Vietnam Vets With OTH Discharge Classification — Your Government Says You’re Worthy of Medical Care
50 years too late, the VA is willing to rethink abandoning you
Bulletin from the Department of Veteran’s Affairs: “On April 24, 2024, the Department of Veterans Affairs posted a final rule amending its regulations regarding character of discharge determinations, expanding access to VA care and benefits for some former service members discharged under other than honorable conditions or by special court-martial.”
Asshats in charge
In 2014, it was estimated that 250,000 Vietnam-era veterans were dumped with other-than-honorable discharges — almost 100,000 of them may have had PTSD that directly caused the OTH classification. The U.S. administratively abandoned these service members for conduct probably attributable to post-traumatic stress, such as violent outbursts, drug use, and absence without leave. The same has likely happened to veterans of other conflicts, too.
These men and women were, across the board, exposed to Agent Orange, poisoned by burn pits, and subject to appalling public ridicule when they returned home from fighting an unjust, illegal war.
Ten years ago, a Pentagon guideline called for “liberal consideration” for Vietnam War veterans and said out loud that some veterans with OTH discharges are eligible for medical and disability benefits. Not much happened. Still, in 2024, thousands of veterans continue to beg for medical and disability benefits through a long, stupid, red-tape-laden process. Many have been denied upgrades even under the new policy.
Three years ago, the Pact Act took another baby step toward justice for these abandoned veterans. Veterans may find some help through that law, too.
But this week, the U.S. government finally pulled their heads out of their back pockets and made a veterans eligibility ruling that is only about 50 years overdue. I’m happy to applaud the effort, even though it is on the edge of too little, too late. They say all veterans who served in the Vietnam War and meet basic service and discharge requirements are eligible for some or all benefits. Of course, the thousands who died homeless or took their own lives will not benefit.
In a nutshell, here’s the latest VA position
Benefits, in theory, will no longer be denied for “homosexual acts involving aggravating circumstances or other factors affecting the performance of duty.” Welcome to 21st-century human rights.
The highly subjective “willful and persistent misconduct” or an “offense involving moral turpitude” judgment on a DD214 will no longer automatically bar a veteran from benefits.
The VA still demands a long, drawn-out process with reams of paperwork to determine if there were extenuating circumstances or to decide that while such actions may have been questionable, the overall character of service was probably honorable. The mere act of dodging bullets in the jungle seems honorable to me.
All former service members previously found ineligible for VA benefits may now be eligible for benefits and are encouraged to reapply. Be prepared; it isn’t a slam dunk (though it should be). But I have walked through the process with a service member, and it is very much worth your time and effort. You deserve to be cared for.
UPDATED NOTE: I walked another Vet through this painful process that, for him, included six trips across the state for medical exams, a ream of paperwork, testimonials from people who knew him in the service and would vouch for his character, letters from his employers, an essay about his experience in Viet Nam, copies of tons of military and life records (had to be obtained from the govt, at a fee for each, interviews, and more. After 9 months, the reply was that they could not revise the Vet’s discharge classification because his hospital records from Vietnam and Germany could not be located. Are you KIDDING me? It was half a century ago...no surprise.
But so far, over the past few years, about 75% of those petitioning for reinstated benefits have been approved. That’s not enough, but it’s a start.
Here’s how to apply
You will need this website to learn how to gather your evidence and documents
How to file a VA disability claim | Veterans Affairs
Don’t delay; contact your county’s Veterans Assistance Commission and ask to be assigned an advocate. In general, that advocate will be 100% on your side and will hold your hand through the process, start to finish. It’s on you to keep in close touch with your advocate and make follow-up inquiries frequently.
If the assigned advocate drops the ball, call back and ask for a different advocate. The squeaky wheel.…
Follow all the instructions you receive — it’s worth your time to write explanations, gather papers, and submit requested materials.
My family, including my three children, have been in service to the United States for countless generations, going back to the American Civil War. Like all military families, we have paid a price, but by far, our Vietnam veterans have had the biggest cross to carry.
I have read that these new policies may make you eligible for health care, monthly benefits, VA loans, and other life-assistance. Take advantage of whatever benefits you can get — you have EARNED them.
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Another reason to love you...
My family has served for many, many generations and through many conflicts. I am intimately acquainted with the unbelievably slow and insulting processes of filing for disability, so anyone who helps a veteran through this has my immediate respect.
On a side note, my dad was an Air Force retiree and served in Vietnam. He had a horrific cancer for three years, which he survived. The doctors told him that it was likely caused by smoking and by Agent Orange. My sister and I often talked to dad about filing for disability claims based on the Agent Orange exposure. His response - too much trouble. He passed in 2013.
Thanks for sharing this information and for your respect and care for veterans.
Timely and informative. Thank you.