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Veteran Benefits #21-0374784

Client has received a denial of VA benefits (monetary) which happened in May of 2020.  He received a notice from the VA that they had made a mistake in paying him disability benefits.  They alleged that he went AWOL after returning from Vietnam and that based on the discharge he received as a result of that UCMJ offense, he should not have been paid for the disability he was given by the VA.  The applicant said that he took the UOTHC discharge in lieu of a Special Court-Martial for AWOL and was released from the Army.  The mitigating circumstances were that his family had been in a bad car accident and his wife and daughter had been badly hurt.  He asked for humanitarian leave but it was denied so he went ahead and left his unit anyway.  The discharge was later upgraded to General (under honorable conditions).  He doesn’t believe the VA knew about the discharge upgrade when they determined he did not qualify for VA disability payments and he would like those benefits restored.    He has no paperwork to provide at this time so the volunteer will need to request the documents from both the VA and the military departments involved.

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