Midwest Military & Veterans Law, PLLCMidwest Military & Veterans Law, PLLC2026-07-03T13:00:42Zhttps://www.militaryandveteranslaw.com/feed/atom/WordPress/wp-content/uploads/sites/1103547/2023/12/cropped-site-icon-32x32.jpgOn Behalf of Midwest Military & Veterans Law, PLLC<![CDATA[When a military disability rating is unfairly low]]>https://www.militaryandveteranslaw.com/?p=473642026-07-03T13:00:42Z2026-07-03T13:00:42Zdetermines the benefits the veteran receives. In some cases, veterans may need help appealing an unfairly low determination.
Appealing disability ratings can be difficult
Military veterans already dealing with medical complications may struggle to navigate the VA's benefits system. Not only can it be difficult to understand the rating system the VA uses, but it may also be difficult for veterans to manage the bureaucratic process necessary to correct an inappropriately low disability rating.
Veterans can file a supplemental claim if they have new evidence to support their disability claim. They can ask for a higher-level review if they believe the initial rating was an error based on the evidence already submitted. They can also request a formal appeal at the Board of Veterans' Appeals. Legal professionals who have experience with military law can help manage paperwork, collect medical documentation and present a compelling case about a veteran’s disability benefits.
Reviewing one’s current disability rating and how it fails to account for a veteran's functional limitations can help frustrated veterans understand their options. The advocacy of a legal professional familiar with military law can help veterans correct an inaccurately low VA disability rating.]]>On Behalf of Midwest Military & Veterans Law, PLLC<![CDATA[Stigmatizing military discharge documents]]>https://www.militaryandveteranslaw.com/?p=473612026-06-22T14:35:16Z2026-06-22T14:35:16ZOne issue with military discharge documents and classifications is that they can carry certain stigmas. These can harm a person's reputation even after they are discharged from the military. A discharge designation could affect a veteran's career and opportunities moving forward, which is why people often want to rectify these issues if they do not feel that the designation truly matches the situation that occurred.
This is especially clear in cases where someone receives a dishonorable discharge. They have been accused of some form of misconduct by the military. They may feel they did nothing to warrant this black mark on their record. But even when somebody is given a general discharge, they may argue that it is stigmatizing when compared to an honorable discharge. That was the case in a lawsuit brought by two military veterans. They believed they deserved honorable discharges due to mental health conditions, but they were instead given general discharges.
Disagreement over the details
The issue often stems from disagreements over how the discharge took place.One of the veterans in the aforementioned lawsuit served in Afghanistan throughout 2010 but was later diagnosed with a traumatic brain injury (TBI) and PTSD. She then missed military drills with excuses from her doctor, based on those diagnoses.However, the military still determined that she was absent without leave in May 2012. They claimed she had unsatisfactory participation and gave her a general discharge. She believed she should have received an honorable discharge because the PTSD and TBI prevented her from fulfilling her military duties.There are options to challenge a discharge designation, and it can help to work with an experienced attorney.
]]>On Behalf of Midwest Military & Veterans Law, PLLC<![CDATA[Correcting harmful errors in your military record]]>https://www.militaryandveteranslaw.com/?p=473592026-06-10T23:03:36Z2026-06-10T23:03:36Zcorrection of military records offers a path to fix these issues, but the process is complex.
When a correction becomes necessary
Some mistakes require formal action because they create lasting harm and often involve more than simple clerical errors. Common problems you may be able to correct include:
Inaccurate performance evaluations that misrepresent duties or achievements
Unfair reprimands that remain in a file long after the underlying issue was resolved
Incorrect separation codes that limit employment or benefits
Missing awards or qualifications that affect advancement
Faulty medical entries that influence disability evaluations
These concerns can undermine a service member’s record on a long-term basis. A correction request helps ensure that the official file reflects the truth.
How the correction process works
The Board reviews applications that present clear evidence of an error or injustice. For the best possible outcome, applicants must gather documents, obtain witness statements and provide service records to support the request.
A strong submission should explain how the mistake or oversight occurred and why it continues to cause harm. The Board then evaluates the materials provided and issues a written decision.
Why guidance matters
The correction system involves strict rules, deadlines and evidentiary standards, but a well prepared submission improves the chances of success. Skilled legal guidance can help you identify the strongest arguments and assemble the right documentation for your case.]]>On Behalf of Midwest Military & Veterans Law, PLLC<![CDATA[A DD-214 can impact civilian life]]>https://www.militaryandveteranslaw.com/?p=473572026-05-29T12:20:39Z2026-05-29T12:20:39ZA military servicemember who is discharged with anything other than an honorable discharge may wonder how their discharge is going to affect their life after the military. One of the most important discharge records that a veteran has is the DD-214, which summarizes key details about the person’s service, such as the dates of service, discharge status, training and awards. The DD-214 is also the basis of several benefits that military members receive after they’re discharged. The discharge type can have an impact on their ability to receive employment, education, housing, retirement and medical benefits. It can also negatively affect any services offered by the Department of Veterans Affairs.
