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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.

 
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
Timetable:
Action Date FR Cite
NPRM  07/10/2020  85 FR 41471   
NPRM Comment Period End  09/08/2020 
Request For Information  06/00/2021 
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