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VA home loan requirement with a chapter 10 discharge from 1980…

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VA home loan requirement with...
VA home loan requirement with a chapter 10 discharge from 1980 aug 27 till 5/1/83 for the good of the service I did not know I could get a up grade because I had bi-polar disorder and they want so munch
Submitted: 4 years ago.Category: Military Law
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Answered in 1 hour by:
3/7/2014
Military Lawyer: P. Simmons, Military Lawyer replied 4 years ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 37,502
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.


The characterization will be the key...can you tell me, what is the characterization of your discharge? "general" ? "other than honorable"?
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Customer reply replied 4 years ago

Other than honorable for the good of service i had 2yr 5months ch 10

Military Lawyer: P. Simmons, Military Lawyer replied 4 years ago
Thank you

I am very sorry to have to bear bad news.

In order to qualify, without hitch, for a VA loan, you would need either a "honorable" discharge or a "general, under honorable conditions" discharge.

An "other than honorable conditions" discharge will not, generally, qualify for VA benefits.

Now...I understand your point...if you read the law it says that a veteran will qualify if their discharge is not "under dishonorable conditions"

The problem you face is that the law allows the VA final say on what qualifies for "not under dishonorable conditions". Specifically, if the characterization is either "other than honorable" OR "Bad Conduct" the VA has the ability to make the determination on if that discharge will qualify.

And while in theory they could grant benefits for an OTH.

In practice they do not.

So you can certainly apply for the benefit. But the OTH will be an effective bar to the benefit.

Now...if your discharge was given in error you can file a request to have it "upgraded". It is possible to file this form

http://www.dtic.mil/whs/directives/infomgt/forms/eforms/dd0149.pdf

And ask the board of corrections to change the characterization

They require you provide evidence of "error or injustice"...so you have to prove that the characterization was given in error...if you can show that they made a mistake in awarding the OTH discharge, the board of corrections can change the characterization and that would allow you to obtain benefits

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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