Some DD-214 forms can be limiting
Some people don’t realize that there are more than just two types of discharges. They’re so accustomed to hearing about honorable and dishonorable discharges that they don’t know about other-than-honorable, bad conduct or general discharges. All of these discharges, except honorable, can limit a person’s ability to receive any type of benefits. In some cases, there are errors on a person’s discharge papers. This can affect how agencies and employers understand the record. Even a small error can become a large problem if it affects the person’s eligibility for services or benefits. Even if a person’s discharge documents are accurate in noting a discharge that’s anything other than honorable, there might be a chance that they can have it changed. Working with someone who’s familiar with matters related to military discharge may be beneficial to help the individual qualify for the services and benefits they deserve as a result of their service in the military.
]]>On Behalf of Midwest Military & Veterans Law, PLLC<![CDATA[5 limitations of non-judicial punishment]]>https://www.militaryandveteranslaw.com/?p=473552026-05-18T17:59:33Z2026-05-18T17:59:33ZNon-judicial punishment allows military commanders to address certain disciplinary matters without taking a case to court-martial. These proceedings are often used for less serious offenses and may still result in penalties involving rank, pay or additional duties.
Even though the process is less formal than a criminal trial, commanders must still follow important procedural limits. If you are facing disciplinary action, understanding those limits may help you better evaluate your options and protect your military record.
1. There are time limits that apply
Military rules generally prevent commanders from imposing non-judicial punishment for offenses committed more than two years earlier unless you knowingly waive that protection. Delays in reporting or investigating alleged misconduct may therefore affect whether disciplinary action remains available.
2. A service member cannot be punished more than once for the same offense
If non-judicial punishment has already been imposed for a specific offense, additional punishment under Article 15 generally cannot be imposed again for the same conduct. This limitation helps prevent repeated disciplinary penalties for one incident.
3. Related offenses are handled together
When several known offenses arise from the same event or course of conduct, military procedures generally require commanders to address those matters together instead of imposing separate punishments at different times. This rule is intended to reduce unfair repeated disciplinary actions tied to the same situation.
4. Punishment generally cannot be increased later
Once punishment becomes final, commanders are generally prohibited from later increasing the severity of the penalty. For example, additional restrictions, forfeitures or disciplinary measures usually cannot be added after the original decision has already been imposed.
Military authorities are also limited when civilian courts become involved. In many situations, non-judicial punishment cannot be imposed for conduct already tried in a United States civilian court. Additional restrictions may also apply when cases involve state or foreign court proceedings.Although non-judicial punishment is less formal than court martial proceedings, the outcome may still affect your career, finances and future opportunities within the armed forces. Understanding your rights under military law and seeking legal guidance may help you make informed decisions before responding to disciplinary action.]]>On Behalf of Midwest Military & Veterans Law, PLLC<![CDATA[Why you might need a lawyer after a non-judicial punishment]]>https://www.militaryandveteranslaw.com/?p=473502026-05-02T21:53:43Z2026-05-02T21:53:43ZA non-judicial punishment can feel less serious than a court process, but it can still affect your military record, rank, pay and future opportunities. Many service members do not fully understand the long-term impact until after the decision is made.
Because the process moves quickly, knowing your rights matters. Having the right support can help you respond carefully, avoid mistakes and make informed choices.
Understand what happened
A non-judicial punishment is usually used for minor military offenses and allows a commanding officer to review the facts, hold a hearing and decide whether discipline is appropriate.Even though it is not the same as a trial, the consequences can still be serious and therefore, understanding the exact allegation and possible punishment is the first step.
Review your rights
Service members have important rights during the process and in some situations, they may be allowed to refuse the process and request a formal hearing instead. This is not a light decision since it depends on the facts, evidence and possible risks.
Assess the possible penalties
Punishments can vary based on rank, branch and the authority of the officer involved. They may include restriction, extra duties, loss of pay, reprimand or reduction in rank.It is worth noting that these outcomes can affect promotions, assignments and reputation. Reviewing the possible penalties thoroughly helps you understand what is at stake.
Consider whether to appeal
If the punishment seems unfair or too severe, an appeal may be possible but it must be made in writing and submitted within a specific time.A strong appeal should explain why the decision was unjust or disproportionate. At this juncture, it is important to have clear facts and supporting information.
Final thoughts
A non-judicial punishment should never be ignored because even when the offense seems minor, the impact can be lasting.Getting reliable legal guidance can help you understand your rights, evaluate your options and protect your military future with greater confidence.]]>On Behalf of Midwest Military & Veterans Law, PLLC<![CDATA[5 determinations made by a Physical Evaluation Board]]>https://www.militaryandveteranslaw.com/?p=473472026-04-15T11:40:47Z2026-04-15T11:40:47ZA Physical Evaluation Board (PEB) has the official capacity to make decisions regarding a service member’s physical condition and ability to serve. These determinations can have a serious impact on someone’s future career or benefits, depending on whether the PEB believes they meet specific standards.
