--- title: "Part XIII, Subpart i, Chapter 3, Section B Healthcare Eligibility Determinations for Former Service Members Discharged Under Other-Than-Honorable (OTH) Conditions" document: "M-21-1" section: "Part XIII, Subpart i, Chapter 3, Section B" canonical: "https://veteranai.co/va-regulations/m21-1/xiii.i.3.b-healthcare-eligibility-determinations-for-former-service" source: "https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000173782/M21-1-Part-XIII-Subpart-i-Chapter-3-Section-B-Healthcare-Eligibility-Determinations-for-Former-Service-Members-Discharged-Under-Other-Than-Honorable-OTH-Conditions" updated: "2026-09-07T14:38:09.199782Z" --- April 6, 2026 ### XIII.i.3.B.1.a. Requirements for Eligibility for Health Care Health care benefits are generally extended to Veterans who meet the minimum active duty service requirements and were discharged or released under conditions other than dishonorable. Medical facilities may request information from regional offices (ROs) when a character-of-discharge (COD) determination is required for the purpose of determining eligibility for health care. ### XIII.i.3.B.1.b. Initiation of VA Form 20-0986 by a VHA Facility Upon receipt of an application for treatment from a former service member with an other-than-honorable (OTH) discharge, the Veterans Health Administration (VHA) facility initiates a _[VA Form 20-0986, Eligibility Determination for Character of Discharge (COD) Request Form]()_ , advising the RO that an eligibility determination is needed. ### XIII.i.3.B.1.c. EP Control Over Eligibility Determination Requests Use an end product (EP) 290 – _Character of Discharge_ to control any incoming VHA request for an eligibility determination regarding COD. **Important:** If Box 16 of _[VA Form 20-0986]()_ is checked or if remarks in Box 17 clearly indicate that emergency (as opposed to routine) mental health care is requested, * ensure that the _Emergency Care_ corporate flash has been appended to the former service member’s record, and * follow the procedural instructions found in M21-1, Part XIII, Subpart i, 3.B.1.e. **Notes:** * If an application for disability compensation is received after an EP 290 has been established to control such a request, * separately establish the appropriate rating EP, using the date of receipt of the claim for disability compensation as the date of claim * add _character of discharge_ as a contention, and * add the _COD AQ95_ special issue indicator to the contention. * If a VHA request is received while a rating EP is pending, and no COD determination has been made, * separately establish an EP 290 – _Character of Discharge_ , and * add * _character of discharge_ as a contention to the rating EP * the _COD AQ95_ special issue indicator to the contention, and * any tracked items for the COD determination, previously controlled solely under the rating EP, to the newly established EP 290. ### XIII.i.3.B.1.d. Actions to Take Upon Receipt of an Eligibility Determination Request When a VHA facility initiates a request for an eligibility determination regarding COD, follow the steps in the table below. **Exception:** If the eligibility determination request pertains to a former service member’s potential access to emergency mental health care, follow processing instructions in M21-1, Part XIII, Subpart i, 3.B.1.e. | **Step**| **Action** 1| Does review of the claims folder indicate an RO has previously prepared a COD determination or a decision on eligibility for benefits under [38 U.S.C. Chapter 17]()? * If _yes_ , go to Step 4. * If _no_ , go to the next step. 2| Accomplish any and all development necessary to render an administrative decision in the matter of COD, including all available service department records (service treatment records, personnel records, and records of proceedings pertaining to the discharge)._**Reference**_ : For more information on collecting information on the facts and circumstances surrounding discharge, see [M21-1, Part X, Subpart iv, 1.A.1](). 3| Refer the case for preparation of an administrative decision. 4| Based on the outcome of the administrative decision, * complete system updates, as discussed in the Entering _Character of Discharge (COD) Decision Job Aid_ on the [_Character of Discharge (COD) Information Page_](), and * complete Part IV of _[VA Form 20-0986]()_. _**Note**_ : The electronic copy of _[VA Form 20-0986]()_ must be edited to show Part IV has been completed. Upload the annotated document to the electronic claims folder (eFolder) with the attributes displayed in the table below.