The Department of Veterans Affairs has recently implemented a final rule to amend its regulations concerning character of discharge determinations, aiming to broaden access to VA care and benefits for certain former service members who were discharged under conditions other than honorable or through special court-martial proceedings.
When former service members with other than honorable discharges and those discharged by special court-martial apply for VA benefits and services, their records are thoroughly examined to assess eligibility for the requested care and benefits. This meticulous process ensures that deserving former service members, including those who may have experienced discrimination, survived sexual assault or harassment, struggled with mental or physical health issues, or encountered other challenges during their military service, can access VA services.
The new regulation introduced by the VA expands access to care and benefits for certain former service members through several key provisions:
- Removing the regulatory barrier for certain acts, such as “homosexual acts involving aggravating circumstances or other factors affecting the performance of duty,” as a basis for denying benefits. This action reinforces VA’s commitment to reducing disparities for groups previously affected by discriminatory practices in the adjudication process.
- Establishing a “compelling circumstances exception” for certain former service members discharged for misconduct or offenses involving moral turpitude. This exception allows VA to consider factors such as the individual’s length and quality of service, mental and physical health, combat-related hardships, experience of sexual abuse or assault, and more, to determine eligibility for care and services.
- Facilitating reapplication for former service members previously denied VA services due to their discharge status. With these changes, individuals who were previously ineligible may now be eligible for benefits and are encouraged to reapply.
Former service members with other than honorable discharges and those discharged by special court-martial are encouraged to apply for VA care and benefits. Over the past decade, the VA’s eligibility determination rate for these individuals has been 75%, indicating that a significant portion have received care or benefits from the VA.
While VA cannot alter a service member’s discharge status, it is committed to providing health care and benefits to the extent possible. Extensive outreach efforts have been made to inform eligible service members about available benefits, resulting in a notable increase in applications for VA care or benefits in recent years.
It’s important to note that VA’s character of discharge determination does not alter the Armed Forces’ characterization of service or affect a former service member’s military discharge status. VA’s determination solely pertains to eligibility for VA benefits and services.
Former service members who received honorable or general discharges under honorable conditions typically meet the character of discharge requirement for basic eligibility for most VA benefits. However, individuals with other discharge statuses are not automatically disqualified from receiving VA care or benefits, except in specific cases such as dishonorable discharges, desertion, mutiny, extended AWOL, espionage, or certain court-martial discharges. VA may consider a compelling circumstances exception for AWOL cases when appropriate.
For further information on applying for benefits and character of discharge, individuals can learn more through VA resources.
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