LASP can help veterans with VA benefits, military discharge upgrades, and civil legal aid matters
Legal Aid of Southeastern PA’s Veterans Advocacy Project provides client-centered, trauma-informed, culturally-competent legal services to veterans experiencing or at risk of experiencing homelessness, income insecurity, and those living with disabilities in our community.
We can assist a veteran regardless of how long they served, component of service (active, reserve, National Guard), or discharge status. LASP can help veterans with:
VA benefits (including: initial applications and appeals, survivor’s benefits, and overpayments)
Military discharge upgrades
All of our other civil legal aid service areas (listed at lasp.org/services)
Prospective veteran clients can contact LASP's Veterans Advocacy Helpline at 610-283-0884.
During COVID-19, LASP attorneys are continuing to help veterans.
LASP offices are currently closed to the public due to COVID-19.
All LASP attorneys and staff are working. When working remotely, they are checking voicemail during regular business hours, Monday-Friday, 8:30 a.m.-4:30 p.m.
FAQs about VA benefits and Discharge Upgrades for veterans
Am I eligible for VA disability compensation?
You may be eligible for VA disability benefits or compensation if you meet both of the requirements listed here:
You have a current illness or injury that affects your mind or body, and
You served on active duty, active duty for training, or inactive duty training
And at least one of these must be true:
You got sick or injured while serving in the military—and can link this condition to your illness or injury, or
You had an illness or injury before you joined the military—and serving made it worse, or
You have a disability related to your active-duty service that didn’t appear until after you ended your service
Presumed disabilities
A chronic (long-lasting) illness that appears within one year after discharge, or
An illness caused by contact with contaminants (toxic chemicals) or other hazardous materials, or
An illness caused by your time spent as a prisoner of war (POW)
I have a less than honorable discharge, can I still apply for VA benefits?
YES! Even veterans with a less than honorable discharge may be eligible for benefits from VA. VA is required to conduct a “characterization of discharge” determination when an individual applies with a less than honorable discharge. This decision will determine if a veteran has a statutory or regulatory bar to benefits.
Even if an individual is found to be “dishonorable” for VA purposes, they may still be entitled to health care through VA for a service-connected disability under Chapter 17.
VA has denied my application for compensation and I disagree with their decision. What do I do next?
APPEAL! You have to file an appeal within 1 year of the initial decision in order to keep your effective date. There are multiple options when filing an appeal. Contact us to discuss your options and the best next steps for your particular claim.
VA denied my application for compensation, but I did not file an appeal. Can I still get benefits?
YES! We can request to reopen the previous application with new and relevant evidence.
I have received a notice from VA that they overpaid me. What can I do?
If the VA decides that you weren’t entitled to benefits you’ve already received, it “adjusts” your benefits retroactively, and sends you a letter saying that you’ve been overpaid. The VA Debt Management Center (DMC) will send you a notice telling you that VA plans to withhold your monthly payments until it has recovered the entire overpayment.
Once you get the first DMC notice, within 180 days, you’ll need to file a written waiver request—a request to cancel/waive the overpayment. HOWEVER, if you file no later than 30 days from the date on the notice, VA must continue to pay you your full monthly benefits while it’s processing the waiver request (which can take several months). If you file your waiver request after the 30-day deadline, VA will still process your request, but it will begin to withhold your benefits as specified.
Once you get the first DMC notice, you can also dispute the amount of the debt, and you can request a hearing. If you want to do any of these things, you should notify the VA in writing within 30 days of the notice. Technically, there’s no deadline for disputing the amount of the debt. But if you do so before the 30-day deadline, VA will continue to pay you until the dispute is resolved.
How can I get assistance with a discharge upgrade?
We can review your case, and potentially provide you representation, if you meet all the following criteria:
Received a General, Other Than Honorable (OTH), Bad Conduct (BCD), or Undesirable discharge;
AND, have one of the following:
Diagnosis of, or exhibit symptoms of, post-traumatic stress disorder (PTSD), traumatic brain injury (TBI), or other mental health condition, that contributed to the misconduct which led to the discharge; and/or
Experienced sexual assault/harassment while in service; and/or
At least 1 meritorious argument to present to the discharge review boards/boards of correction
LASP will also consider applications for veterans who were
Wrongfully discharged for a personality disorder or adjustment disorder;
Discharged under Don’t Ask, Don’t Tell or before (reason for separation does not need to specifically state DADT/homosexual conduct)
Are you a veteran experiencing, or at risk of experiencing, homelessness?
