VA Eases Access to Benefits for Under-Represented Veterans
On June 25, 2024, the VA posted a final rule amending its regulations regarding character of discharge determinations, which expanded access to VA care and benefits for some former service members who were 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, the VA carefully review their records to determine if they can provide the veteran with the requested care and benefits. 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.
VA’s new regulation will expand access to care and benefits for certain former service members by:
Eliminating the regulatory bar for “homosexual acts involving aggravating circumstances or other factors affecting the performance of duty” as a bar to benefits. While the VA had already taken steps to ensure full and fair access to benefits for former service members discharged based on homosexual conduct, gender identity, or HIV status, this move further solidifies VA’s commitment to reducing disparity for these groups in the adjudication process.
Creating a “compelling circumstances exception” for certain former service members: Meant for certain former service members discharged for “willful and persistent misconduct” or an “offense involving moral turpitude,” VA will now consider and determine if a compelling circumstances exception will permit VA to nonetheless provide care and services. Under this exception, VA will consider the former service member’s length and character of service, mental and cognitive impairment, physical health, combat-related hardship, whether the person was the survivor of sexual abuse/assault or discrimination, and more. This new exception creates a new path for VA to provide benefits and services to deserving former service members.
These changes open the door for previously denied service members to reapply: Because of these changes, former service members previously found ineligible for VA services may now be eligible for benefits and are encouraged to re-apply.
The Nevada County Veterans Services Office encourages former service members with other than honorable discharges and bad conduct discharges (adjudged at special court-martial) to come and visit our office for assistance with applying for VA care and benefits. Although the VA cannot change your discharge status, our office wants to assist these veterans with obtaining any health care or benefits that we can, and we will work with them every step of the way.
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