Overview of Military and Veterans Law

Service members and veterans face a unique legal system that differs significantly from civilian law. The Uniform Code of Military Justice (UCMJ) governs everything from minor infractions to serious offenses, with proceedings such as courts-martial and administrative separations and discharges determining not just discipline, but a person’s military future.

Once separated from service, a veteran enters an entirely different legal framework, defined by the Department of Veterans Affairs (VA). The character of discharge often determines access to VA disability compensation, VA healthcare benefits, and GI Bill and education benefits.

The distinction between military law and veterans’ law isn’t just academic. It can mean the difference between receiving earned benefits and facing unnecessary obstacles. And when a claim is denied, the benefits appeals process can be just as complex as the initial filing. This article outlines what current and former service members need to know about their legal rights and when to turn to a military and veterans law attorney for help.

What Is Military and Veterans Law?

Congress enacted the Uniform Code of Military Justice (UCMJ) to govern all branches of the U.S. Armed Forces. It covers criminal offenses, discipline, discharge, and administrative separation in the military.

The U.S. Department of Defense (DOD) enforces the UCMJ through a separate legal system that includes courts-martial, non-judicial punishment, and administrative proceedings. It primarily applies to active-duty service members and reservists on federal orders.

Active-duty service members are fully governed by the UCMJ. Reservists and National Guard members are subject to the UCMJ when federally activated. They may be able to receive certain VA benefits if they meet the eligibility requirements.

The U.S. Department of Veterans Affairs (VA) oversees the Veterans Body of Administrative Law. It focuses on veterans’ access to federal benefits and services post-service. It covers several benefits for veterans and their families:

• VA Disability Compensation
• VA Healthcare Benefits
• GI Bill and Education Benefits
• Housing assistance, pensions, and vocational rehabilitation
• Legal avenues for benefit denials (benefits appeals process)

Service status determines jurisdiction in military or veteran’s law. When a service member is discharged, they are assigned a status:

• General (Under Honorable Conditions)
• Other Than Honorable
• Bad Conduct
• Dishonorable

The status assigned directly impacts their eligibility for VA disability compensation, VA healthcare benefits, and GI Bill and education benefits.

The Uniform Code of Military Justice (UCMJ) Explained

The USCMJ is the foundation of military criminal law. Its purpose is to maintain order, discipline, and justice within the military. It ensures there is a consistent legal standard across the different branches of the military.

People who are accused under the UCMJ have rights similar to those afforded to civilians, including:

• Right to remain silent
• Right to notice of charges
• Right to a defense attorney
• Right to a fair and impartial trial
• Right to call and cross-examine witnesses
• Right to appeal convictions

Addressing Misconduct Under the UCMJ

An Article 15 is a key term of the UCMJ. It allows commanders to address minor misconduct without a full courts-martial. It is commonly referred to as a “Captain’s Mast” (Navy/Coast Guard), “Office Hours” (Marine Corps), or “Article 15” (Army/Air Force).

Penalties of an Article 15 include a reduction in rank, extra duties, forfeiture of pay, or restriction to base. Service members may accept or refuse non-judicial punishment (NJP), in some cases, opting instead for a court-martial.

There are three types of courts-martial:

1. Summary courts-martial. For minor offenses and issues limited punishments.
2. Special courts-martial. For intermediate offenses. They are presided over by a military judge and include a panel (jury) unless waived. Maximum penalties issued are up to 1 year confinement, reduction in rank, forfeiture of pay, or bad-conduct discharge.
3. General courts-martial. Reserved for the most serious offenses. They are convened by a general officer with significant authority. The proceedings include a judge, panel (unless waived), defense, and prosecution. Those accused face maximum punishments, which include a dishonorable discharge, long-term confinement, and death.

Military service members can work with judge advocates (JAG) officers. These are military members who serve as legal advisors, prosecutors, and defense counsel. They provide legal support to commanders and service members.

Consequences of a UCMJ Conviction

If convicted under the UCMJ, service members face a range of administrative and legal consequences.

They could be discharged with a status of bad conduct or dishonorable. They could be reduced in rank, pay or given confinement. In some situations, there could be the creation of a criminal record.

