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My brother was enlisted in the Navy back in the 1960s, and…

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My brother was enlisted...

My brother was enlisted in the Navy back in the 1960s, and was given an honorable discharge after about 3 weeks in basic training. He became ill, and while being treated the doctors reviewed all his records and determined that he should never have been accepted. He has congenital cognitive disabilities and was graduated from a special needs class in the regular high school. He recently applied for and received basic VA medical. His buddies are pushing him to get a lawyer and fight for full VA benefits, including housing assistance. I am surprised that he gets anything at all, and really don't want the time, expense, and disappointment (for him) of pursuing any actions if there is no legal basis to assume that he could possibly be qualified for any additional benefits. Does this appear worth pursuing?

Lawyer's Assistant: Because education law varies from place to place, can you tell me what state this is in?

Ohio

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

I have not. He now lives in Arizona. His only contacts have been with VA officials. I seriously doubt he has any records or recollections of anyone in his chain of command at the time, and our father (who might have know) is dead.

Submitted: 7 months ago.Category: Military Law
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Answered in 13 minutes by:
12/14/2017
Military Lawyer: Michael Bradley, Lawyer replied 7 months ago
Michael Bradley
Category: Military Law
Satisfied Customers: 1,524
Experience: Owner at The Protection Group LLC
Verified
Since he has been given basic VA medical benefits, then it would make sense that he at least look into receiving other benefits as well. In my opinion it could not hurt for him to contact a local attorney who does this type of work regarding veterans benefits to see if it is worth pursuing an increase in benefits. While I do know that only being enlisted for three weeks is your issue I am assuming, the fact that he received basic benefits does open the door for more benefits. Working with the VA unfortunately is a long and difficult process but something that at least should be looked at
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Customer reply replied 7 months ago
You are correct in assuming that failure to meet even the 90-day standard for active duty status is my immediate concern. My other concern is working through a long and difficult process from a distance. If we decide to contact a local attorney who specializes in VA work, should we expect a no-cost initial consultation on just the viability of pursuing any claim? If not, what should we expect as a general cost range for an initial consultation? Do you happen to know if it is typical to arrange for such consultations to include participation by telephone so I could be part of the conversation? I have power of attorney over my brother's health care as well as over all of his finances except a small sum that is administered by our sister who also lives out in Arizona.
Military Lawyer: Michael Bradley, Lawyer replied 7 months ago
Normally when it comes to this kind of legal work, you are usually able to find someone who was willing to do it for low-cost or even no cost. I do know of an attorney in the past that was a vet, a disabled vet, who became a lawyer and did it for free but that was years ago and he's no longer in the business. People who do this kind of work realize that there is not a lot of money in it and therefore charge appropriately
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