New VA Regulations on Character of Discharge and Eligibility

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So here is the update:

On April 26, 2024, VA issued final regulations to address benefit eligibility based on character of discharge at 38 C.F.R. 3.12. The full notice is found here: www.govinfo.gov/content/pkg/FR-2…. Various groups commented and the VA replied to those concerns.

With the changes, the VA considers the following as bars to benefits:

(1) acceptance of a discharge under other than honorable conditions or its equivalent in lieu of trial by GCM;

(2) mutiny or spying;

(3) moral turpitude (no change); and

(4) willful and persistent misconduct.

VA did not adopt the proposed rule for moral turpitude and is not altering that bar.

VA modified the definition for willful and persistent misconduct “for more objective application.” It expanded the compelling circumstances exception, which will now apply to both the moral turpitude and willful and persistent misconduct bars.

The final rule is effective June 25, 2024. Any claimant with a prior unfavorable determination can request a new determination. If the claim is submitted within one year of the effective date of the final rule, the effective date could be as early as June 25, 2024.