HAMPTON ROADS, Va. — Members of the military who were discharged under other than honorable conditions, or by special court martial, may now be eligible for VA care and other benefits they didn't previously have access to.
Thursday, the Department of Veterans Affairs amended its regulations regarding character of discharge determinations.
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VA's new regulation will expand access to care and benefits for certain former service members by eliminating the regulatory care for "homosexual acts involving aggravating circumstances or other factors affecting the performance of duty" as a bar to benefits.
It will also create a "compelling circumstances exception" for certain former service members. This means that the VA will now consider and determine if a compelling circumstances exception will permit the VA to nonetheless provide care and services.
The VA will now consider the former service member's length and character of service, mental and cognitive impairment, physical health, combat-related hardship, whether the person was the survivor of sexual abuse/assault or discrimination, and more.
Because of the regulation changes, the VA encourages former service members who were previously found ineligible for VA services to re-apply.
