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After a tour in Iraq in 2010 with the MS National Guard, I

was given 70% disability rating...
After a tour in Iraq in 2010 with the MS National Guard, I was given 70% disability rating and am receiving a monthly benefit check for this. I still have 14 months left with the guard but am unable to perform my duties related to these disabilities. My commander has refused to send me to MEB/PEB. If I receive a OTH discharge, will I still receive my VA disability benefit check?
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Answered in 2 minutes by:
6/26/2013
Allen M., Esq.
Category: Military Law
Satisfied Customers: 19,347
Experience: Lawyer and current JAG officer.
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Thank you for your question today, I look forward to assisting you. I have nearly 20 years of legal experience in various disciplines, including JAG.

An OTH discharge very likely would disqualify you from VA benefits.

It's not automatic though. They don't have a rule saying "OTH and below and you don't get benefits."

Instead, they say that discharges based on dishonorable circumstances can disqualify you. So, they'd have to look at the actual basis for your discharge before deciding whether or not your benefits were lost.
Allen M., Esq.
Category: Military Law
Satisfied Customers: 19,347
Experience: Lawyer and current JAG officer.
Verified
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