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Marsha411JD
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 17270
Experience:  Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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I recived 2 discharges from the army.one honorable and one

Resolved Question:

I recived 2 discharges from the army.one honorable and one oth.I applied for vrap and have been turn down.I sent the va a letter disagreeing with their determination, and have been turndown a second time.I believe l should qualify for vrap based on my honorable discharge.what should I do now?
Martin Blaqmoor
XXX@XXXXXX.XXX
Submitted: 1 year ago.
Category: Military Law
Expert:  Marsha411JD replied 1 year ago.

Hello,

Thank you for the information and your question. However, in order to assist you further I need a bit more information:
Are you between the ages of 35 and 60?
Are you unemployed and were you when you applied?
Have you received, or are you eligible for the GI bill (pre or post 9/11)?
Do you currently receive VA benefits based on unemployability?
Are you, or were you, enrolled in any State or Federal job training program?

Customer: replied 1 year ago.

Hi,


 


 


I meet the age requirements and in fact all stated requirements for the vrap program. They're turning my application down based on the contention that my honorable discharge is determined dishonorable, for va purposes becouse my other than honorabled discharge was determined dishonorable for va purposes.


 


 


 

Expert:  Marsha411JD replied 1 year ago.
Hello again Martin and thank you for your reply. It is just not the case that the VA, or the law, considers an OTH as a Dishonorable Discharge. So, something else is going on here that I wish I could say with certainty what it is, but without your record and seeing what the VA has, I can't say. There is no instance when the VA considers an OTH as Dishonorable, which is what you would have to have to be denied VRAP, as long as you meet every one of the conditions I mentioned in my information request.

So, if your worst discharge is indeed a an OTH, and you otherwise meet all the other requirements, and have exhausted your appeal rights, then you will need to get a local attorney who handles military and Veteran cases, to intercede on your behalf, but writing a letter outlining the law and the facts, or by filing suit against the VA to force them to enroll you.

If you haven't already looked at the VRAP website, you can find it at: http://benefits.va.gov/vow/education.htm

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Marsha411JD, Lawyer
Category: Military Law
Satisfied Customers: 17270
Experience: Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
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