Connect with the Veterans Multi-Service Center (VMC)* immediately.
CALL 211 and let them know you’re a veteran to get connected.
The Supportive Services for Veteran Families (SSVF) program at VMC provides comprehensive supportive services to low-income Veterans who are currently experiencing homelessness or are at-risk of losing their leased homes. There are no costs to access these programs and VMC may be able to help you obtain the documents you need to apply.
*VMC/SSVF is a funder of LASP’s Veterans Advocacy Project
Are you a veteran in crisis or concerned about one?
Connect with the Veterans Crisis Line to reach caring, qualified responders with the Department of Veterans Affairs. Many of them are Veterans themselves.
This free support is confidential and available every day, 24/7.
Veteran resources for our community
Mental Health Resources
Vet Centers (eligibility criteria / other locations)
Bristol (Bucks County) | 2 Canals End Road, Suite 201B, Bristol, PA 19007
Phone: 215-823-4590Norristown (Montgomery County) | 320 East Johnson Highway, Suite 201, Norristown, PA 19401
Phone: 215-823-5245
The Steven A. Cohen Military Family Clinic at the University of Pennsylvania
Philadelphia, PA 19104
Toll free: 844-573-3146
Local: 215-898-1699
Bucks County
Department of Military & Veteran Affairs
55 E Court Street, 1st Floor, Doylestown, PA 18901
Phone: 215-345-3307
Chester County
Department of Veterans Affairs
601 Westtown Road, Suite 170, West Chester, PA 19380
Phone: 610-344-6375
Delaware County
Department of Veterans Affairs
201 W. Front Street, Government Center, Room G3, Media, PA 19063
Phone: 610-891-4646 or 610-891-4539
Email: DelcoVA@co.delaware.pa.usWe encourage all veterans to register a copy of their DD-214 with the Delaware County Recorder of Deeds so that an official copy is available on demand.
https://www.lasp.org/news/resources-for-veterans-delaware-county-bar-association
Montgomery County
Office of Veterans Affairs
Human Services Center, Norristown, PA 19404
Phone: 610-278-3285
Email: teamveterans@montcopa.org
Pennsylvania - Statewide
PALawHelp.org provides a page dedicated to veterans: palawhelp.org/issues/veterans-and-military
PA Veterans Real Estate Tax Exemption - The program provides real estate tax exemption for an honorably discharged veteran who served during a period of war, is 100% disabled from that service, a resident of the Commonwealth, and has a financial need.
PA Veterans Temporary Assistance - Provide temporary financial assistance to Veterans and their beneficiaries who reside in Pennsylvania for the necessities of life (food, shelter, fuel and clothing).
National Organizations & Other Assistance
US Department of Veterans Affairs
Veterans Health Administration - Locate VA Hospitals & Clinics / Apply for VA Health Care
National Cemetery Administration - Burial Benefits
National Veterans Legal Services Program (NVLSP) (Washington, DC)
Individual Representation
Phone: (202) 265.8305
Email: info@nvlsp.org
The Veterans Consortium Pro Bono Program (Washington, DC)
Discharge Upgrade Program
Phone: (202) 733-3324
Email: upgrades@vetsprobono.orgAppeal in the Court of Appeals for Veterans Claims
Phone: (202) 628-8164
Email: intake@vetsprobono.org
Swords to Plowshares Self-Help Guides - These guides were created to help veterans and advocates navigate the VA benefits and discharge upgrade processes on their own.
Further reading on our website:
Disclaimer
This website provides general information only. It does not constitute legal advice, nor does it substitute for the advice of an expert representative or attorney who knows the particulars of your case. Any use you make of the information on this website is at your own risk. We have made every effort to provide reliable, up-to-date information, but we do not guarantee its accuracy. Please contact the Legal Aid Veterans Advocacy Helpline (610-283-0884) to speak with us about your specific case.