VA benefits after a General (Under Honorable) separation for fraudulent enlistment.

[vet2wsx1qaz]

Good Afternoon,
If someone receives an Administrative Separation for fraudulent enlistment and gets discharge of General (Under Honorable), do they still qualify for VA health and compensation benefits? I read this passage at the bottom and am unsure if it applies to a discharge due to "suspicion of drug use and purchase while in highschool" without any charges or NJPs or Court Martial's.
So if one receives a discharge as a General (Under Honorable) for fraudulent enlistment, they rate VA disability,
but, if they receive an Other Than Honorable, Bad Conduct, or Dishonorable Discharge for the same offense, then they are barred from benefits?
"Where an enlistment is voided by the service department because the person did not have legal capacity to contract for a reason other than minority (as in the case of an insane person) or because the enlistment was prohibited by statute (a deserter or person convicted of a felony), benefits may not be paid based on that service even though a disability was incurred during such service. An undesirable discharge by reason of the fraudulent enlistment voids the enlistment from the beginning."
reference: https://www.law.cornell.edu/cfr/text/38/3.14
thank you for any legal advice / clarification

 

[xylene]

Perhaps you could spell out your specific situation a bit more clearly.

Bottom line: "Someone" is very likely going to need a military law lawyer to have any chance to get benefits if they have already been denied.

 

[PayrollHRGuy]

What was the fraudulent enlistment?

 

[FlyingRon]

I can bet it was failure to disclose the drug incidents in the enlistee's history.

 

[adjusterjack]

So if one receives a discharge as a General (Under Honorable) for fraudulent enlistment, they rate VA disability,
but, if they receive an Other Than Honorable, Bad Conduct, or Dishonorable Discharge for the same offense, then they are barred from benefits?

Here are the eligibility requirements:

https://www.va.gov/health-care/eligibility/
If you still have questions, visit the local VA Medical Center and find the eligibility office or advocate office.