If a Guardsman recieves VA compensation from a tour of duty but then recieves an OTH then would they lose their benefits?

2021-03-31T10:20:09-04:00

Hey everyone I was looking at some VA websites and thought up a question. If the service member recieves VA compensation but then gets a bad paper discharge, would they keep the benefit because its awarded due to a period of active service? Not related to me but several members in my unit serve in the guard and recieve these benefits.

Response by MSG Private RallyPoint Member made Mar 31 at 2021 12:29 PM

2021-03-31T12:29:15-04:00

Simple answer is yes.

Response by SSG Brian G. made Mar 31 at 2021 1:47 PM

2021-03-31T13:47:09-04:00

Nope. Here is how it works. You go to the VA and provide them with your documentation. They then make a determination. You get your compensation based on that determination. From that point forth the VA and the Military really do not communicate and the Military would not so much as think to contact the VA and forward paperwork about an OTH discharge. So unless you or another person tell the VA or you have to, for some reason re-apply... say for a modification of benefits, they would not know.

Response by LTC Joe Anderson made Mar 31 at 2021 4:39 PM

2021-03-31T16:39:26-04:00

If you served a full period in the military, received good paper such as an honorable discharge, and immediately re-enlisted for a new period of service that ended with bad paper. You will be eligible for disability compensation benefits only for the period of service that ended with an honorable or under honorable conditions discharge. If you were injured during the enlistment period that ended with bad paper, you will not will be eligible for disability compensation.

You will remain eligible for VA benefits such as health care and education based on your "good" period of service, even if your bad paper was as serious as a dishonorable or bad conduct discharge. One other important point to know with regard to the character of discharge is that VA can grant benefits for an injury or disability which occurred during a period of honorable service even if the veteran later has a period of dishonorable service. In fact pending a VA determination a former service member may still be eligible for benefits even with A "Bad Paper" discharge (See the VA Website for further details. Link below). "Generally, in order to receive VA benefits and services, the Veteran’s character of discharge or service must be under other than dishonorable conditions (e.g., honorable, under honorable conditions, general). However, individuals receiving undesirable, bad conduct, and other types of dishonorable discharges may qualify for VA benefits depending on a determination made by VA."

https://www.benefits.va.gov/benefits/character_of_discharge.asp

VA.gov | Veterans Affairs

Apply for and manage the VA benefits and services you’ve earned as a Veteran, Servicemember, or family member—like health care, disability, education, and more.

Response by SGT Frank-John Limiero made Apr 1 at 2021 1:37 PM

2021-04-01T13:37:51-04:00

If you are honorably discharged and receive benefits for a military related incident, if it's permanent I don't know of another reason for them to stop your award.

Response by SPC Private RallyPoint Member made Apr 2 at 2021 9:16 AM

2021-04-02T09:16:33-04:00

Thank you all for replying. Sometimes I just get curious, as for me personally im not in danger of this, but I know of quite a few troops who get that VA check and ditch the unit because they believe their benefits wont be affected. Thank you all for your time and its appreciated!