The linked New York Times Article details a class-action lawsuit filed by Yale Law School “against the armed forces arguing that he and other Vietnam veterans had post-traumatic stress disorder when they were issued other-than-honorable discharges.” The article describes one Vietnam veteran’s fight to have his discharge upgraded after being court-martialed, presumably during the Vietnam era. The article indicates that the veteran’s discharge was upgraded to “a general discharge” in the 1970s but he was still being denied disability compensation by the Department of Veterans Affairs (VA) due to his characterization of service.
As someone who represented Soldiers in criminal and administrative proceedings while in the Army and now represents veterans before the VA, there are some factual concerns I have about the veteran’s case as described in the New York Times article. Regardless, veterans need to be aware that their characterization of service when discharged can have an effect on their eligibility for disability compensation and pension benefits before the VA. Eligibility for VA benefits when a veteran is discharged with a characterization of service of something other than “honorable” is fact specific and commonly hinges upon the underlying nature of the veteran’s administrative or judicial discharge.
If you have questions or concerns about your eligibility for veterans benefits, please do not hesitate to contact me for a free consultation at sdirector@FRE-L.com or (732) 382-6070.