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Chapter 17 (Dishonorable Health Care)

For those whose service was NOT Honorable or General, Under Honorable, the VA will make an administrative decision, as to if your service was Honorable for VA disability compensation or not.

If your service was found dishonorable for VA disability compensation purposes, you may still be awarded VA health care for conditions that were either caused by or made worse by your military service.

For this to happen there must be NO Statutory Bar to benefits.

IMPORTANT NOTE:

  • There is also a Provision that allows Gulf War and certain other Veterans who developed specific mental health conditions within a time frame to receive Health care, under chapter 17. Specifically, if the VA is unable to provide service connection for some reason.

    • For more information click HERE.

Statutory Bars

Statutory bars prevent the award of health care benefits. These bars are laid out in 38 CFR § 3.12(c).

The statutory bars are as follows:

  • As a conscientious objector who refused to perform military duty, wear the uniform, or comply with lawful order of competent military authorities.

  • By reason of the sentence of a general court-martial.

  • Resignation by an officer for the good of the service.

  • As a deserter.

  • As an alien during a period of hostilities, where it is affirmatively shown that the former service member requested his or her release.

    • For more information click HERE.

  • AWOL for 180 CONTINUOUS days. HOWEVER, if the AWOL is the result of confinement in a prison/jail then it is NOT a statutory bar!

NOTE:

  • As stated in the Law, AWOL itself, is NOT an immovable bar.

Converting Chapter 17 to Disability Compensation

In the case of grants of chapter 17 due to characters of discharge of other than honorable:

  • You want file a Supplemental claim with evidence of your upgraded character of discharge AND the paperwork showing when you filed for your Upgrade.

In the case of grants of chapter 17 due to denial of service-connection:

  • File a supplemental claim addressing the area(s) of your denial for service-connection for disability compensation mentioned in your decision letter.

Frequently Asked Questions

    • If you had a multiple periods of service and there was one that was dishonorable. Then that disability may have been determined to have begun during that dishonorable period.

References