Veterans discharged due to a general court-martial are barred from VA benefits, but summary and special court-martials do not result in this bar; veterans can determine their court-martial type by reviewing their military personnel file, which will specify whether they had a general, special, or summary court-martial.
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Don’t Let the VA Bar You From Benefits追加:
Not all court-martials are the same or barred benefits, and the VA gets it wrong all the time. Here's where the VA gets this wrong. Yes, if you were discharged due to a general court-martial, you are barred from benefits. But, here's something the VA gets wrong quite a bit. There are actually three types of court-martials.
There's general, there's summary, and there's special court-martials. If you had a summary or special court-martial, that does not fall under this bar, but that's something that the VA misses quite a bit. So, how do you know if you were a general, special, or summary court-martial? Well, a general court-martial is usually from like a full trial. You you went in front of a military judge. There may have been a jury, and they found you guilty of whatever you were charged with. If that's your circumstance, then unfortunately, you probably don't qualify for benefits. If you don't know, get a copy of your military personnel file. It will say in there what type of court-martial you had. Don't let the VA get away though with barring you from benefits if you didn't go through a general court-martial. Hope this helps, but if you can't do it on your own, feel free to give the Vet Law Office a call.
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