Benefit eligibility based on character of discharge.
Jun 25, 2024Added
- (a) General rule.
- If the former service member did not die in service, then pension, compensation, or dependency and indemnity compensation is payable for claims based on a period of service that was terminated by discharge or release under conditions other than dishonorable.
- 101(2)) A discharge under honorable conditions is binding on the Department of Veterans Affairs as to character of discharge.
- (b) Insanity exception.
- No bar to benefits under this section shall be applied if VA determines that the former service member was insane at the time he or she committed the offense(s) leading to the discharge or release under dishonorable conditions.
- 5303(b)) Insanity is defined in § 3.354.
- (c) Statutory bars to benefits.
and 64 more added passages
Removed
- Link to an amendment published at 89 FR 32372, Apr.
- (a) If the former service member did not die in service, pension, compensation, or dependency and indemnity compensation is not payable unless the period of service on which the claim is based was terminated by discharge or release under conditions other than dishonorable.
- A discharge under honorable conditions is binding on the Department of Veterans Affairs as to character of discharge.
- (b) A discharge or release from service under one of the conditions specified in this section is a bar to the payment of benefits unless it is found that the person was insane at the time of committing the offense causing such discharge or release or unless otherwise specifically provided (38 U.S.C.
- (c) Benefits are not payable where the former service member was discharged or released under one of the following conditions:
and 46 more removed passages