VA is implementing a new regulation regarding character of discharge determinations, allowing more former service members to become eligible for VA benefits, regardless of their military discharge. Generally, to receive VA benefits and services, a former service member's character of discharge must be under other than dishonorable conditions (e.g., honorable, under honorable conditions, or general). However, while VA cannot change the discharge status provided by the Department of Defense, VA is required to make a determination on eligibility for VA benefits for all individuals who receive a dishonorable discharge.

Understanding VA benefits and character of discharge

When VA receives a claim from a former service member, it reviews their character of discharge to determine if they meet basic requirements to be eligible for VA benefits. Any discharge under honorable conditions satisfies the character of discharge requirement for basic eligibility; however, certain types of discharges - and certain circumstances - may prevent an individual from receiving benefits. These claims require an additional review to determine eligibility for benefits.

What are the new changes?

The new regulation expands 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";
• 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.

These changes make the character of discharge process more objective, and lead to more consistent adjudication of claims. These modifications are the first of its kind in over four decades and will increase the number of former service members found eligible for certain VA benefits based on determinations of honorable service for VA purposes.

What do these changes mean for me?

This VA character of discharge determination does not change the Armed Forces' characterization of service and has no effect on the former service member's military discharge status. VA's determination is for VA benefits and services eligibility purposes only.

VA claims processors are now processing character of discharge determinations with a more objective review. If you believe your discharge falls under any of the updated criteria, or a compelling circumstance may affect your discharge, we encourage you to apply for VA care and benefits today.

VA also invites all former service members who previously received a negative character of discharge determination from VA to submit a VA Form 21-0995, Decision Review Request: Supplemental Claim. Once received, claims processers will reevaluate the claimant's record using the new guidance.

VA encourages former service members who received an unfavorable discharge to apply for VA care and benefits today  

You can submit a claim to a VA regional office near you or work with a trained professional, like a VA accredited representative or VSO, to get help filing a claim for disability compensation. Other options include calling 1-800-827-1000 Monday through Friday, 8 a.m. to 9 p.m. EST or by fax using 844-531-7818.

Remember, VA will never charge you for assistance filing for benefits. To protect yourself from fraudulent claims, you have the right to verify anyone's credentials before filing a claim or providing personal information. 

For more about applying for benefits and character of discharge determinations, please visit the character of Discharge webpage.