The VA claims process for determining benefit eligibility, already quite complex, becomes even more complicated when a veterans has multiple periods of active service. Specifically, this becomes an issue when an individual received different discharges for his or her multiple service periods.
Of course, if a veteran was discharged for anything along the lines of mutiny, treason, or sedition, he or she is not going to receive benefits. But very few veterans are contending with disqualifying discharges for these reasons. What are they supposed to do?
The first step in the process should be to hire a qualified VA disability attorney. Arguing to receive veterans benefits with a disqualifying discharge on your record can be difficult, so it’s best to have competent help on your side.
What Are the Criteria for Overlooking a Disqualifying Discharge?
Generally speaking, veterans who were eligible to receive benefits for a previous period of service will not lose their benefits if a subsequent period of service resulted in a disqualifying discharge. A good VA disability attorney can help you successfully argue these cases to the VA Board.
For a free legal consultation, call 800-562-9830
The VA also has a provision under which back-to-back periods of service can be combined to result in a commitment eligible for a qualifying discharge. This usually only applies when the first period ended early with an honorable discharge, and the second period ended in a dishonorable discharge but after enough satisfactory time that, when combined with the length of the first enlistment, the total satisfactory service is greater than or equal to the initial service commitment.
Consulting with an expert will be key to successfully making VA claims under this provision.
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