Character of Discharge Determinations
VA Disability Benefits with an Unfavorable Discharge
Dealing with a Negative Character of Discharge Determination?
The unique stressors of military service can have a harmful impact on service members, leading to circumstances that result in an unfavorable discharge. Unfavorable discharges — otherwise known as “less-than-honorable” discharges — can present barriers in veterans’ access to employment, housing, disability benefits, and more. For many, the stigma of an unfavorable military discharge casts a long shadow in a veteran’s civilian life. However, there are options to pursue if you feel that your discharge status unfairly reflects the circumstances of your military service.
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Overcoming an Unfavorable Military Discharge
When a veteran with an unfavorable discharge applies for disability benefits, VA will review the veteran’s service to determine whether there is a regulatory or statutory bar to benefits — which prevents the veteran from receiving VA disability compensation. This process results in a decision called a Character of Discharge (COD) Determination. In a COD decision, VA essentially determines, on a case-by-case basis, whether the veteran is eligible for benefits — before even reviewing the merit of the veteran’s disability claims.
Example of Negative Character of Discharge (COD) Determination.
If you are a veteran seeking VA disability benefits with an unfavorable discharge, contact us today! Our team has years of experience overcoming negative Character of Discharge Determinations, so that veterans can finally receive the VA benefits that they deserve.
How to Fight for VA Benefits with an Unfavorable Discharge
A negative Character of Discharge Determination does not mean the end of the road; a veteran can file an appeal to contest VA’s finding that they aren’t eligible for benefits. In fact, VA recently made it easier for even more veterans to qualify despite their unfavorable military discharge.
The key to a positive outcome in this process is whether there are any mitigating circumstances explaining the conduct that resulted in the unfavorable discharge. Under the latest regulations, VA must consider a multitude of factors, such as:
- Mental or cognitive impairment present during service
- Physical health, to include physical trauma or any side effects of medication
- Combat-related or overseas-related hardship
- Sexual abuse/assault
- Duress, coercion, or desperation
- Family obligations or comparable obligations to third parties
- Age, education, cultural background, and judgmental maturity
- A valid legal defense would have precluded a conviction for AWOL or misconduct under the UCMJ. 38 CFR 3.12(e)(2).
At Rob Levine & Associates, our experienced VA disability team has helped countless veterans secure VA disability benefits despite their unfavorable discharge. Contact us today to see if we can fight for you!
VA Disability Claim
- Supplemental Claims: within 125 days
- Higher Level Review: within 125 days
- Board of Veterans’ Appeals – Direct Review Docket: within 365 days
- Board of Veterans’ Appeals – Evidence and Hearing Docket: over 365 days
- File your appeal with the VA;
- Construct a personalized evidence development plan tailored to each claim;
- Perform cutting-edge service record and medical research;
- Draft a comprehensive legal brief in support of your appeal; and
- Routinely follow up with you to provide an update on the status of your case.
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THE CAMP LEJEUNE JUSTICE ACT WILL PROVIDE AN OPPORTUNITY FOR COMPENSATION
Rob Levine & Associates is investigating cases of individuals who were exposed to cancer-causing chemicals at Camp Lejeune and have been diagnosed with cancer or a serious medical condition. Veterans, family members, and contractors may be eligible for compensation, whether you already collected VA benefits for this injury or not.
