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Benefits for veterans

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VETERANS CORNER

Many Vietnam and other veterans for one reason or another, have received an "other than honorable discharge". Unfortunately this type of discharge does eliminate the veteran for eligibility for most VA benefits. However, a veteran is still eligible for service connected disability compensation if the disability was caused by or aggravated by military service and was not the result of the veteran's own misconduct. VA medical care may also be provided under the conditions provided below.

Benefit description: To be considered a "veteran" eligible for VA health care benefits, a former service member must have been discharged "under conditions other than dishonorable." Under VA regulations, administrative discharges characterized as "honorable" or "general under honorable conditions" are qualifying and punitive ("dishonorable" or "bad conduct") issued by general courts-martial are disqualifying.

The in-between categories, administrative "other than honorable" discharges, and punitive "bad conduct" discharges issued by special courts-martial, may or may not, be disqualifying for the purposes of general VA benefit eligibility or VA health benefits eligibility specifically. While assessing whether such discharges were issued "under conditions other than

dishonorable", VA must apply the standards set forth in Title 38 code of Federal Regulations.

"Other than honorable" discharges -- special health care rule: An individual with an "other than honorable" discharge that VA has determined to be disqualifying under application of Title 38 CFR, still retains eligibility for VA health care benefits for in-service incurred or service-aggravated disabilities unless he or she is subject to one of the statutory bars set forth in 38 United States Code 5303(a).

VA health care benefits: if an individual presents or makes an application for VA health care benefits and has an "other than honorable" or "bad conduct" discharge, eligibility staff may register the individual and place them in a pending verification status. A request for an administrative decision regarding the character of service for VA health purposes must be made to the local VA regional office.

This request may be submitted by using a VA Form 71312, Exchange of Beneficiary Information and request for administrative and adjudicative action. In making determinations of health care eligibility the same criteria will be used as are now applicable to determinations of service connection when there is no character of discharge bar.

The Lassen County Health and Social Services, veterans Service Office, is located in the veterans Memorial Building, 1205 Main St., in Su-sanville. Normal business hours are 7 a.m. to 5 p.m. Monday through Thursday. We welcome your questions or comments at 251-8192 or e-mail: mschnei-der@co.lassen.ca.us.



Copyright 2010 Lassen County Times, Susanville, California. All Rights Reserved. This content, including derivations, may not be stored or distributed in any manner, disseminated, published, broadcast, rewritten or reproduced without express, written consent from SmallTownPapers, Inc.

© 2011 Lassen County Times Susanville, California. All Rights Reserved. This content, including derivations, may not be stored or distributed in any manner, disseminated, published, broadcast, rewritten or reproduced without express, written consent from DAS.

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