If you received an other-than-honorable (OTH) discharge, you might feel like your service no longer counts, especially when it comes to accessing VA benefits. That stigma can hit hard when you see fellow veterans receiving care, compensation, or support that you’ve been led to believe is off-limits to you.
But the truth is, having an OTH discharge doesn’t always mean you’re shut out of the system. In fact, recent regulatory changes have cleared a path for more vets with an OTH discharge to get benefits. You just need to know where and how to start. Our VA claim assistance providers have put together this article to guide you through the process.
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What Benefits Come with an Other-than-Honorable Discharge?
An OTH discharge is an administrative separation from the military, indicating that your behavior or performance did not measure up to the military’s standards. It often results from failing to obey military orders or engaging in serious misconduct.
An OTH discharge is different from a dishonorable discharge. Whereas an OTH separation is administrative, a dishonorable discharge is punitive and is usually given as a result of a court-martial trial.
A dishonorable discharge generally bars a veteran from getting benefits altogether, while those with OTH discharges are still eligible for certain benefits, such as:
- Treatment related to military sexual trauma
- Mental health services for those who experienced combat (as long as you served for at least 100 days)
- Emergency care for mental health crises
Can I Apply for More Benefits?
Yes, there may be a way to access more benefits through the VA. We counsel veterans not to give up on themselves and not to give up on the process. There’s often a reason for service members’ actions that lead to OTH discharges. For example, they may have been dealing with combat or sexual trauma that impaired their judgment. The VA recognizes this and has a process for applying for increased VA benefits.
Here’s how that process looks:
- Open an application for VA benefits. Start by applying for the desired benefits, such as VA disability. This will automatically kick off a Character of Discharge Determination (COD).
- Provide evidence. The VA doesn’t make determinations based on emotions. A good sob story won’t be enough to steer them in your favor. Rather, they need clear, straightforward evidence supporting your claim—the more the better. This could include military service records, health records (both military and private sector), personal statements, and “buddy letters” (from family, friends, and co-workers who can vouch for you).
Talk to veterans benefits advocates who can help you create a strong claim. They often have tips and tools to save you time and keep you from reinventing the wheel.
Once you submit your claim, the VA will review your evidence and make a determination about your discharge.
How Does a Character of Discharge Determination Work?
The military may have deemed your discharge other-than-honorable, but based on your COD determination, the VA could classify you as “honorable for VA purposes.” If this happens, you may become eligible for:
- Disability compensation
- A Pension
- VA home loan benefits
The VA will determine this by examining your length of service, the quality of your service before the incident that led to your separation, and the circumstances surrounding that incident.
For example, if you served three years with commendations and then had a single disciplinary event that led to an OTH discharge, the VA may still recognize the overall value of your service.
If the event was tied to mental health struggles or substance use that began during your time in uniform, that can also strengthen your case.
What if I Don’t Agree with my COD Determination?
When it comes to classifying discharges, neither the military nor the VA is perfect. If you applied for a COD determination, and you don’t agree with the ruling, you have a couple of options.
First, you can repeal your COD through the VA. Just make sure that you have documentation to support your appeal.
You can also go back to the military’s Discharge Review Board (DRB) to seek a discharge upgrade. This is separate from the VA process, but it can have a big impact on your benefits access. If you believe your discharge was unfair, too harsh, or influenced by circumstances that weren’t fully understood at the time, you have the right to request a review.
Upgrades are more likely to be granted if you can show that your behavior was influenced by service-related issues such as combat stress, traumatic brain injury, or sexual trauma. You may also be likely to get an upgrade if you can show that your discharge was due to outdated policies. This could include the “Don’t Ask, Don’t Tell” policy (1993 to 2011), which barred openly gay, lesbian, and bisexual people from military service.
Even if you don’t receive an upgrade, simply applying for one demonstrates initiative—and that can help when the VA evaluates your character of service. In some cases, the VA will grant benefits based on its own determination, even if the military has not upgraded your discharge.
New Regulations Expand Benefits to Veterans with OTH Discharges
It’s a good time to apply for a COD. In the spring of 2024, the VA changed the rules surrounding COD determinations, clearing a path for those with OTH conditions to get access to more VA benefits.1
Will an OTH Discharge Negatively Affect All My Enlistments?
Let’s say that you served multiple enlistments. You were discharged honorably from the first but received an OTH discharge for the second. The good news is that the OTH discharge won’t affect the first enlistment. You can still receive the benefits associated with your “honorable discharge” service.
Practical Steps to Start Your Benefits Journey
If you’re ready to take the first step toward reclaiming your benefits, start by gathering your military records, especially your DD-214, service medical records, and any disciplinary documentation. You’ll need these to support your case, whether you’re applying directly through the VA or requesting a discharge upgrade.
From there, consider scheduling a strategy session with a veteran-focused organization that understands the claims process for OTH discharges. These groups can help you build a strong case, provide documentation templates, and guide you through the maze of federal forms and timelines. The process may seem overwhelming, but you don’t have to do it alone. Thousands of veterans with OTH discharges have succeeded in getting access to care and compensation. You can, too.
1https://www.federalregister.gov/documents/2024/04/26/2024-09012/update-and-clarify-regulatory-bars-to-benefits-based-on-character-of-discharge