Veterans with an Other-Than-Honorable (OTH) discharge have faced significant barriers when seeking benefits from the Department of Veteran Affairs (VA). Many believe they are ineligible for VA healthcare and support, leading them to forgo critical services – especially mental health care.

However, the VA has taken major steps to address this gap, expanding mental health services for former service members with OTH discharges.

Although the VA Regulation, 38 Code of Federal Regulation (CFR), has had a process to adjudicate an OTH, the purpose of which is to grant care for service-related injury/illness since 1946, very few know about it, Jane Babcock, an accredited services officer, based in Wisconsin. Even VA Eligibility Staff ignore this at times and must be educated on it. With the VA’s expansion of mental health services under the COMPACT Act veterans in a severe mental health crisis, that can reasonably be service connected, including OTH discharge, may be treated at local Emergency Room and/or given resident treatment for 30 days or non-resident treatment locally. Bacbcock added there is a distinction on how to seek care though. If an OTH member is suicidal they are encouraged to go to the nearest ER. If they are seeking care for a service-related injury or Presumptive Condition they must first request an “Adjudication” (review) by VA Healthcare. If the veteran is considered critical, stage 4, or end stage VA can administer “Compassionate Care” while the Adjudication is processed. Once the Adjudication is complete, barring the few serious offense that exclude VA care, an OTH recipient may then receive VA healthcare for their service-related condition but not non-service conditions.

Breaking Down the Change:

Since 2017, the VA has expanded access to emergency mental health services. This move was part of a broader effort to combat the high suicide rate among veterans and those in transition. The results have been promising: in the year following implementation, 1,651 veterans with OTH discharge status were able to access mental health treatment in the VA. This rate was nearly triple that of the prior year.

Overcoming Reluctance to Seek Care

Despite these expanded benefits, veterans may hesitate to reach out for mental health care. Lack of information and the stigma surrounding discharge status may lead some to assume they are excluded from VA services. Others may fear being billed for these services if their claim gets denied.

In reality, the VA eligibility determination rate for OTH veterans has been over 72% in recent years.

A Call To Action

Babcock added veterans with an OTH discharge should not assume they are ineligible for benefits. “If you or someone you know is struggling with mental health challenges, the VA has resources available. Seeking help is a vital first step, and applying for benefits can open the door to the necessary mental health services,” Babcock said.

“If you need immediate support, call the Veterans Crisis Line at 988, then press 1 or visit your nearest VA emergency room or Vet Center for assistance. Help is available—don’t hesitate to reach out,” Babcock added.

Written by Pete Scherer

Update: This article has been updated to include more insight from Jane Babcock of the Wisconsin Veteran Services Office.