Posted on December 06, 2018 in Uncategorized

For many years, veterans who were entitled to retirement pay from the military (either longevity retirement pay for twenty or more years of service or disability retirement pay for those medically discharged because they were found unfit for continued military service) were not permitted to receive their full military retirement pay and full VA compensation benefits at the same time. Veterans entitled to both had to either elect one of the benefits or waive the amount of retirement pay that equaled the amount of VA disability compensation to which they were entitled. That prohibition does not always apply today.

There are currently two programs that help mitigate the loss of income that results from the prohibition against receipt of military retirement pay and VA disability compensation: Concurrent Retirement and Disability Pay (CRDP) and Combat-Related Special Compensation (CRSC).

Concurrent Retirement and Disability Pay (CRDP)

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 Posted on November 20, 2018 in Uncategorized

A veteran with a less than fully honorable discharge has three forums that they can petition to make them eligible for VA benefits. Two of the forums are part of the military service departments. Each military service branch has a Discharge Review Board (DRB). The Air Force, Army, and Coast Guard have a Board for Correction of Military Records (BCMR), and the Navy and Marine Corps have a joint Board for Correction of Naval Records (BCNR). The last forum is the VA, which can determine that the veteran is not barred from VA benefits through a process called a character of discharge determination.

Where board should a veteran apply to get a discharge upgrade?

If a veteran is primarily interested in a discharge upgrade, an application should be filed with the Discharge Review Board or the Board of Corrections.

1. The Discharge Review Boards: The DRB has limited powers. It can upgrade a discharge except for a Bad Conduct Discharge or Dishonorable Discharge issued by a general court-martial. In other words, the DRBs can review a General Discharge, an Other Than Honorable, and a Bad Conduct Discharge issued by a special court-martial. It can also change the reason for a discharge.

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 Posted on November 14, 2018 in Uncategorized

Since 2014, significant changes have occurred in the discharge upgrade criteria involving veterans which greatly increase a veteran's likelihood of success in obtaining a discharge upgrade. A veteran should be familiar with these changes, so they can submit the best argument on their behalf. If the circumstances of a veteran's discharge were the result of Posttraumatic Stress Disorder (PTSD) or related conditions such as Traumatic Brain Injury (TBI), the veteran's request may be eligible for "liberal consideration" under the "Hagel Memo." Similarly, if the circumstances of a veteran's discharge were the result of a mental health condition (including PTSD), TBI, or sexual assault or harassment, a veteran may be able to strengthen their application by submitting special types of evidence, in addition to military service records, that will also be given liberal consideration under the "Kurta Memo."

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