Fighting Back, if a Military Criminal Investigation or OTH Discharge Threatens Your Future VA Benefits
If you’re an active-duty service member whose conduct is under scrutiny, it’s important to understand that an unfavorable outcome to an administrative separation board hearing, command investigation, or court-martial could keep you from receiving decades’ worth of VA benefits. If an unfavorable outcome to these kinds of actions has already compromised your eligibility, there may be reason to hope. Either way, because you’ve rightfully earned these benefits as a result of your dedicated service, it is important to take steps to protect your entitlements now.
The law firm of Capovilla & Williams was founded by former JAG Officers and has built its stellar reputation upon our unparalleled advocacy on behalf of active service members and Veterans alike. If you are facing a risk of disciplinary action or are being impacted by the fallout of such efforts, know that our team of dedicated attorneys can help you to protect your reputation, your career, and access to the VA benefits that you’ve rightfully earned. Call Capovilla & Williams at 866-951-0466 or contact us online today to get started.
Can One Mistake or Misunderstanding Cost You VA Healthcare and Disability Benefits?
The U.S. Department of Veterans Affairs is tasked with providing healthcare and disability benefits to Veterans who qualify for them. It is also tasked with enforcing policies that restrict access to benefits to Veterans whose conduct or circumstances disqualify them from eligibility for benefits. Most of the time, Veterans only qualify for VA benefits if their discharge from military service was:
- Honorable
- General (Under Honorable Conditions)
- Uncharacterized
This means that a command investigation, administrative separation board hearing, or court-martial scenario leading to a discharge that is other than honorable, features a bad conduct determination, or is dishonorable, could bar you from eligibility for VA healthcare and/or disability benefits moving forward.
How Can You Protect a Lifetime of Access to Healthcare and Disability Benefits?
If you have not yet been formally discharged, the surest way to safeguard your access to VA benefits moving forward is to succeed in defending your honor, reputation, and career as your administrative separation board hearing, court-martial, or command investigation unfolds. Working with our skilled legal team to preserve your opportunity to be discharged honorably, under honorable conditions, or generally can also preserve your access to these benefits once you become a Veteran.
If you’ve already been subjected to disciplinary action that has compromised your future benefits eligibility, know that there are ways to fight back under certain circumstances. For example, a 2024 amended rule newly allows for expanded benefits eligibility for some former service members whose previous benefits eligibility was compromised due to:
- Homosexual acts
- Willful and persistent misconduct
- An offense involving moral turpitude
As a result of this 2024 rule, many former service members previously denied benefits have been encouraged to reapply for them. If these circumstances apply to you, we can help. Even if these exact circumstances do not apply to your situation, we can evaluate the particulars of your unique concerns and craft a personalized strategy tailored to your interests accordingly. Ultimately, the VA has explicitly conceded that “individuals receiving undesirable, bad conduct, and other than honorable discharges may qualify for VA benefits depending on a determination made by VA.” Working with our dedicated team can place you in the strongest possible position to benefit from a favorable determination outcome.
Seeking Effective Legal Guidance and Support
Veterans who have served their country in dedicated ways deserve to benefit from the healthcare and disability compensation that has been earmarked on their behalf. If your eligibility for VA benefits has been or could be compromised, allow the reputable team of experienced lawyers at Capovilla & Williams to help.
Tell us about your situation today by calling 866-951-0466 or connecting with our team online to get started. We look forward to hearing from you.
