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Dva Law

Veterans law and Disability Benefits Clinic

The VA(Department of Veteran Affairs) is the authority that  judges cases of veterans and passes its judgment on whether veterans are eligible for the benefits legally claimable for them.

A veteran is any retired officer of the United States Military, who as has served under active duty of the country been on deployments. Veterans who are discharged under “general” and “under honourable conditions” are also eligible as veterans.

Then there are those veterans who are “dishonourably” discharged from the military who don’t technically classify as veterans. Who are not legally applicable for the health benefits provided by the VA.

Since the Second World War, veterans other than those dishonourably discharged are to be legally applicable to the services provided by to its all members.

It has also been noted that, other veterans who suffered less than dishonourable discharges like mental illness other less severe misconducts still find it difficult to gain access to the benefits.

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It has been found that the VA has adopted a hostile like approach to the less severe misconduct and other minor disciplinary affected veterans.  The VA has wrongfully implemented the Congresses statutory standard and has failed to provide service benefits to those affected by even less charges than dishonourably discharged.

A proposal has been made to the VA that instead of hostile approach to its own war heroes who are suffering now, that it adopts an holistic approach where it genuinely considers each case and determines whether the veteran is eligible to the service benefits. A small change in the review  eligibility policy  where eligibility is first positively presumed rather than ineligibility and considers factors mitigating for eligibility for service and health benefits to it service members will bring about a change for the better.

 

 

 

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