Eligibility for VA Benefits
Eligibility for VA Benefits can be a challenging affair. If you are seeking assistance, the Sergeants, Human Resources-trained Sergeants and retired Judge Advocates can assist.
Fill out one of our “contact us” forms and we will review your intake without charge and recommend the right lawyer for you or help you ourselves.
If you need an upgrade at a Board of Correction or Discharge Review Board, we can assist with that.
So here is the update:
On April 26, 2024, VA issued final regulations to address benefit eligibiliity 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:
- acceptance of a discharge under other than honorable conditions or its equivalent in lieu of trial
by GCM; - mutiny or spying;
- moral turpitude (no change); and
- 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.
