To be eligible for disability compensation through the United States Department of Veterans Affairs, a veteran’s discharge characterization must be under conditions other than dishonorable. This does not mean that an “honorable discharge” is required for receipt of VA benefits: a general discharge (under honorable conditions), is acceptable as well, though some specific benefits will not be available.
But what happens if a veteran has another type of discharge? If you were discharged from active duty military service or other military duties under an other than honorable or bad conduct character of service, there are several avenues you can take to potentially obtain benefits.
VA Benefits and Character of Discharge
When a service member is discharged, the military assigns what is called a “character of service” on their DD-214. This system applies to all branches of the armed forces. This character of service may appear as:
- Honorable
- General
- Other than Honorable (OTH)
- Bad Conduct Discharge (BCD)
- Dismissal (of an officer)
- Dishonorable
- Uncharacterized
Honorable Discharge
An honorable discharge is the top level of military discharge. It’s also the most common. Veterans with this character of service are eligible for all benefits through the VA, such as disability pay, education benefits, and healthcare benefits. Veterans must have an honorable discharge to receive education benefits through the Post-9/11 GI Bill or Montgomery GI Bill.
General Discharge
Veterans with a general discharge, or general discharge under honorable conditions, are also entitled to VA benefits. This character means that a service member may not have met all of the standards of honorable discharge, yet their military service met standards of adequacy. Individuals with general discharge may have some disciplinary marks, though these incidents are usually minor.
Can You Get VA Benefits with a General Discharge?
Yes. Veterans with a general discharge under honorable conditions are generally entitled to all VA benefits, including disability pay, VA health care, and most education benefits (with the exception of Post-9/11 GI Bill and Montgomery GI Bill).
Other Than Honorable Discharge
Other than honorable discharge, or OTH discharge, limits access to VA benefits but does not automatically bar you from all of them. The VA can review your military service records and the specific circumstances that led to your discharge. In some cases, it will make a Character of Discharge (COD) determination to decide whether you can receive benefits.
What VA Benefits Can You Get with Other Than Honorable Discharge?
Recent VA regulation changes (effective June 25, 2024) have expanded eligibility for some veterans with OTH or certain bad conduct discharges from a special court-martial. Depending on your situation, you may qualify for:
- VA health care for service-connected conditions
- Compensation for disabilities incurred or aggravated during eligible service
- Certain home loan benefits (if other eligibility requirements are met)
- Vocational rehabilitation and counseling in some cases
Before June 25, 2024, many veterans with an other than honorable discharge were barred from benefits due to “regulatory bars,” such as willful and persistent misconduct. Effective June 25, 2024, VA removed some of these barriers. Now the VA:
- May allow compelling circumstances (such as combat-related trauma, PTSD, military sexual trauma, or family emergencies) to overcome certain regulatory bars, including willful and persistent misconduct
- Can only apply a bar to benefits if the misconduct was the actual reason for your discharge
- Must give veterans the benefit of the doubt if evidence is unclear
This means some veterans with an Other Than Honorable discharge who were previously denied may now qualify for VA benefits after a Character of Discharge determination. Learn about the process of obtaining disability compensation and other veterans benefits with OTH discharge below.
Bad Conduct Discharge
Bad conduct discharge is a punitive discharge, so these situations typically involve some type of discipline. Service members who receive this type of discharge may be barred from reenlistment. They may also serve time in a military prison. A court-martial determines this service characterization through a criminal trial.
Can You Get VA Benefits with a Bad Conduct Discharge?
The answer depends on how you received your bad conduct discharge. If it was adjudged at a special court-martial, a Character of Discharge review may allow you to qualify for benefits based on the recent changes introduced by the VA in 2024. These potential benefits include:
- VA health care for service-connected conditions
- Disability compensation for injuries or illnesses incurred or aggravated during service
- Other VA programs depending on your eligibility and service record
Special Court-Martial Bad Conduct Discharge
Before June 25, 2024, many veterans with a bad conduct discharge from a special court-martial were barred from benefits due to “regulatory bars,” such as willful and persistent misconduct. After June 25, 2024, the VA:
- May allow compelling circumstances (such as combat-related trauma, PTSD, military sexual trauma, or family emergencies) to overcome certain regulatory bars, including willful and persistent misconduct
- Can only apply the regulatory bar if the misconduct was the actual reason for your discharge
- Must give veterans the benefit of the doubt if evidence is unclear
This means some veterans with a special court-martial BCD who were previously denied may now qualify for VA benefits after a Character of Discharge determination.
General Court-Martial Bad Conduct Discharge
A bad conduct discharge from a general court-martial is considered “dishonorable for VA purposes” and bars the veteran from receiving most VA benefits.
Dishonorable Discharge
Service members who commit serious crimes while in the military may be discharged under dishonorable conditions. A court-martial determines this type of discharge as well.
Can You Get VA Benefits with a Dishonorable Discharge?
Dishonorable discharge typically makes a veteran ineligible for all VA benefits, unless you successfully file for a discharge upgrade or prove that you were insane at the time of the offense, both of which are rare.
