VA Amends Character Of Discharge Barriers: Who Is Eligible For Benefits?

The US Department of Veterans Affairs (VA) introduced a new regulation in order to expand eligibility for benefits, even for veterans discharged under less favorable circumstances. Typically, former service members must have a discharge status under conditions other than dishonorable (such as honorable, general, or under honorable conditions) to qualify for benefits. Although the VA cannot alter a discharge status given by the Department of Defense, it is responsible for determining eligibility for VA benefits for those discharged dishonorably.

Eligibility and Character of Discharge Review

When a veteran files a claim, the VA reviews the character of their discharge to decide if they meet the basic requirements for benefit eligibility. While discharges under honorable conditions automatically satisfy these criteria, certain types of discharges require additional review, particularly if misconduct or other factors were involved.

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Key Changes to the Regulation

The updated regulation significantly broadens the scope of who can access VA benefits by:

• Removing the bar related to “homosexual acts involving aggravating circumstances or other factors impacting duty performance.”
• Clarifying when the willful and persistent misconduct bar applies.
• Introducing "compelling circumstances exceptions" for the statutory bar on being absent without leave (AWOL) for 180 days or more, as well as for regulatory bars linked to moral turpitude and persistent misconduct.
• These adjustments aim to make the discharge review process more objective and lead to more uniform decision-making. This is the first major update in over 40 years and is expected to increase the number of veterans eligible for VA benefits based on honorable service determinations for VA purposes.

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It’s important to note that this VA determination process does not change a veteran's official discharge status with the Armed Forces. The decision solely affects VA benefits eligibility.

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If your discharge falls under the new guidelines, or if you believe exceptional circumstances should be considered, the VA encourages you to apply for benefits and care. Veterans who previously received a negative character of discharge determination can submit a supplemental claim using VA Form 21-0995. This allows for a reevaluation of their record under the updated regulations.