FAQ

  • Military Discharge FAQ

    • I do not have an Honorable Discharge. Am I still eligible for VA Disability?
      It depends. The VA has its own system to determine whether a Veteran has an Honorable discharge for the purposes of VA disability. One of Attorney Cerra’s most satisfying cases, for both he and the client, was reversing a determination by the VA that the Veteran’s service was not honorable. The determination, which had been in place for 15 years, was reversed and the Veteran was quickly rated at 100% disabled for injuries incurred while deployed.
    • I have been out of the Military for a long time, is it too late to apply for a discharge upgrade?
      No, it is never too late to look into applying for a discharge upgrade. The two different boards, the Discharge Review Boards and the Board of Correction for Military Records, have different time requirements. Contact us to learn more about how to proceed.
    • I have been out of the Military for a long time, is it too late to apply for VA disability?
      No, it is never too late to apply for VA disability. Evidence of an in service injury or disease may be in your Service Treatment Records. With access to your VA file, Attorney Cerra can review your military records and find the evidence.
    • What standard does each Board use in determining if you are eligible for a discharge upgrade?
      The Discharge Review Board uses the standards of inequity and impropriety. The Board of Correction for Military Records uses the standard of error or injustice. Contact us to learn which Board may be right for you.
    • I have been denied VA disability. What should I do?
      You should act now. Typically, you have one year to appeal a VA disability decision. There are multiple lanes of appeal, each one with specific requirements. Attorney Cerra is skilled at navigating each lane, and will help you choose the appropriate lane and gather the evidence you need to be successful in your appeal.
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