WASHINGTON, D.C., — The U.S. Department of Veterans Affairs (VA) has updated its character of discharge determination process, allowing more former service members to qualify for VA benefits. This change helps veterans with less than honorable discharges access benefits, such as health care and disability compensation.
VA cannot change a discharge status provided by the Department of Defense. However, it now reviews discharge conditions independently to determine eligibility for VA benefits. Previously, dishonorable discharges limited access to benefits. The new rule aims to expand eligibility for these veterans.
Key updates to VA character of discharge determination
The updated regulation includes several important changes:
- Removal of the bar for “homosexual acts involving aggravating circumstances.”
- Clearer rules for applying the “willful and persistent misconduct” bar.
- Exceptions for veterans absent without leave (AWOL) for more than 180 days, and for moral turpitude and misconduct cases.
These updates make the VA character of discharge determination process more consistent and fair. This is the first major update in over 40 years and is expected to help more veterans access essential VA services.
What veterans need to know
The new VA character of discharge determination does not change a veteran’s official discharge status from the military. It only affects VA benefits eligibility. If your discharge circumstances fit the updated guidelines, or if you received a previous denial, you can submit a VA Form 21-0995 to have your case reviewed again.
You can file claims through your local VA regional office, work with a VA-accredited representative, or call 1-800-827-1000. You can also submit claims by fax at 844-531-7818. VA reminds veterans that all assistance for filing claims is free.
For more details about the process and eligibility, visit the VA Character of Discharge webpage.