In some cases, a service member may disagree with the evaluation carried out by the PEB. They should be given a chance to review this information, and they may be able to appeal the decision or take other steps to have their records updated. There are five key determinations that the board will make:
Whether or not the service member is fit enough to continue service
If they are eligible for compensation based on a disability
What disability code applies to their case and the percentage rating of that disability
The disposition of the case
If the illness or injury that the service member is suffering is combat-related
Service members do need to provide medical evidence about their conditions and any care they have received.
The impact of the determination
Once the aforementioned determinations have been made, it can have a major impact on whether or not a service member can continue in the military and if they are eligible for benefits. For instance, the board may set a disability percentage rating that is far lower than the service member believes is accurate. This can change the type of compensation and benefits they receive. They may be interested in appealing this decision so that they can seek the full level of benefits they believe they deserve, securing their future.This can be a complicated process, but it is very important to understand exactly what legal steps to take. It can be helpful to work with an experienced attorney.]]>On Behalf of Midwest Military & Veterans Law, PLLC<![CDATA[What people often misunderstand about adultery in the military]]>https://www.militaryandveteranslaw.com/?p=473452026-03-28T20:57:32Z2026-03-28T20:57:32ZThe standard for adultery is complex
Angry spouses sometimes involve the chain of command in what should be a private matter. When they allege that adultery occurred during military service, the service member spouse is at risk of significant professional consequences. In some cases, service members who are unfamiliar with the rules regarding adultery or their rights during disciplinary hearings make mistakes and admit to misconduct that may not have technically violated the UCMJ.
Generally speaking, adultery on its own is not sufficient reason to discipline a service member. The extramarital affair typically needs to have impacted the service member’s performance on the job, damaged the reputation of the military or affected discipline. Factors such as a prior separation from a spouse can also be relevant.
Seeking a correction of inaccurate military records or an upgrade of a prior discharge could be helpful for service members trying to move on after a divorce. The insight of a legal professional experienced with the UCMJ can be invaluable for those rebuilding after interpersonal issues intersect with a military career.]]>On Behalf of Midwest Military & Veterans Law, PLLC<![CDATA[Getting an upgrade for a “don’t ask, don’t tell” discharge]]>https://www.militaryandveteranslaw.com/?p=473432026-03-12T20:35:41Z2026-03-12T20:35:41Zreceived discharge upgrades. For others with more convoluted military records, it might be necessary to officially request a discharge upgrade.
Obfuscation is a common issue
The social stigma related to homosexuality was once pervasive. Service members discharged because of their orientation likely already faced an uphill battle seeking employment and other opportunities due to the less-than-honorable discharge on their records.
Members of the chain of command may have intentionally avoided including details about the suspicions regarding a service member’s orientation during their separation. The goal may have been to shield them from social fallout and lost opportunities. However, since the repeal of “don't ask, don't tell,” those indirect or unclear records may have held prior service members back from the discharge upgrades they deserve.
In cases where an automatic upgrade has not occurred, former service members may need assistance petitioning for a discharge upgrade. Discussing the circumstances surrounding with a discharge with an experienced legal professional can help those affected by “don't ask, don't tell” correct their old records.]]>On Behalf of Midwest Military & Veterans Law, PLLC<![CDATA[How can an Article 15 affect a military career and future benefits?]]>https://www.militaryandveteranslaw.com/?p=473412026-03-02T11:31:49Z2026-03-02T11:31:49ZPeople in the military are bound by certain standards, laws and procedures that aren’t present in the civilian world. One of these is non-judicial punishment, which is often referred to as an Article 15. This is a disciplinary process that is found in the Uniform Code of Military Justice, which allows commanders to address specific cases of misconduct without having to refer the matter to a court-martial. Even though an Article 15 isn’t a criminal conviction, it can have a significant impact on the servicemember’s career and future.
What can be handled with an Article 15?
Article 15 proceedings are used to handle minor offenses. The servicemember is informed of the misconduct they’re being accused of, and evidence is provided. At that point, the military member has to determine if they are willing to go through the Article 15 or if they want to push the matter to a trial by court-martial. There are some exceptions to that possibility. For example, court martials might not be possible on deployments or ships, so eligible matters might be automatically handled through an Article 15.If an Article 15 moves forward, the evidence and servicemember’s statements are considered. The commander will determine if the offense occurred, as well as what punishment will happen if the determination is affirmative.
What are the possible consequences of an Article 15?
Penalties that are common for an Article 15 include formal reprimands, reduction in rank, forfeiture of pay, extra duties or being placed on restriction. In the immediate term, these can lead to a reduction in earnings and may influence future performance evaluations. It may impact security clearance evaluations, reenlistment options, and special training eligibility. It may also have a negative impact on the type of discharge the person receives. Because the potential consequences are significant, it’s critical for members of the military to fully understand this process. Seeking assistance from someone familiar with these matters is beneficial. ]]>