A character of service determination remains on your military record unless it goes to a discharge review board for correction and performs a records review. However, this board may only modify, correct, or do discharge changes not imposed by a court-martial.
How Can You Qualify for Disability Benefits with OTH or BCD Discharge?
As of June 25, 2024, VA implemented a final rule that updated and clarified the regulatory bars to benefits based on character of discharge. This means that some former service members with other than honorable discharges and certain bad conduct discharges (adjudged at a special court-martial) may now be newly eligible for VA benefits.
VA Updates
- Removal of the bar for “homosexual acts involving aggravating circumstances or other factors affecting the performance of duty”
- Refinement of the definition of “willful and persistent misconduct” to make its application more objective
- Addition of compelling circumstances exceptions that can mitigate regulatory bars such as moral turpitude and willful/persistent misconduct, as well as statutory bar for AWOL of 180 days or more
- Regulatory bars now apply only if the misconduct was the actual basis for the discharge
- VA must give the benefit of the doubt to the veteran under 38 U.S.C. 5107(b) when there is reasonable doubt
Compelling circumstances include:
- Mental or cognitive impairment
- Physical health, to include physical trauma and any side effects of medication
- Combat-related or oversees-related hardship
- Sexual abuse/assault
- Duress, coercion, or desperation
- Family obligations or comparable obligations to third parties
- Age, education, cultural background, and judgmental maturity
- Length and character of service outside the period of AWOL or misconduct
Former service members with a previous unfavorable Character of Discharge decision such as Other Than Honorable can now request a new determination under the new rules without providing new evidence. This can potentially reopen eligibility for benefits previously denied due to discharge status. However, submitting a statement regarding any applicable compelling circumstances will help your case.
What This Means for You
With the June 2024 rule change, you may be eligible for VA benefits with an Other Than Honorable discharge or BCD (from special court martial) if:
- Your case falls under the new compelling circumstances exceptions for misconduct or AWOL, or you were previously barred due to the now-removed “aggravated homosexual acts” bar.
- You were previously denied benefits based solely on COD; you can now request a one-time review of your BCD or OTH discharge under the updated 38 CFR 3.12.
If your case qualifies, you could receive benefits retroactive to June 25, 2024 if you file within 1 year of the rule change OR one year prior to the date of your request if you file more than 1 year later.
When Won’t VA Pay Benefits?
Under the law, benefits are not payable to a conscientious objector who refused to perform military duty, wear the uniform, or comply with military authorities. Nor are benefits payable to a veteran who was discharged by general court-martial, who resigned as an officer for the good of the service, or who deserted.
Benefits are also not payable to a veteran who was absent without official leave (AWOL) for a period of at least 180 days, unless compelling circumstances apply.
This bar for an extended period of AWOL may be removed if there is a finding of compelling circumstances which could excuse the absence such as the veteran providing supporting documents that may explain your actions that led to a less than honorable discharge.
Under the new rule, VA must weigh quality and length of service, reasons for absence, and mitigating factors (including combat injuries, military sexual trauma (MST) or mental health issues such as to posttraumatic stress disorder) before applying these bars.
OTH Discharge and Service Connection
The VA can grant benefits for an injury or disability which occurred during a period of honorable service even if the veteran later has a period of less than honorable service. This could include traumatic brain injuries which notoriously lead to a whole slew of mental issues and physical symptoms too.
But an other than honorable discharge often presents challenges for veterans. The video below explains how to get a disability service connected while having an other than honorable discharge and how that is rated by the VA:
Our disability lawyers specialize in winning benefits for veterans denied by the VA. Get a free evaluation of your case today to see how we can help you.
Free case evaluationHow Can an Other Than Honorable Discharge Be Upgraded?
An OTH discharge can be upgraded outside of VA via a Discharge Review Board or Board for Correction of Military or Naval Records, but veterans can also get a discharge review within the VA via a Character of Discharge (COD) determination. For the VA COD determination, under the June 2024 rule:
- Regulatory and statutory bars must be clearly supported by the military record
- The VA cannot consider misconduct unrelated to your discharge reason
- The benefit of the doubt standard applies in close cases
If you already have a VA decision that found you ineligible based on Character of Discharge, you can now request a new review without providing new evidence. However, submitting a statement regarding any applicable compelling circumstances will help your case.
The VA character of discharge determination does not change the Armed Forces’ characterization of service and has no effect on the former Service member’s military discharge status. VA’s determination is for VA benefits and services eligibility purposes only. A veteran with an other than honorable discharge also has the option to apply for a discharge upgrade via the DoD.
If a discharge is upgraded through the Discharge Review Board, the VA will consider it when determining eligibility for benefits, but this does not automatically remove the bar to VA benefits.
The review board will go over the reasons given by the veteran for going AWOL (taking into consideration the veteran’s age, cultural background, educational level, and judgmental maturity as well as hardship or suffering incurred during overseas service or as a result of combat wounds or other service-incurred disability); and whether a valid legal defense exists for the absence which would have precluded a conviction for AWOL, i.e., if the absence would not lead to a conviction of an offense under the Uniform Code of Military Justice.
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