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VA | RIN: 2900-AQ95 | Publication ID: Spring 2021 |
Title: Update and Clarify Regulatory Bars to Benefits Based on Character of Discharge | |
Abstract:
The Department of Veterans Affairs (VA) is requesting information to assist in the modification of the regulatory framework for discharges considered "dishonorable” for VA benefit eligibility purposes. On July 10, 2020, VA published a proposed rule for public notice and comment (see 85 FR 41471). The proposed rule discussed changes to VA regulations dealing with VA discharge determinations based on "willful and persistent misconduct,” "moral turpitude,” and "homosexual acts involving aggravating circumstances or other factors affecting the performance of duty.” In addition, the proposed rule also would create a "compelling circumstances” exception to certain regulatory bars to benefits in order to ensure fair character of discharge determinations in light of all pertinent factors. Following publication VA received numerous public comments. Due to the various and differing comments received, VA is seeking additional information on VA’s development regarding character of discharge determinations and its proposed regulations. |
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Agency: Department of Veterans Affairs(VA) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: Yes | Unfunded Mandates: No |
CFR Citation: 38 CFR 3.12 | |
Legal Authority: 38 U.S.C. 501 |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Small Entities Affected: No | Federalism: No |
Included in the Regulatory Plan: No | |
RIN Information URL: www.regulations.gov | |
RIN Data Printed in the FR: No | |
Agency Contact: Olumayowa Famakinwa Department of Veterans Affairs 810 Vermont Avenue NW, Washington, DC 20420 Phone:202 461-9700 Email: olumayowa.famakinwa@va.gov |