These punishments can have further-reaching consequences. A service member may become ineligible for VA benefits, have fewer civilian employment prospects, have trouble upgrading discharge status, and suffer lasting reputation damage.

Navigating VA Disability Benefits and Appeals

The Department of Veterans Affairs (VA) administers VA disability compensation. These are monthly tax-free payments to veterans with service-connected disabilities.

The payments are intended to compensate for physical or mental impairments incurred or aggravated during military service. The intent is to compensate for the loss of earning capacity and quality of life. VA disability payments are distinct from military retirement pay or Social Security disability benefits.

Eligibly Requirements

To be eligible for VA disability payments, a veteran must have a discharge status of Honorable or General. They must also have a current medical diagnosis of a disabling condition. The condition must be service-connected, meaning it:

• Began during service
• Was caused by the service
• Was aggravated by the service

To receive payment, the VA determines a disability rating for the veteran between 0 and 100 percent in 10 percent increments.

Rating reflects the severity of the condition and its impact on earning ability. Ratings can be combined when multiple conditions are present. The greater the disability rating, the greater the monthly disability compensation. Veterans who receive a disability rating of 100 percent may also qualify for additional benefits like priority VA healthcare, dependent benefits, and home and vehicle grants.

Application Process

To receive benefits, a veteran must first submit a filing through the VA.gov online portal, Accredited Veterans Service Organization (VSO), or a Paper form (VA Form 21-526EZ). To have a successful claim, the veteran must have three elements:

1. A current medical diagnosis
2. Evidence of an in-service event, injury, or illness
3. A nexus (link) between the diagnosis and the in-service event

A veteran can include supporting evidence to prove these three elements. Typically, this is in the form of service treatment records, private medical records, statements from the veteran or others, and VA Compensation & Pension (C&P) exam results.

Appeals Process

Appealing a claim denial is a multi-stage and often lengthy process.

The first step is to file a Notice of Disagreement (NOD) and request a higher-level review. The denied claim is reviewed by a more senior veteran’s claims adjudicator. No new evidence is allowed with this type of appeal.

If the claim is denied again, then the veteran can submit a supplemental claim. This requires the submission of submission of new and relevant evidence. The final phase is to appeal to the Board of Veterans’ Appeals (BVA). The veteran may request a hearing or direct review by a Veterans Law Judge in the U.S. Court of Appeals for Veterans Claims (CAVC).

Hiring an experienced veteran’s law attorney can ensure correct initial filings and help avoid technical denials. Attorneys may charge fees only after a claim is denied and a successful appeal is achieved, often as a percentage of backpay awarded.

How To Apply for a Discharge Upgrade

The character of discharge that is assigned to a service member directly impacts their ability to receive VA disability compensation, VA healthcare, and GI Bill education benefits. A veteran may choose to seek an upgrade to their discharge status.

The assignment could have been unduly harsh, inequitable, or based on inaccurate or incomplete information. In some situations, a discharge status may be reconsidered if it was due to misconduct during service that was a direct result of service-connected Post-Traumatic Stress Disorder (PTSD), Traumatic Brain Injury (TBI), or other mental health disorders. A veteran can also provide evidence showing discrimination or administrative error. Discrimination by military personnel could be based on race, gender, or sexual orientation.

To apply for a discharge upgrade, a petition is filed with the Discharge Review Board (DRB). The board reviews discharges within the last 15 years. Reviews are limited to changes in the character of discharge. Each military branch has its own DRB. The board can review any discharge, regardless of age. It can change the character and narrative reason for discharge. This includes reviews of broader claims, including constitutional or legal errors.

Presenting Evidence To Support the Petition for Discharge Update

To have a successful claim, evidence needs to support the petition for change. Diagnoses and medical treatment records related to PTSD, TBI, or other conditions can support a petition for a change of discharge status. Service disciplinary records, evaluations, and deployment history can also provide supporting evidence. Fellow service members and veterans who served with the individual can provide supporting statements.

Discharge upgrade cases can be legally and procedurally complex. Having a knowledgeable military or veterans law attorney provide legal guidance can improve the likelihood of a successful petition. The lawyer will identify the appropriate board and legal strategy. They will draft a compelling narrative and legal argument. If required, the lawyer will represent the veteran at a personal hearing.

