1-Hour Program

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Overview

Not all servicemembers will receive access to veterans’ benefits and services from the VA.  A major obstacle to getting health care and services arises when a servicemember is discharged for misconduct.  In those cases, the VA will decide whether their conduct should make them ineligible for veteran benefits. 

This affects a large number of servicemembers.  Since 2001, over 140,000 people have been separated from military service with potentially disqualifying discharges.  Over 130,000 of them are not recognized as veterans by the VA and are therefore not eligible for most veteran benefits. 

Some of these are people most in need of care and services.  Often, the misconduct that leads to discharge is the result of a behavior dysfunction symptomatic of mental health trauma or other stressors from service.  A 2005 study found that Marines who deployed to combat and who received a PTSD diagnosis are 11 times more likely to receive a misconduct discharge than those who do not have a PTSD diagnosis.  A 2015 study showed that former servicemembers with misconduct discharges are twice as likely to commit suicide as other veterans. 

Becca von Behren and Bradford Adams, veteran law attorneys from Swords to Plowshares will discuss ways to help veterans discharged for misconduct maximize services they can obtain from the VA.  The discussion will include: 

·         Explaining the standards that the VA uses for determining eligibility based on Character of Discharge review
·         Suggesting arguments and evidence that might be helpful in obtaining a favorable Character of Discharge review
·         Explaining the procedures for obtaining a Character of Discharge review
·         Identifying services that servicemembers can obtain even if their character of discharge review is unsuccessful 

Don’t miss this important free briefing.

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