Under a recent rule change announced by the Department of Veterans Affairs (also known as the VA), many service members who were previously ineligible for benefits due to a character of discharge issue may now be available. For example, it affects people who were discharged due to issues related to homosexuality, although other types of discharges are also affected. This rule change is meant to establish a more objective standard for determining if someone is potentially eligible for benefits, though it does not affect the nature of their discharge.
What is the Character of Discharge?
The “character of discharge” is the term used to describe the circumstances under which a veteran left the military. These are broadly broken down into categories such as “honorable discharge,” “general discharge,” “other than honorable discharge”, “bad conduct discharge,” or “dishonorable discharge.” As a general rule, a dishonorable discharge or statutory bar will prevent someone from qualifying for VA benefits.
What Effect Does This Rule Have?
The new rule changes the standards related to character of discharge evaluations, allowing people who would previously be barred from obtaining disability benefits to become eligible. These include:
- Removing the statutory bar for “homosexual acts involving aggravating circumstances or other factors affecting the performance of duty”;
- Defining the circumstances under which the willful and persistent misconduct bar will apply;
- Creating “compelling circumstances exceptions” for the statutory bar of absent without leave (AWOL) of 180 days or more, and regulatory bars of moral turpitude and willful and persistent misconduct.
Why Does This Matter?
This is important because many people who were previously prevented from obtaining disability benefits may now be eligible. Notably, this includes people who were discharged due to rules against homosexuality in the military when that was prohibited under previous military policies, as well as people who may have been AWOL due to reasons beyond their control. This makes it easier for people to obtain benefits when they might unfairly have been denied access before.
What Should You Do?
If you are a disabled veteran who has struggled to obtain benefits as a result of a statutory bar or other factors, you may now be eligible to apply for those benefits. However, to know how these rules might impact you, you should speak to a lawyer with experience handling disability applications. Not only can they help you fill out your application, they can advocate on your behalf to the VA, and help you appeal your claim if it is denied.
The attorneys of Sullivan & Kehoe place a special focus on assisting disabled veterans. Our veterans’ disability lawyers are still available for remote consultation on your legal issues. Call our office at (800) 395-7830 to schedule a consultation in our New York City, Garden City, Kings Park, Riverhead, or White Plains office, or visit our contact page.