Individuals interested in commenting on the proposed grant program have until Dec. 2, 2024, to do so. P_Wei / Getty Images
VA proposes grant program offering vets legal services to help obtain benefits
The department’s goal is to assist former service members who were discharged under other than honorable conditions but could still be eligible for VA benefits.
The Veterans Affairs Department in the Federal Register on Wednesday proposed establishing a pilot program to award grants to veterans-focused nonprofits and local, state and tribal governments in order to support legal assistance for former service members seeking VA benefits.
Specifically, the department hopes the program will help veterans whose current military discharge status prevents them from receiving VA benefits. Former service members who were discharged under dishonorable conditions generally are not eligible for such benefits, but they may request actions like a discharge review board to possibly qualify.
“We encourage former service members with other than honorable discharges to apply for VA care and benefits today. Although 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,” said VA Secretary Denis McDonough in a statement. “We also know that the process to navigate the review boards and determination process can be daunting — but access to legal support can make all the difference, and we believe this new grant program will help fill that gap.”
The VA over the past 10 years has extended benefits eligibility to 75% of veterans with an other-than-honorable discharge status, according to a press release. This corresponds to more than 57,000 individuals.
VA in April issued a final rule modifying regulations regarding benefit determinations based on the character of discharges in order to expand eligibility, such as by removing the “homosexual acts involving aggravating circumstances or other factors affecting the performance of duty” bar to receiving benefits.
Comments on VA’s proposed legal assistance grant program must be received on or before Dec. 2, 2024. Authority for the pilot comes from a provision in the fiscal 2021 National Defense Authorization Act.
The proposed rule would prohibit grant recipients from charging a fee to veterans and require them to submit annual reports on activities funded by the grants.
VA also recently established a grant program for legal services to assist homeless veterans.