VA Expands Benefits To Veterans Without Honorable Discharges

Update: The Pentagon has completed a review of military discharges under Don’t Ask Don’t Tell. That process resulted in many military discharge upgrades for qualifying servicemembers kicked out of the military under Don’t Ask, Don’t Tell.

According to a Pentagon news release, more than “96% of those administratively separated” under “Don’t Ask, Don’t Tell” who meet the requirements now have an honorable characterization of service. That expands options for veteran benefits such as VA healthcare and the GI Bill.

The original report on this issue is below. Veterans affected by this issue who were previously denied VA benefits should reapply for them as soon as possible.

On 1 October 2024, the Department of Veterans Affairs formally announced it had revised its processes and requirements for approving or denying VA benefits to military members based on their discharge status.

This announcement follows the publication of a VA “final rule” in the federal register, which allowed a public comment period before finalization.

The updated rules expand access to certain VA benefits for those who left military service without an honorable discharge. This is meant to address, in part, issues raised by the punitive discharges given during the so-called “Don’t Ask, Don’t Tell” era of the United States military when LGTBQ+ troops were not allowed to serve openly.

Many received military discharges for so-called “homosexual conduct” and related “crimes” later eliminated from the Uniform Code of Military Justice and not longer prosecuted.

As noted on VA.gov, In the past, a discharge “under other than dishonorable conditions” was generally required to receive benefits. Thanks to a set of reforms at the VA, revised guidelines were put into place to provide a more inclusive evaluation, especially for veterans without honorable discharges.

VA Eligibility

The character of a veteran’s discharge has typically been one of the main factors in determining eligibility for VA benefits. An honorable discharge typically qualifies for most VA benefits, but discharges with other classifications have in the past become obstacles to receiving VA benefits. The updated regulations seek to address these situations with a more thorough and fair evaluation process.

The VA has rewritten regulations to expand access to VA benefits and services by:

• Eliminating the regulation denyingVA benefits for “homosexual acts involving aggravating circumstances.”
• Clarifying the specific circumstances that constitute “willful and persistent misconduct,”
• Establishing “compelling circumstances exceptions” to regulatory barriers keeping veterans from VA benefits.

VA Benefits Versus Discharge Review

The rule changes mentioned above do not change the nature of a veteran’s dishcharge. A veteran’s official military discharge status is determined by the Department of Defense. There is a service-specific process that the VA has no involvement with, and there is no help from the VA in changing the nature of a military discharge. That is the sole responsibility of the Defense Department and the branch of service issuing the discharge.

Those who wish to appeal their military discharge must do so via their branch of service’s discharge review board. The VA’s assessment is solely for the purpose of determining eligibility for VA benefits and services.

Veterans who believe they may now be eligible under the revised criteria, or those who were previously denied benefits due to their discharge status, are encouraged to apply. The VA is committed to reviewing claims under the new guidelines.

How To Apply

Veterans can get started on a new or revised claim through their local VA regional office, get help filling out the forms using a VA accredited representatives or Veteran Service Organizations (VSOs), or contact the VA directly by phone at 1-800-827-1000.