An essential aspect of the new regulations is the introduction of a “compelling circumstances exception” for certain former service members discharged for “willful and persistent misconduct” or an “offense involving moral turpitude.” This exception allows the VA to consider factors such as length and character of service, mental and cognitive impairment, physical health, combat-related hardship, and experiences of sexual abuse, assault, or discrimination. This new pathway enables the VA to provide benefits and services to deserving former service members who faced significant hardships. 

Due to these regulatory changes, former service members previously denied VA services are encouraged to reapply. This allows many to receive the support they need and deserve. Secretary Denis McDonough emphasized, “We encourage former service members with other than honorable discharges to apply for VA care and benefits today. Although the 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.” Under Secretary for Benefits, Josh Jacobs added, “Too often, former service members believe that they cannot come to VA due to their discharge status—but the truth is that many former service members who were not discharged honorably can get health care or benefits from VA. When you apply—as with all VA benefits—we will do everything possible to get you to yes.”