| **In the document field …**| **Enter/select …** SUBJECT| _Part IV completed and referred to VHA_. CATEGORY – TYPE| _Checklist: VA Form 20-0986 Eligibility Determination for Character of Discharge (COD) Request Form_. SOURCE| _Veteran_. DATE OF RECEIPT| date action was taken. 5| Return a copy of the completed _[VA Form 20-0986]()_ to the originating VHA facility, attaching a copy of the administrative decision._**Notes**_ : * Add a permanent claim level note stating that the form was returned. * Document the eFolder to reflect if an e-mail is sent to VHA. 6| * Create a decision notice communicating the outcome of the administrative decision (unless such notification was previously provided) in accordance with [M21-1, Part X, Subpart iv, 1.A.1](). * Send the notice to the former service member. 7| Prepare a record-purpose award to clear the EP 290 – _Character of Discharge_ established to control the eligibility determination request. 8| Is a rating EP based on a claim for compensation benefits concurrently pending? * If _yes_ , go to the next step. * If _no_ ,__ take no further action. 9| Use the table below to determine the next action. | **If the COD determination indicates ...**| **Then ...** the former member’s service is under conditions other than dishonorable| * accomplish any and all normal development necessary to ready the case for rating disposition * refer the case for preparation of a rating decision addressing service connection (SC) for specifed conditions, and * go to the next step. * the former service member’s service is not under conditions other than dishonorable, but * the former service member is eligible for health care benefits under [38 U.S.C. Chapter 17]() * accomplish any and all development (to include requesting any medical opinions warranted) necessary to ready the case for rating disposition * refer the case for preparation of a rating decision addressing SC for treatment purposes for specified conditions, and * go to the next step. * a statutory bar to VA benefits exists under an offense specified in [38 CFR 3.12(c)](), or * the former service member is eligible for neither disability compensation nor health care benefits under [38 U.S.C. Chapter 17]() * clear the rating EP, and * disregard the remaining step in this table. 10| Process the rating decision rendered in response to Step 9 by * preparing a corresponding decision notice for the claimant * completing Part V of the _[VA Form 20-0986]()_ * returning a copy of the completed [_VA Form 20-0986_]() to the originating VHA facility * adding a permanent claim-level note indicating that the form was returned, and * documenting the eFolder if an e-mail is sent to VHA. _**Important**_ : The electronic copy of [_VA Form 20-0986_]() must be edited to show that Part V has been completed. Upload the document to the eFolder with the attributes displayed in the table below.| **In the document field …**| **Enter/select …** SUBJECT| _Part V completed and referred to VHA_. CATEGORY – TYPE| _Checklist: VA Form 20-0986 Eligibility Determination for Character of Discharge (COD) Request Form_. SOURCE| _Veteran_. DATE OF RECEIPT| date action was taken. **_ _** **References:** For more information on * ratings for SC for treatment purposes, see [M21-1, Part XIII, Subpart i, 3.A.4]() * referring cases to the authorization activity for eligibility determinations, see [M21-1, Part XIII, Subpart i, 3.A.3]() * COD determinations, see [M21-1, Part X, Subpart iv, 1.A]() and [B](), and * EPs, see [M21-4, Appendix B](). ### XIII.i.3.B.1.e. Actions Specific to Special Eligibility Determination Requests Involving Access to Emergency Mental Health Care When a VHA facility initiates a request for an eligibility determination regarding COD, and the request contains the _MHI_ language referenced in M21-1, XIII, Subpart i, 3.B.1.c, consider it sought in support of affording the former service member access to **_emergency mental health care_** , and prioritize action accordingly. **Note:** Application of the _Emergency Care_ corporate flash mandated in M21-1, Part XIII, Subpart i, 3.B.1.c prompts National Work Queue reassignment to one of several designated processing stations. Eligibility determination requests involving access to emergency mental health care are centrally processed by the Nashville and Winston-Salem ROs. Follow the steps in the table below to respond to an eligibility determination request of this type. | **Step**| **Action** 1| * Review the claims folder for a previously-prepared COD determination or decision on eligibility for benefits under [38 U.S.C. Chapter 17](), and * accomplish any and all development necessary to render such a determination, as needed. _**Reference**_ : For more information on development required for COD determinations, see [M21-1, Part X, Subpart iv, 1.A.1](). 