The Department of Veterans Affairs (VA) is updating its regulations regarding which former service members qualify for VA benefits.
In an April 25 news announcement, the VA said the changing regulations involve the “character of discharge determinations, expanding access to VA care and benefits for some former service members discharged under other-than-honorable conditions or by special court-martial.
“When former service members with other than honorable discharges and bad conduct discharges (adjudged at special court-martial) apply for VA benefits and services, we carefully review their records to determine if we can provide them the requested care and benefits,” the announcement added. “This process helps ensure that VA can provide services to deserving former service members — including certain individuals who faced discrimination, survived sexual assault or harassment, struggled with their mental or physical health, or faced other challenges while serving in the military.”
The new regulations, for example, eliminates “the regulatory bar for homosexual acts involving aggravating circumstances or other factors affecting the performance of duty as a bar to benefits.”
VA said it will also consider providing benefits “for certain former service members discharged for willful and persistent misconduct or an offense involving moral turpitude” based on considerations such as length and character of service, mental or cognitive impairment, physical health, combat-related hardship, and whether the former service member experienced sexual abuse or assault or discrimination.”
“This new exception creates a new path for VA to provide benefits and services to deserving former service members,” the announcement said.
VA said former service members who had previously been found ineligible for benefits “are encouraged to reapply.”
In the past 10 years, VA has provided benefits to 75% of such former service members.
“We encourage former service members with other than honorable discharges to apply for VA care and benefits today,” said VA Secretary Denis McDonough in the announcement. “Although VA cannot change your discharge status, we want to provide you with any health care or benefits we can — and we will work with you every step of the way to do exactly that.”
The final rule — “Update and Clarify Regulatory Bars to Benefits Based on Character of Discharge” — was published in the Federal Register on April 26.
