and since then he went into more depression and his OCD got worse and he end up gettting in trouble and is in jail for a year, can he apply while in jail for disability benefits through the military or does he have to wait to get out or is it too late?
2007-05-13 12:07:11 · 11 answers · asked by pierson1953 3 in Politics & Government ➔ Military
To Melspost -
I am being real, a cousin-in-law got military disability benefits and now has still for quite awhile, i think mental or emotional may be a little different because i don't think diabetes is always disabling.
2007-05-13 12:20:42 · update #1
There is nothing fishy going on, and I don't have enuf room here to tell the whole story, but he was a good soldier but his OCD (which was being treated by a military doctor) was making it very difficult and after determination and review, they gave it to him
2007-05-13 12:23:57 · update #2
He could apply for benefits, but under Federal law, anyone incarcerated for more than 90 days. Their government benefits are suspended until release. This includes Military retirement, VA disability, etc.
As far as other answers, His discharge would be classified as "Honorable" in the "Character of Service" block 24. In block 28 "Reason for Separation" it would say something like "Medical Disability", "Failure to Adapt" or similar description.
There is no such thing as a Medical Discharge. Just Discharged for Medical Reasons.
2007-05-13 13:59:50 · answer #1 · answered by Dennis F 7 · 0⤊ 0⤋
He could only get benefits if his problems were service related, which they most likely were not. He would have had an opportunity to request a disability hearing before he left the military and he didn't do that. That doesn't mean he couldn't try now, but my guess is he would have a terrible time trying to prove his problem is service related at this point. And just so you understand, he didn't get an honorable discharge "based" on his mental and emotional problems. The military determined they would give him an honorable discharge as opposed to "other than honorable" or "dishonorable" or "under honorable conditions." That's a judgement call made by his command. He was most likely barred from re-enlistment based on his condition as "failure to adapt to military life."
2007-05-13 12:31:23 · answer #2 · answered by The Scorpion 6 · 0⤊ 0⤋
His honorable discharge should allow him to always to apply to the VA for benefits. Without knowing specifics, I think the VA will investigate whether his problems were a result of his military service or existed prior to his service. I'm not sure about being in jail but he still may be able to receive benefits. Hope this was somewhat helpful
2007-05-13 12:19:23 · answer #3 · answered by Nicholas 1 · 1⤊ 0⤋
He would not have gotten a honorable discharge for that. He would have gotten a medical separation. He can apply but it will depend on the amount of disability he can claim. If he actually was discharges as a result of disability then he will have a disability percentage already.
2007-05-13 12:40:05 · answer #4 · answered by rdcheidl07 3 · 0⤊ 1⤋
Thank you for serving your country and for me to enjoy the freedom it brings. But also thank you for taking the stand of taking care of your elderly parents. Not many folks do that now a days. I think there would not be any problems of re-enlisting as they are in real need of personnel that is willing to serve. So go to the recruiting office and ask for an officer there. Good luck. And stay safe!
2016-03-14 00:45:43 · answer #5 · answered by Anna 4 · 0⤊ 0⤋
He wouldn't get an honorable discharge, he'd get a medical discharge. Something fishy is going on here.
2007-05-13 12:13:14 · answer #6 · answered by Anonymous · 3⤊ 1⤋
He can apply for disability, even if he's in on felony charges, he can not be denied disability pay. He can even get help from the prision with the paper work.
2007-05-13 12:13:08 · answer #7 · answered by crknapp79 5 · 1⤊ 2⤋
NO!!!! my son in law was discharge when he became a diabetic after 3 years in the marines. Now do you think he should draw benefits??Get real
2007-05-13 12:13:42 · answer #8 · answered by ♥ Mel 7 · 1⤊ 3⤋
he can try... I have seen crazy people (including felons) get disability. if it doesnt work he try again once he's out.... he should probably seek professional medical and legal help
2007-05-13 12:14:19 · answer #9 · answered by mike 3 · 0⤊ 0⤋
The easiest way to cure mental problems is to get a divorce, I did and my mental health improved drastically.
2007-05-13 12:14:40 · answer #10 · answered by masterplumber75 4 · 1⤊ 2⤋