VA rolling out program to help Veterans denied benefits due to discharge status
The VA announced a plan involving grants to fund certain organizations that help veterans. These organizations assist veterans who are trying to obtain benefits despite their discharge status. The VA will establish a pilot program giving grants to organizations who provide legal assistance. Veterans looking to gain benefits such as college tuition, healthcare, and disability compensation, but whose discharge status is a potential block, can potentially benefit from this program.
From Stars & Stripes
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.
Additional Reading:
Hersey, L. F. (2024, October 1). VA to create program that offers legal help to veterans denied benefits because of discharge status. Stars & Stripes. Link.
Category: Veterans Issues, Veterans' Affairs Department
Oh how times have changed. This might be an unpopular opinion, but I don’t think you should get any vet benefits without that “Honorable” with no preceding adjectives. I’d make an obvious exception for those injured in the line of duty (especially in combat) to get the help they need medically. If you were chaptered out for dis/misconduct, then you broke your contract with Uncle Sam.
Medical discharge is normally considered honorable so they get the benefit. I agree, however: it’s not hard to get an honorable discharge.
Concur 100%. You can be an absolute shit Soldier and still get an honorable discharge. Anything less means you get no benefits.
DD/BCD are supposed to be deterrents for criminal activity, drug abuse and general shitbaggery.
What’s the fkn point of doing your best and keeping out of trouble if the shitbags get the same deal?
Actions (or lack of) are supposed to have consequences.
It is the socialist way. Very popular among liberals and the cretins currently in control.
Why not a pilot program for those that faked being in the service? Oh wait, that’s just normal VA service.
The Pilot Programme should be called The Bernath Bill
I would say if the “mental health problems” were brought on by the service then that could be a thing. But such rarity. Of the millions of soldiers who deployed to Iraq and Afghanistan less than a quarter of a million actually saw combat. That even includes many fobbits who may have observed some IDF.
Personally I only know of two guys who turned to substance abuse after very unusual and difficult tours. This resulted in both getting General Discharges. I know everyone reacts differently and what one guy can shake off will break another. These were otherwise good guys, not shitbags too. I always had some sympathy for them, I’d just hate for it to become an excuse for bad behavior in the future.
I was in Iraq as an Infantryman in 05-06 with the 172nd SBCT. We were there when the golden dome in Samarrah was blown up and kicked off all the sectarian violence. I know several people, myself included, that caught the PTSD from that tour and ended up self medicating instead of seeking help. Thankfully none of us did anything stupid enough to get kicked out with anything less than an honorable discharge. I eventually got the help I needed and have been sober for years now.
I’m glad to hear of your ongoing sobriety. You are definitely not alone in the struggle. One of those guys hit the bottle and had three DUIs in as many months. Went from E6 to E3 to civilian in about five months. The other turned to weed to numb his brain and pissed hot as an NCO so he was gone.
My self destructive path tended to turn towards adrenaline fueled thrill seeking activity that thankfully I’ve mostly aged out of since. Anyone who tried to tell me at the time what I was doing was simply laughed off as a pussy. This kind of behavior tends to resolve itself in explosive ways, so I was quite lucky there. I couldn’t really see outside myself at the time and sometimes look back with a little cringe.
Not just no but Hells to the NO! Stepping on one’s junk SHOULD hurt…and have consequences. It goes back to proper Home Training…and taking personal responsibility for your own actions. As others have pointed out here, getting an Honorable Discharge is not that too hard, and millions upon millions have done it. Giving a dirtbag the same bennies as someone that did the right thing is a slap in the face of the ones that “did their duty in all things…”. Maybe these dirtbags need a “slap in the face” of their own.
Let me see if I have this straight. The VA says because of the discharge one can’t receive VA benefits, so the VA is going to give grants to a bunch of lawyers so the character of service can be changed and VA benefits can be had. The VA is constantly behind the 8 ball because they have too many patients. So now they want to go out and drum up more patients they haven’t got the time for. I can see that six month wait list becoming a one year wait list. And correct me if I’m wrong, but aren’t there already organizations that help veterans try to change their discharge?
Another federal agency creating another self-licking lollipop.
Wait, you don’t suppose that these lawyers seeking grants are politically aligned in any way?
Part of the article suggests, “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.”
(On the last part, the VA doesn’t have the authority to determine the character of discharge, but only to administer the benefits program within the law.)
The VA Secretary and his lawyers don’t know the Supreme Court overturned “Chevron Deference” earlier this year and think they can interpret the law however they want.
The “grant” money they plan to use for this program is considered non-discretionary and statutorily mandated in 38 C.F.R., which provides for certain military benefits administered by the VA, just as the right to military disability retirement PAY to qualified individuals is administered by the DoD under 10 U.S.C. 1201.
Under the VA’s framework, eligibility is based on the character of discharge. Honorable discharges and dishonorable discharges are dispositive to benefits eligibility.
I’m looking forward to reading how the VA gets its ass handed to it after the Federal Register comments.
Fucking morons.
Disregard my last comment. The VA has already amended the rule and implemented this.
