The Department of Veterans Affairs has announced a significant regulatory change aimed at expanding access to VA health care and benefits for veterans who did not receive honorable discharges due to reasons including misconduct, mental health issues related to combat, or sexuality. This initiative represents a concerted effort by the VA to re-evaluate the “character of discharge” status that has historically barred certain veterans from receiving the department’s services.
Historically, the character of discharge has been a determining factor in eligibility for VA benefits, often leaving those with less than honorable discharges without access to essential health care services. This paradigm is shifting as the VA now pledges to consider the length and quality of service, alongside confounding issues, to determine eligibility—a move that could benefit many of the over half a million veterans who have received other than honorable discharges, including at least 125,000 post-9/11 veterans.
Key to this reform is the creation of a “compelling circumstances exception,” which allows for discretion in cases where there may be mitigating factors, such as mental health issues stemming from combat, discrimination, or sexual assault. VA officials have expressed that this change provides a new avenue to extend services to former service members deserving of support. The move also abolishes the previous regulatory bar that prohibited benefits for individuals dismissed due to “homosexual acts involving aggravating circumstances or other factors affecting the performance of duty.”
VA Secretary Denis McDonough emphasized the department’s commitment: “We encourage former service members with other than honorable discharges to apply for VA care and benefits today. 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.”
Over the past decade, the VA has approved approximately 75% of the applications it received under its character of discharge review, delivering benefits to over 57,000 service members. With these regulatory changes, the department is actively encouraging those previously denied to reapply, as they may now qualify under the revised guidelines.
The revised policy is not without its limitations, however. Veterans who received dishonorable discharges, or those convicted of severe offenses such as desertion or mutiny, are still excluded from VA benefits. The new regulation also does not alter the military’s original discharge status, though veterans can seek discharge status changes through their service’s military records correction boards.
The announcement comes after two veterans organizations, the National Veterans Legal Services Program and Swords to Plowshares, filed a petition when the VA missed a court deadline to publish the new rule. While welcoming the new regulation, these groups have stressed the importance of ensuring VA employees are adequately informed to serve newly recognized veterans effectively.
Relevant articles:
– VA Opens Door for More Vets with Other Than Honorable Discharges to Receive Health Care and Benefits, Military, 04/26/2024
– VA expands access to care, benefits for some former servicemembers who did not receive an honorable or general discharge, The American Legion, Thu, 25 Apr 2024 13:52:30 GMT
– VA expands benefits options for vets with other-than-honorable status, Military Times, Thu, 25 Apr 2024 16:01:50 GMT