Employment Rights for Service Members and Veterans (USERRA)

The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects civilian job rights for service members. It applies to active duty military members, reservists, National Guard members, and veterans returning to the civilian workforce. It covers private employers, state and local governments, and federal agencies.

Service members have the right to be reinstated to their civilian jobs following military service if:

• They provide advance notice to their employer
• The length of service doesn’t exceed five years
• They return to work within a specified time after the end of service.

The law requires that returning employees be placed in the position they would have attained if they had not been absent.

Employers may not discriminate against individuals based on current or past military service, application for military leave, or an obligation to perform military duties. Employers also may not retaliate against individuals who file complaints or assist in investigations under USERRA.

Failure to rehire a service member after a deployment or period of training is a violation of the USERRA. Employers are also in violation if they terminate, demote, or reassign an individual due to military obligations. They also cannot refuse to promote an employee who missed work for a drill or training.

Military service members can pursue a remedy if their employer violates the USERRA. They could pursue reinstatement to their previous or escalated position, request back pay and benefits, and ask for legal fees and court costs.

Special Legal Protections for Active-Duty Members

Active military members face unique challenges when dealing with civil legal matters while serving, particularly during deployments or assignments away from home.

Federal laws offer specific legal protections to ensure service members are not unfairly penalized in civil courts or financial matters due to their military service. These protections help maintain financial and family stability and allow service members to focus on their duties without legal distractions.

The Servicemembers Civil Relief Act (SCRA) applies to civil legal matters. It protects against eviction, foreclosure, and default judgment. Service members and their dependents cannot be evicted from housing (renting below a certain threshold) without a court order.

Lenders must obtain a court order to pursue a foreclosure or forced sale of property. This protection applies to home loans obtained before service. Courts must appoint an attorney before entering a default judgment if the defendant is in military service and fails to appear. The SCRA also caps interest rates at 6 percent per year on certain financial obligations.

Active-duty status can complicate family law proceedings. Courts must consider how deployment affects parenting time and must avoid penalizing service members for military duties. SCRA protections may apply to prevent unfair garnishment or enforcement during active duty. Active duty may impact the ability to participate in hearings or meet deadlines. Some states have additional laws addressing custody for deployed parents.

Common Legal Issues for Veterans

Many military veterans face legal challenges after transitioning to civilian life. These issues often stem from the complexity of the veterans’ benefits system, service-related injuries or conditions, or socioeconomic instability. Legal assistance, through attorneys, legal clinics, or Veterans Service Organizations (VSOs), can be critical in resolving these problems and securing earned benefits.

Veterans may struggle to enroll in the VA healthcare system, maintain eligibility for specific healthcare services, or navigate the system’s administrative requirements. Issues are often compounded by a lack of legal guidance or misunderstandings about what services are available.

One of the most widespread legal issues among veterans is the denial of disabled veterans’ claims. The most common reasons for denial include lack of service connection, incomplete or inconsistent evidence, and missed deadlines. Denials require navigating the benefits appeals process, which is complex and time-consuming without legal support.

Service members can struggle with legal issues related to the GI Bill. They could be denied eligibility or misclassified under the Post-9/11 GI Bill. There could be school-related issues, such as improper tuition billing, deceptive practices by for-profit institutions, or sudden school closures. They may also struggle with the coordination of benefits when transferring GI Bill eligibility to family members.

Sadly, a pervasive legal struggle for many veterans is insecure housing and homelessness. They could face eviction or foreclosure, which is then compounded by the lack of available affordable housing. Chronic homelessness is also often linked to PTSD, disability, and substance abuse. alimony

Some veterans encounter the criminal justice system due to untreated mental health issues, substance abuse, or behavioral challenges related to service-connected conditions.

Finding a Lawyer for Your Military or Veterans Law Issue

Military and veterans law covers a wide range of legal issues affecting service members and veterans, from the Uniform Code of Military Justice and courts-martial to VA disability benefits, discharge upgrades, and employment rights under USERRA.

Because these areas of law involve specialized procedures and potential long-term consequences, working with an experienced military or veterans law attorney can make all the difference.

If you need legal guidance, use the Super Lawyers directory to find a qualified military and veterans law attorney near you.