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Military Prison Talk & UCMJ This forum is dedicated to those who have a loved one in a military prison, or dealing with the military legal system (UCMJ).

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  #1  
Old 07-18-2016, 11:29 AM
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Default VA benefits after Military confinment

Hi, My son was incarcerated and received a bad conduct discharge from the USMC. He was injured quite badly during a training exercise prior to being deployed to Iraq and prior to getting himself into trouble.

Since his release in 2007 he has been unable to get any help from the VA for his injury which is documented, service related and occurred prior to his imprisonment. The VA said his bad conduct discharge wont' rate any benefits which I can't believe.

His most recent bout with this was turned over to workman's comp because the re injury took place on the job. Workman's comp denied his claim because his medical history showed he had a service related injury in the same area.

It has been 6 months of debilitating pain and even stress on his employment. One job was lost due to the injury and his current employer is getting tired of his not being able to preform not to mention his feeling defeated in life.

Can anyone direct us to a group that can help or even a starting point?

Thanks for your help.
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Old 07-22-2016, 09:30 PM
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Originally Posted by mombert View Post
Hi, My son was incarcerated and received a bad conduct discharge from the USMC. He was injured quite badly during a training exercise prior to being deployed to Iraq and prior to getting himself into trouble.

Since his release in 2007 he has been unable to get any help from the VA for his injury which is documented, service related and occurred prior to his imprisonment. The VA said his bad conduct discharge wont' rate any benefits which I can't believe.

His most recent bout with this was turned over to workman's comp because the re injury took place on the job. Workman's comp denied his claim because his medical history showed he had a service related injury in the same area.

It has been 6 months of debilitating pain and even stress on his employment. One job was lost due to the injury and his current employer is getting tired of his not being able to preform not to mention his feeling defeated in life.

Can anyone direct us to a group that can help or even a starting point?

Thanks for your help.
I hate to be the messenger on this but a BCD means no help from the VA ever. Sorry. Im an old Jarhead ,and I know alot of good Marines from the Vietnam era got a BCD.
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Old 07-22-2016, 10:34 PM
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I hate to be the messenger on this but a BCD means no help from the VA ever. Sorry. Im an old Jarhead ,and I know alot of good Marines from the Vietnam era got a BCD.
This would be my understanding as well. Along with the BCD comes a loss of all privileges. You might want to run this by a military attorney as well, but I bet the final judgement of his court-martial contains all the language - loss of rank, loss of privileges, loss of backpay, loss of leave time.

I believe this is one of the few times where worker's comp doesn't kick in to cover as well, but again, I'd talk with an attorney who specializes in this sort of law.
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Old 10-25-2017, 11:28 PM
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I hate to be the messenger on this but a BCD means no help from the VA ever. Sorry. Im an old Jarhead ,and I know alot of good Marines from the Vietnam era got a BCD.
Your son can get benefits as long as he has at least one good discharge. I have one honorable, then received a bad conduct later down the road and have qualified for my GI Bill (which I used for my Bachelors degree) and I have my VA home certificate. One good discharge will lock him in regardless what he received afterwards.
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Old 10-26-2017, 06:50 PM
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I realize this is an older post, but there are possible changes afoot. The services are looking at the reality that PTSD and exposure to assorted chemicals while serving may well have contributed to bad conduct. There will be some sort of adjustment forthcoming (dependent, of course, on the current administration).
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Old 10-26-2017, 09:15 PM
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I realize this is an older post, but there are possible changes afoot. The services are looking at the reality that PTSD and exposure to assorted chemicals while serving may well have contributed to bad conduct. There will be some sort of adjustment forthcoming (dependent, of course, on the current administration).
This would be a welcome relief to a lot of people
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