The Mayer Law Blog

How an Other Than Honorable Discharge Affects VA Benefits — and What You Can Do About It

Posted January 30th, 2025 in General

An Other Than Honorable (OTH) discharge from the military can have serious consequences, especially when it comes to Veterans Affairs (VA) benefits. Many service members don’t realize the impact until they apply for assistance, only to find out they may be ineligible. However, all hope is not lost—there are ways to challenge your discharge status and regain access to critical benefits.

How an OTH Discharge Affects VA Benefits

A veteran’s eligibility for VA benefits depends on their character of service determination. The VA reviews your military records and circumstances surrounding your discharge before granting benefits. Here’s how an OTH discharge might impact key VA benefits:

  • VA Healthcare: Typically, an OTH discharge bars access to VA medical services. However, in some cases, veterans may still receive emergency mental health care or be granted benefits after a Character of Discharge review.
  • Disability Compensation: Veterans with an OTH discharge are usually ineligible for disability benefits unless the VA determines otherwise.
  • Education & GI Bill Benefits: Most education benefits, including the Post-9/11 GI Bill, are unavailable to those with an OTH discharge.
  • Home Loans & Pension Benefits: VA-backed home loans and pensions are generally not accessible unless the veteran successfully upgrades their discharge status.

Options for Veterans with an OTH Discharge

If you received an OTH discharge, there are a few options to regain access to VA benefits:

  1. Character of Discharge Review: Veterans can request a review from the VA to determine if their service was “honorable for VA purposes.” This process considers factors such as combat history, mental health conditions, or evidence of service-related trauma.
  2. Discharge Upgrade Request: Veterans can apply for a discharge upgrade through their branch’s Discharge Review Board (DRB). If successful, this can restore eligibility for VA benefits. More information on applying for a discharge upgrade can be found on the VA’s official website.
  3. Seeking Legal Assistance: Hiring a discharge upgrade attorney can significantly improve the chances of a successful upgrade. Attorneys experienced in military discharge cases understand the legal arguments that work best, gather crucial evidence, and navigate the bureaucracy of the review process.

Why You Should Hire a Discharge Upgrade Attorney

Applying for a discharge upgrade is complex, and having legal support can make a significant difference. A qualified attorney can:

  • Help you gather evidence, such as medical records or testimonies that support your case.
  • Navigate VA and military regulations, ensuring all paperwork is properly completed.
  • Argue for mitigating circumstances, such as PTSD, traumatic brain injury (TBI), or other service-related issues.
  • Improve your chances of securing the benefits you earned through service.

Take Action Today

If your VA benefits were denied due to an OTH discharge, don’t give up. Start by reviewing your eligibility, considering a discharge upgrade, and seeking legal counsel. For more information on applying for a discharge upgrade, visit the Department of Veterans Affairs Discharge Upgrade page.

A dedicated discharge upgrade attorney can be the key to unlocking the VA benefits you deserve. Don’t let an unfavorable discharge define your future—take steps today to reclaim your benefits and move forward with confidence.



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