I hope someone challenges this in court
You got that right. The VA can’t make rule changes according to there interpretation. “Chevron Deference” ruling changed that.
DEI program? Fraudster target? Many ways for this to be abused or poorly applied, while dudes for whom this was meant (e.g., served/re-enlisted until got PTSD/MST then chaptered for “personality disorder” and zero benefits) get nothing.
Sounds to me like this isn’t geared towards “PTSD/MST” people.
This is is a DEI initiative.
“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…”
Who would claim to have been kicked out due to “discrimination”?
Gays? Trannies? Women?
Who would claim to have suffered “military sexual trauma?” The same I’d say.
The “mental health problems” could possibly apply to PTSD/MST, but I’d bet the point is more along the lines of “I look like a boy but feel like a girl” mental health problems.
That’s my take anyway.
Probably so. Not just discharged for being gay, but “aggravating circumstances or other factors affecting the performance of duty” (like the infamous “ether bunny” or caught sodomy-ing while on duty, in public, for money, with someone under-age, etc.) too. (How “brave”!) Someone chaptered for “personality disorder” w/ zilch after getting PTSD while going a good job? (Not “inclusive” enough.) It’s “woke” crap.
Fuck this.
General Discharge and below = Shitbag.
Meanwhile… the highly-touted “Pact Act” tells veterans “yup, your cancer was caused by your service in combat zones, but you recovered completely. No disability increase for you.”
Or, as in the case of my wife, “You made too much money since you were honorably discharged so VA will not even enroll you.” It’s called the means test.
The category you’re placed in determines whether they require a means test. The category assigned depends on how severely your injuries are, not your income. If you receive 100% TDIU you can’t work. Scheduler 100% rating you can work with no income limits. No injuries, then they do a means test. I’m sure there might be other situations, but this is how I understand means testing.
Some categories require NO injuries. Category 8, for instance, requires no service connected injuries/disabilities; Just wear a uniform for six months(?) or so. That category even requires (Horror of Horrors!!) a copay for VA medical services.
https://www.va.gov/health-care/eligibility/priority-groups/
I wish that were true in all cases.
As do I. I was unlucky enough to develop two kinds of cancer but lucky enough to win. I just find it incredible that after all the congressional posturing and blustering over taking care of military personnel afflicted with various ailments due to multiple deployments, and the legislative celebrations after the PACT Act passed, actual benefits are negligible.
Treated for HC Leukemia, still active. IHD that was denied and then granted under Nehmer. Agent Orange = Death followed us home!
Like the guy the VA denied because he couldn’t prove the RPG injury was combat-related from his records. (Yes, it was Iraq. Yes, he got shot-at. No, the doctor didn’t specifically note “in combat” because, well, duh, it was.) Willful mis-understanding of “service-connected” for their own benefit?
From what I understand any injury incurred while in the military is covered as long as it is in “line of duty”, whether combat or not. It the individual you mention was wounded in combat he should have been awarded a Purple Heart, which should be proof enough.
There are already grants out there and being used locally to me by a couple organizations and several bottom-feeding lawers to “help veterans who don’t qualify for VA benefits”. Who are these veterans? Those with dishonorable and bad conduct, and/or those who after service committed, were prosecuted and served time for Class X felonies.
It’s a national disgrace, says this organization. They can’t get VA benefits, nor can they live in HUD housing, etc. Never mind the fact these “veterans” with Class X felonies are murderers, rapists, and child molesters.
Said organization regularly shakes the donation cup for these unfortunate, brave souls “…who signed the dotted line, just like everyone else who served. They served their time twice, once for the government, for this nation, and again for what they did wrong in society”.
Let’s continue to reduce or remove any and all consequences for bad behavior, because that’s going to work out real well. And equate serving in the military with “serving” in prison. I was forced to listen to a rant-appeal about how being in the military is like prison because you don’t have freedom in the military! You are restricted in what you can do, wear, when and where to eat and sleep, where you go, etc., etc. “okay, thank you for letting me know” was my only response. Because I don’t look good in orange.
That said, I admit having seen more than my share of cases of discharges that were upgraded justly. Private Snuffy getting hazed by a sadistic NCO, tore his ACL and was on light duty/profile. Instead, put on sentry duty every. single. night. for 2 weeks. Ended up with a permanent disability, all documented.
In other words, there are cases and exceptions. There are instances of toxic command. But, there is no need for more grants. A good VSO or even a lawyer can get this done now.
This is all about funneling money to someone(s) who will get very wealthy setting up these “programs”. In a few years, we’ll be posting articles of the three mansions, fleet of exotic cars and first-class vacations of some “director”.
That was my initial read but I like to be open minded and pretend that not everyone is an asshole determined to squeeze every last dollar for themselves instead of the veteran.
Once, again, OAM…you have so eloquently NAILED IT. And some wonder why we respect and lust…uh…LOVE you so much.
I think you’d look just smashing in anything…even a burlap bag/flour sack outfit.
Meanwhile, I continue to pay my own disability because of that “concurrent receipts” B.S.
Benefits for OTHs?
My answer:
This just another handout to the Trial Lawyers, just like the Pact Act.