The Department of Veterans Affairs has announced a significant change in its regulations to expand access to VA care and benefits for some former service members who did not receive an honorable or general discharge. VA Secretary Denis McDonough emphasized the importance of providing care and benefits to deserving former service members, stating, "We encourage former service members with other than honorable discharges to apply for VA care and benefits today."
Under the new regulation, VA will now consider a "compelling circumstances exception" for certain former service members discharged for misconduct or offenses involving moral turpitude. This exception takes into account various factors such as the former service member's length and character of service, mental and physical health, combat-related hardships, and experiences of sexual abuse or discrimination.
Josh Jacobs, Under Secretary for Benefits, reiterated the VA's commitment to assisting former service members, stating, "When you apply – as with all VA benefits – we will do everything in our power to get to yes."
The changes implemented by VA aim to address disparities and provide a new path for eligible former service members to receive benefits and services. VA has seen a significant increase in the number of service members applying for care or benefits in recent years, with over 10,000 applications in 2023 compared to approximately 1,700 in 2012.
It is important to note that the character of discharge determination by VA does not change the Armed Forces' characterization of service and does not affect the former service member's military discharge status. Former service members who did not receive honorable or general discharges are not automatically disqualified from receiving VA care or benefits.
The VA's eligibility determination rate for former service members with other than honorable discharges has been 75% over the past 10 years, demonstrating the commitment to providing care and benefits to those in need.
Former service members who are unsure about their eligibility are encouraged to apply for VA care and benefits. The VA will carefully review their records to determine if they can receive the requested care and benefits. VA's goal is to ensure that all deserving former service members, including those who have faced challenges during their service, have access to the care and benefits they need.
