VA proposes new legal services grant program to help Veterans upgrade their military discharge status and increase access to earned benefits

WASHINGTON — Today, the U.S. Department of Veterans Affairs proposed establishing a first-of-its-kind grant program aimed at increasing access to VA programs and benefits. The proposed program would fund entities that provide legal support to help Veterans and former service members access VA programs, improve their military discharge status or characterization of service, and seek a review of a military record before a board of correction for military or naval records.

The aim of this new program would be to increase access to VA programs and benefits — including compensation and pension, education, health care, loans, national cemetery matters, and VA character of discharge determinations.

VA and the Biden-Harris Administration are committed to ensuring every Veteran gets the care, benefits, and representation they deserve — a commitment that is a key pillar in President Biden’s Unity Agenda for the nation. Earlier this year, VA amended its regulations on character of discharge determinations to ensure the department can provide services to deserving former service members — including certain individuals who faced discrimination, survived sexual assault or harassment, struggled with their mental or physical health, or faced other challenges while serving in the military. This change opened the door for former service members who had previously been found ineligible to reapply for VA care and benefits.

“We encourage former service members with other than honorable discharges to apply for VA care and benefits today. Although VA cannot change your discharge status, we want to provide you with any health care or benefits we can — and we will work with you every step of the way to do exactly that,” said VA Secretary Denis McDonough. “We also know that the process to navigate the review boards and determination process can be daunting — but access to legal support can make all the difference, and we believe this new grant program will help fill that gap.”

This proposed program is a part of VA’s continued efforts to support and expand access to certain former service members with other-than-honorable and bad conduct discharge statuses. VA has conducted extensive outreach to these former service members in recent years, increasing the number who applied for VA care or benefits. Over the past 10 years, VA has granted eligibility to 75% of former service members with other-than-honorable discharge status, equating to over 57,000 individuals.

In certain circumstances, individuals with an other-than-honorable discharge status can qualify for VA programs and services if they receive a favorable outcome through a military service discharge review board, a board for correction of military or naval records, or VA’s character of discharge determination. Key to this new proposed program would be providing former service members the legal assistance they need to navigate these processes.

VA recognizes legal support can be critical to breaking down barriers to access VA services. VA’s new Legal Services for Homeless Veterans and Veterans At-Risk for Homelessness Grant Program, for instance, recently awarded $11.5 million in grants to 79 public and non-profit organizations in fiscal year 2024.

The rulemaking can be viewed in the Federal Register under public inspection, and will be published and open for comment beginning Oct. 2, 2024 (findable by searching for the rule on VA’s Federal Register webpage). VA anticipates a notice of funding opportunity for this grant program to be published following publication of the final rule.