Discharge Status and Eligibility

Honorable and general discharges usually meet the character of service requirement for most VA benefits. Other discharge types, such as other than honorable, may require the VA to decide whether the service qualifies, a process known as a character of discharge determination. A dishonorable discharge from a general court-martial generally bars benefits, though certain limited exceptions exist. Because the rules are nuanced and have been updated over time, a veteran with an other-than-honorable discharge should not assume they are ineligible. Asking the VA to review the case, with a service officer's help, is often worthwhile.

Each military branch has a discharge review board and a board for correction of military records. Veterans can apply to change their discharge characterization, especially if the discharge was connected to conditions such as post-traumatic stress, other mental health conditions, military sexual trauma or circumstances that are now viewed differently than they were at the time. The process requires an application, a personal statement and supporting evidence, and it can take many months. A veteran with mesothelioma should consider pursuing an upgrade at the same time as a VA claim, rather than waiting for one to finish first.

Discharge upgrades and character of service reviews can be complicated, and the paperwork is easier with experienced help. Veterans service officers, legal aid organizations and law school veterans clinics often assist veterans with these applications at no cost. They can help gather records, write a clear personal statement and explain what kinds of evidence boards find persuasive. Because mesothelioma is time-sensitive, let any helper know about the diagnosis right away so they can prioritize the case and ask for faster handling where possible. Keep copies of everything submitted to the boards and to the VA.

1. 1

   Check the character of service listed on your DD-214 before assuming you are ineligible.

2. 2

   Ask the VA to review your service if your discharge was other than honorable.

3. 3

   Contact a service officer or legal aid clinic about applying for a discharge upgrade.

4. 4

   Pursue any upgrade application at the same time as your VA claim.