Under a new rule published in the Federal Register, slated to take effect on June 25, a significant shift in policy will occur for veterans with ‘bad paper’ – discharges that are less than honorable. This change promises eligibility for full Department of Veterans Affairs (VA) benefits to those who can demonstrate extenuating circumstances, such as mental illness or traumatic brain injury, which contributed to the behavior that led to their discharge.
The move is noteworthy in its intent to recognize the complex realities facing service members, particularly those whose less than honorable discharges have historically precluded them from receiving essential support and resources. Yet, while the new rule could impact an estimated 125,000 veterans who have left the military with ‘bad paper’ since 2001, veterans’ advocacy groups warn that the changes may not go far enough and have expressed concerns regarding the implementation of this policy.
The VA’s track record has prompted skepticism about its ability to adequately inform and train staff on the new rule. Renee Burbank, director of litigation at the National Veterans Legal Services Program, underscored the importance of specific efforts by the VA “to educate their employees to ensure they properly serve any newly recognized veterans.” The need for such educational initiatives is underscored by reports of veterans like Adam Johnson and Gerald Crump, who encountered a lack of awareness about the rule change within local VA offices.
Despite the adoption of the rule change, which led to the dismissal of a lawsuit filed to compel the VA to apply “character of discharge” differently, advocates are wary. Dana Montalto, an attorney for the Veterans Legal Clinic at Harvard Law School, voiced concerns that the new rule “imposes a significant burden on veterans” due to the individualized reviews required for their circumstances. These reviews could be a lengthy process, and Maureen Siedor, legal director with Swords to Plowshares, pointed out that “a lot of discretion is left with VA adjudicators in determining benefits.”
Lisa Von Hagen, a veterans’ service officer, explained that such discharges significantly affect a veteran’s ability to secure healthcare, employment, and housing, often contributing to challenges like homelessness.
Recent budget boosts in the Pentagon and VA, including provisions for mental health support for veterans with other than honorable discharges, indicate a growing awareness of these issues at the congressional level.
Relevant articles:
– New rule qualifying veterans with ‘bad paper’ for VA benefits raises concerns about how it will be applied, Stripes, 05/02/2024
– 3 ways SoCal will benefit from boosts in Pentagon and VA budgets, LAist, 05/01/2024
– Mustangs finally get best of Dragons, Stars and Stripes, 05/01/2024
– Colombian army helicopter has crashed in a rural area of the country’s north, killing 9 soldiers, Stars and Stripes, 04/30/2024
– US military pier for Gaza costs $320 million, Pentagon says, Stars and Stripes, 04/29/2024