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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 25402
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I hold a clemency discharge do I qualify for VA home loan

Resolved Question:

I hold a clemency discharge do I qualify for VA home loan programs
Submitted: 11 months ago.
Category: Military Law
Expert:  P. Simmons replied 11 months ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.


I currently serve as a Veterans Services Officer and file claims for veterans to the VA daily.

The law requires the VA to provide benefits for discharges awarded under conditions other than dishonorable. But the rules that Congress made to determine what discharge qualifies allows the VA to make the final decision. The regulation that covers this is called the M21-1MR. This is the manual that governs all VA claims. The section that covers this is in Part III, Subpart v, Chapter 1, Section B of the M21-1MR


IF you look it states:

"A clemency discharge does not entitle or reinstate entitlement to benefits administered by VA. The VA must still go through its procedural process to determine if the circumstances of discharge are under other than dishonorable conditions. "

So the VA will review the circumstances surrounding the discharge before they grant benefits. Best to work with your VSO to provide evidence to the VA to show the discharge does still rate benefits. The VA uses a complex process when it makes its benefits eligibility determinations.


P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 25402
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
P. Simmons and other Military Law Specialists are ready to help you
Customer: replied 11 months ago.

what is a VSO?

Expert:  P. Simmons replied 11 months ago.
Sorry...VSO is short for Veterans Services Officer. I file claims to the VA on behalf of vets.
Customer: replied 11 months ago.


guess you did not recieve my last question , Am I wasting my time or is there a oppertunity for me in this program or should I have someone such as yourself represent me?

Expert:  P. Simmons replied 11 months ago.
SOrry, I did not see the question prior to now...not sure why

That is a tough one...that is, that is tough to get the VA to agree to extend benefits when they are not required, by law, to do so.

Not impossible...I have had some success with this...but not easy. You basically need to submit a package to the VA to show them that the circumstances surrounding your discharge were not "dishonorable"

The clemency upgrade is a good start.

You would want to put together evidence to show why, based on all the circumstances, in your case, you rate benefits.

Yes...you need someone like me (though not me specifically). Your county should have a VSO working for the state/county to assist with obtaining benefits...most states have this program....I would contact them and ask for support. They provide help at no cost.

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