Military & Veterans Law
Military justice (UCMJ), veterans benefits, service member protections, and military family law.
Overview
Military and veterans law encompasses the legal systems governing active-duty service members, reservists, and veterans of the U.S. armed forces. The Uniform Code of Military Justice (UCMJ) establishes a complete criminal justice system for the military, with its own offenses, procedures, and courts (courts-martial). Military law also covers administrative separations, security clearances, military regulations, and the unique legal rights and obligations of service members.
Veterans law focuses on the extensive system of benefits and services provided to those who have served in the armed forces. The Department of Veterans Affairs (VA) administers healthcare, disability compensation, education benefits (GI Bill), home loan guarantees, and other programs. Veterans' disability claims are adjudicated through a specialized system including VA regional offices, the Board of Veterans' Appeals (BVA), and the U.S. Court of Appeals for Veterans Claims.
Service member protections include the Servicemembers Civil Relief Act (SCRA), which provides legal protections for active-duty military in civil matters such as interest rate caps, eviction protections, and stays of civil proceedings. The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects service members' civilian employment rights. Military family law addresses unique issues including divorce, custody, and support in the context of military service, deployments, and the division of military retirement benefits.
Key Statutes
Uniform Code of Military Justice (UCMJ)
10 U.S.C. §§ 801-946a
The military criminal code establishing offenses, procedures, and punishments for members of the armed forces.
Servicemembers Civil Relief Act (SCRA)
50 U.S.C. § 3901 et seq.
Provides civil legal protections for active-duty service members including interest rate caps, eviction protections, and stays of legal proceedings.
USERRA
38 U.S.C. § 4301 et seq.
Protects service members' civilian employment rights including reemployment after military service and prohibition of employment discrimination.
Post-9/11 GI Bill
38 U.S.C. § 3301 et seq.
Provides education benefits including tuition, housing allowance, and book stipend for veterans who served after September 10, 2001.
VA Disability Compensation
38 U.S.C. § 1110 et seq.
Provides monthly tax-free payments to veterans with service-connected disabilities rated 0-100%.
Key Cases
Ortiz v. United States
585 U.S. 588 (2018)
Affirmed that the U.S. Court of Appeals for the Armed Forces functions as an Article I court subject to Supreme Court review.
Arbaugh v. Y&H Corp.
546 U.S. 500 (2006)
Clarified jurisdictional standards relevant to USERRA claims and other employment statutes.
Henderson v. Shinseki
562 U.S. 428 (2011)
Held that the 120-day deadline for filing an appeal with the Court of Appeals for Veterans Claims is not jurisdictional and is subject to equitable tolling.
Key Regulations
VA Adjudication Procedures Manual (M21-1)
Department of Veterans Affairs
Detailed guidance for VA adjudicators on processing and deciding veterans' disability compensation claims.
Manual for Courts-Martial (MCM)
Department of Defense
Presidential executive order containing the rules of procedure and evidence for courts-martial proceedings.
DoD Directive 1332.14
Department of Defense
Policy and procedures for administrative separations of enlisted personnel from the armed forces.
Common Forms
Frequently Asked Questions
How do I file a VA disability claim?
File VA Form 21-526EZ online through VA.gov, by mail, or in person at a VA regional office. You need your DD-214, medical evidence linking your condition to military service, and a current diagnosis. The VA will schedule a Compensation & Pension (C&P) exam. Disability ratings range from 0% to 100% in increments of 10%. Consider working with a Veterans Service Organization (VSO) like the VFW or DAV for free assistance.
What protections does the SCRA provide?
The SCRA provides active-duty service members with: a 6% interest rate cap on pre-service debts, protection from eviction if rent is below a certain amount, the right to terminate residential and vehicle leases, protection from default judgments, and the ability to stay civil court proceedings. These protections generally apply during active duty and for a period after release, depending on the specific provision.
How does military retirement pay division work in divorce?
Under the Uniformed Services Former Spouses' Protection Act (USFSPA), state courts can divide military retirement pay as marital property in divorce. The former spouse may receive direct payment from DFAS if the marriage overlapped with at least 10 years of military service (the '10/10 rule'). The maximum direct payment is 50% of the member's disposable retired pay. This does not establish an entitlement — it merely permits state courts to divide the benefit.
Recent Developments
Military and veterans law has seen significant developments including military justice reforms under the UCMJ (particularly regarding sexual assault prosecution through the creation of independent special trial counsel), expansion of VA healthcare eligibility under the PACT Act for veterans exposed to burn pits and toxic substances, updates to the GI Bill including the Forever GI Bill's removal of the 15-year usage deadline, and ongoing efforts to reduce the VA disability claims backlog through modernization and automation. The VA has also expanded mental health and suicide prevention services.
State Variations
While military law is exclusively federal, states provide additional benefits and protections for service members and veterans. These include state veterans' benefits (property tax exemptions, state education benefits, hiring preferences), state-level SCRA protections exceeding federal requirements, veterans' courts for criminal cases involving veteran defendants, and state licensing accommodations for military spouses. States also vary in their treatment of military retirement in divorce, military-related tax exemptions, and veteran hunting/fishing license privileges.