Reading Room Document
Liability of Government for Retroactive Veterans' Benefits Where Discharges Are Upgraded
The document discusses the liability of the government to pay retroactive veterans' benefits to recipients of upgraded discharges. It concludes that the issuance of upgraded discharges under the Discharge Review Program will not impose substantial liability on the government for retroactive veterans' benefits. The document also presents a detailed explanation of the rules for determining the effective dates of awards of veterans' benefits and the limitations on retroactive benefits for different categories of veterans. It raises questions about the entitlement to retroactive benefits for veterans who have received upgraded discharges and the proportion of veterans who would be entitled to any retroactive payments.
The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit