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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 18811
Experience:  Lawyer and current JAG officer.
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I served 17 years in the Army and left with a chapter 10 discharge

Customer Question

I served 17 years in the Army and left with a chapter 10 discharge in 2009. I have a lot of injuries from serving in the Special Forces. What VA benefits am I eligible for?
JA: The Military Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: I tried to get my Discharge upgraded but was denied. other than that no.
JA: Is there anything else the Military Lawyer should be aware of?
Customer: I am currently working but I do not have any medical coverage and am getting sick
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Military Lawyer about your situation and then connect you two.
Submitted: 7 months ago.
Category: Military Law
Expert:  Allen M., Esq. replied 7 months ago.
Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. Your benefits depend entirely on the characterization of your discharge. The service connected nature of your injuries, while relevant to deciding whether or not you can get disability and other forms of treatment, is not the deciding factor. You have to have been separated under other than dishonorable circumstances. That does not mean a dishonorable discharge, which certainly fits that definition. It can also include a bad conduct discharge and other than honorable discharge. Chapter 10 for the military is a discharge in lieu of court martial. While it is not an admission of guilt for criminal conviction purposes, it is a tacit form of admission for purposes of receiving VA benefits. Therefore, the VA can consider the offenses listed in your court martial filing as the basis for your separation and appealing is next to impossible, because when you agree to a Chapter 10, you are essentially agreeing that an OTH is the appropriate discharge status. You can certainly apply for VA benefits, which is a determination that is individually made by that entity alone (the military does not control that civilian agency determination....they have their own method for deciding), but the OTH is going to be taken into consideration and chances are that you will not be eligible for benefits. You lose nothing by trying (if you haven't already), so I don't want to discourage you...just prepare you. If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.
Expert:  Allen M., Esq. replied 7 months ago.
Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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