There are a few rare exceptions to the usual rule that veterans can only claim VA benefits for disability if their discharges were “other than dishonorable.” If the veteran was ruled insane during the period of misconduct that led to a dishonorable discharge, the VA may waive the discharge requirement and decide to grant benefits to the veteran.
Of course, the diagnosis of insanity is a serious affair. The VA has a fairly strict definition of insanity, relating to behavior that sharply deviates from a healthy individual’s usual character due to a mental disease. If you think that an illness or mental break may have led to the behavior resulting in your dishonorable discharge, consult a qualified veterans disability attorney about appealing for veterans benefits.
What Are the Steps to Make a Claim for VA Benefits Using the Insanity Exception?
In order to successfully argue that the insanity exception applies to your VA benefits, these are the general steps to follow:
- Make sure you meet the basic eligibility requirements for VA benefits.
- You will need obtain medical evidence that you were insane, as defined by the VA.
- Make sure all VA forms are completed and submitted. VA Form 21-526EZ, for instance, is commonly used when claiming disability compensation.
The VA does not require that the misconduct and the insanity be causally connected, so it will be enough simply to prove that mental disease-induced insanity was present at the time of your misconduct. Unlike in civilian law courts, the VA does not require any evidence that the veteran claiming the insanity exception knew right from wrong or understood the consequence of his or her actions.
If you strongly feel that the action leading to your dishonorable discharge could have been caused by a state of mind considered “insanity,” don’t hesitate to make your case. But attaining VA benefits under this exception can be complicated, so hire a competent veterans disability attorney to consult with you and your medical provider before embarking on an application.
For a free legal consultation, call 800-562-9830
We are Here to Help
If you feel that you need help navigating the complexities of the veterans claims process, seek the guidance of an experienced disability attorney who can help you put together a successful case. If you need help with your claim, contact Marc Whitehead, an experienced Texas disability attorney handling cases for veterans nationwide.
Call or text 800-562-9830 or complete a Free Case Evaluation form
