The Department of Veterans Affairs on Tuesday, Oct. 1, 2024, disclosed a plan to establish a grant program to fund legal organizations assisting veterans who are trying to access benefits after they did not receive an honorable discharge. (Stars and Stripes)
WASHINGTON — The Department of Veterans Affairs on Tuesday disclosed a plan to establish a grant program to fund legal organizations assisting veterans who are trying to access benefits after they did not receive an honorable discharge.
Under a proposed rule to be published in the Federal Register on Wednesday, the VA would establish a pilot program to award grants to legal assistance clinics helping veterans gain benefits, including disability compensation, college tuition and health care.
Veterans are excluded from VA services and benefits if their discharge was not honorable.
“The primary purpose of the grant program is to provide certain legal assistance to former service members to assist them in gaining access to VA benefits,” according to the proposed rule. “Because a former service member’s discharge is often a barrier to VA benefits, VA believes the grant program would provide needed assistance with improving the character of discharge for those individuals whose current discharge status renders them ineligible.”
The announcement follows a rule change the VA made in April that enabled troops who left the service because of discrimination, military sexual trauma or mental health problems to reapply for benefits regardless of their discharge status, the agency said.
The rule “eliminated the regulatory bar for homosexual acts involving aggravating circumstances or other factors affecting the performance of duty,’” the VA said
The rule change also enabled veterans to provide “compelling circumstances” in cases where they were absent without leave for 180 days or more.
“We encourage former service members with other-than-honorable discharges to apply for VA care and benefits today. Although VA cannot change your discharge status, we want to provide you with any health care or benefits we can,” said VA Secretary Denis McDonough.
Individuals can qualify for VA benefits if they receive a favorable outcome through a military service discharge review board, a board for correction of military or naval records, or a character of discharge determination by the VA.
When the VA receives a claim for benefits, it reviews the individual’s character of discharge to determine eligibility. But certain types of discharges might require additional review to determine eligibility for benefits, the VA said.
The VA has granted eligibility for benefits to more than 57,000 veterans with an other-than-honorable discharge status in the past 10 years, the VA said.
