point in the process, about 90 percent of all veterans decide to seek representation to help them through the appeals process and represent their case. About 85 percent of all veterans select a representative from a veterans service organization (VSO) or state veterans office, probably because they work for free. If you want someone to represent you on your appeal, you need to submit VA Form 21–22, Appointment of Veterans Service Organization as Claimant’s Representative, to authorize a VSO to represent you, or VA Form 21-22a, Appointment of Individual as Claimant’s Representative, to authorize an attorney to represent you. You begin your appeal to the BVA by completing VA Form 9, Appeal to Board of Veterans’ Appeals. You should have received a copy of this form with the Statement of the Case. When you fill out VA Form 9, you should state the benefit you want, any mistakes you find in the SOC, and whether you want a personal hearing. You send the completed Form 9 to the VA regional office that denied your claim. You must submit VA Form 9 within 60 days of when the VA regional office mailed the SOC or within one year of when the regional office notified you of the original denial of your claim, whichever date is later. If you fail to meet these deadlines, you may lose your right to appeal. If you submit new information or evidence with your VA Form 9, the VA regional office will again reconsider your case. It’s possible that the new evidence or information will cause it to reverse its decision and grant your claim. If not, it will prepare a Supplemental Statement of the Case, or SSOC. An SSOC is similar to the Statement of the Case, but it addresses the new information or evidence you submitted. If you aren’t satisfied with the SSOC, you have 60 days from the date when the SSOC is mailed to you to submit, in writing, what you disagree with. At any time during this process, you (or your representative, if you have one) can request a local office hearing. As its name implies, a local office hearing is a meeting held at the VA regional office between you and a hearing officer from the local office’s staff. To arrange a local office hearing, contact your local VA regional office or your appeal representative as early in the appeals process as possible. A face-to-face meeting probably won’t add weight to your claim, nor will it speed up the claims process, but it gives you the opportunity to ask questions. It’s often helpful in determining the strength of your claim and whether you need additional supporting documentation.