Chapter 17 (Dishonorable Health Care)
Overview
For veterans whose service was NOT Honorable or General, Under Honorable, the VA makes an administrative decision regarding eligibility for VA disability compensation. Those with dishonorable discharges may still qualify for VA healthcare for conditions caused by or worsened during military service, provided there are NO Statutory Bars to benefits.
Pro Tip: Got an Other Than Honorable discharge? You might still qualify for mental health care under Chapter 17. The VA has expanded access. Don't assume you're out—apply and find out.
Statutory Bars
Statutory bars prevent healthcare benefit awards under 38 CFR § 3.12(c):
- Conscientious objector who refused military duty, uniform wear, or lawful orders
- General court-martial conviction
- Officer resignation for the good of the service
- Desertion status
- Alien during hostilities with documented release request (see 38 CFR § 3.7)
- Continuous AWOL exceeding 180 days (Note: confinement-related AWOL is excluded)
Important: AWOL alone is not an immovable bar per statute.
Special Mental Health Provision
"Gulf War and certain other Veterans who developed specific mental health conditions within a time frame" may receive healthcare under this chapter when service-connection cannot be established through standard means.
Converting Chapter 17 to Disability Compensation
For discharge upgrades: File supplemental claims including evidence of upgraded discharge status plus upgrade filing documentation.
For service-connection denials: File supplemental claims addressing specific denial areas mentioned in decision letters.
Frequently Asked Questions
Why Chapter 17 with Honorable discharge? Multiple service periods may explain this—a disability potentially originated during a dishonorable service period.
See Also
- Board for Corrections of Military Records
- Discharge Upgrade Process
- Mental Health (Chapter 17) Benefits
Key References
- 38 CFR § 3.12 (Discharge-based benefit eligibility)
- 38 CFR § 3.360 (Service-connected healthcare for other-than-honorable discharges)
- 38 U.S. Code Chapter 17 (Hospital, nursing home, medical care)
- M21-1 regulations (Character of discharge and benefits bars)