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VA RIN: 2900-AQ95 Publication ID: Spring 2022 
Title: Update and Clarify Regulatory Bars to Benefits Based on Character of Discharge 

The Department of Veterans Affairs (VA) is amending its regulations regarding character of discharge determinations. The amendments will modify the regulatory framework for discharges considered "dishonorable" for VA benefit eligibility purposes, such as discharges due to "willful and persistent misconduct," an offense involving "moral turpitude," and homosexual acts involving aggravating circumstances or other factors affecting the "performance of duty." The amendments will also extend 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. VA’s amendments will take into consideration the public comments received on the published proposed rule (85 FR 41471), comments that VA receives from a published Request for Information (86 FR 50513) and comments received during two scheduled listening sessions, which are described in aforementioned Request for Information.

Agency: Department of Veterans Affairs(VA)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 38 CFR 3.12   
Legal Authority: 38 U.S.C. 501   
Legal Deadline:  None
Action Date FR Cite
NPRM  07/10/2020  85 FR 41471   
NPRM Comment Period End  09/08/2020 
Request For Information  09/09/2021  86 FR 50513   
Request for Information Comment Period End  10/12/2021 
Final Action  05/00/2023 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL:  
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