2| * Prepare an administrative decision as to COD and eligibility for benefits under [38 U.S.C. Chapter 17]() * complete system updates, as discussed in the _Entering Character of Discharge COD Decision Job Aid_ on the [_Character of Discharge (COD) Information Page_](), and * provide notice of the administrative decision’s findings to the * former service member by following the instructions in [M21-1, Part X, Subpart iv, 1.A.1](), and * originating VHA facility by * completing Part IV of the [_VA Form 20-0986_](), and * returning the form by e-mail to the originating VHA facility. **Reference:** For more information on providing notice of COD determinations’ outcomes to VA and non-VA entities, see [M21-1, Part X, Subpart iv, 1.A.1](). 3| Use the table below to determine the next action. | **If ...**| **Then ...** the former service member’s COD was deemed under conditions other than dishonorable | * prepare a record-purpose award to clear the pending EP 290 * remove the _Emergency Care_ corporate flash, and * continue processing the case from Step 8 of the table in M21-1, Part XII, Subpart i, 3.B.1.d. * the former service member’s COD was deemed not under conditions other than dishonorable, and * the former service member was _**not**_ found eligible for health care benefits under [38 U.S.C. Chapter 17]() (for reasons such as a statutory bar identified in [38 CFR 3.12(c)]()) * prepare a record-purpose award to clear the pending EP 290 * remove the _Emergency Care_ corporate flash, and * disregard the remaining steps in this table. * the former service member’s COD was deemed not under conditions other than dishonorable (for reasons such as a regulatory bar identified in [38 CFR 3.12(d)]()), but * the former service member was found eligible for health care benefits under [38 U.S.C. Chapter 17]() * prepare a record-purpose award, continuing the EP 290 at authorization * add the _Emergency Care – CH17 Determination_ special issue indicator, and * go to the next step. **Important:** Unlike other VHA eligibility determination requests, those involving access to emergency mental health care _must_ be construed as free-standing claims for SC for treatment purposes for any mental health condition(s) for which the Veteran is receiving treatment. 4| Because the request from VHA is received on a [_VA Form 20-0986_]() and not a [_VA Form 21-526EZ, Application for Disability Compensation and Related Compensation Benefits_](), ensure that [Section 5103]() notice requirements have been satisfied. Accomplish any and all development necessary to ready the case for a rating decision (the development that would be required for SC under a typical rating EP) concerning the former service member’s entitlement to SC for treatment purposes for a mental health condition.**_ _**Note:** The development referenced above may involve the * acquisition of specified medical treatment records, and/or * ordering of any medical opinions warranted under [M21-1, Part IV, Subpart i, 1.A](). 5| Prepare a rating decision addressing SC for the specified conditions for treatment purposes as described in [M21-1, Part XIII, Subpart i, 3.A.4.c](). 6| * Process the rating decision prepared in Step 5, and * prepare a corresponding decision notice for the claimant. 7| * Notify the originating VHA facility of all disabilities individually deemed SC or NSC for treatment purposes under [38 U.S.C. Chapter 17]() by * completing Part V of the [_VA Form 20-0986_](), and * returning the form to the originating VHA facility * clear the pending EP 290, and * remove the _Emergency Care_ corporate flash. **_ _** **Note:** If a former service member in need of emergency mental health care submits a completed application claiming disability compensation for the underlying mental condition(s) _before_ the issue of COD is resolved, any decision concerning SC for treatment purposes for the mental condition(s) will be decided under the pending EP 290.