38 C.F.R. § 3.360

Service-connected health-care eligibility of certain persons administratively discharged under other than honorable condition

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(a) General. The health-care and related benefits authorized by chapter 17 of title 38 U.S.C. shall be provided to certain former service persons with administrative discharges under other than honorable conditions for any disability incurred or aggravated during active military, naval, or air service in line of duty.

(b) Discharge categorization. With certain exceptions such benefits shall be furnished for any disability incurred or aggravated during a period of service terminated by a discharge under other than honorable conditions. Specifically, they may not be furnished for any disability incurred or aggravated during a period of service terminated by a bad conduct discharge or when one of the bars listed in § 3.12(c) applies.

(c) Eligibility criteria. In making determinations of health-care eligibility the same criteria will be used as is now applicable to determinations of service incurrence and in line of duty when there is no character of discharge bar.

[43 FR 15154, Apr. 11, 1978]

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 2001–2023 · leading case: Garry J. Augustine, Claimant-Appellant v. Anthony J. Principi, Sec'y of Vets. Affairs, 343 F.3d 1334 (Fed. Cir. 2003).

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Garry J. Augustine, Claimant-Appellant v. Anthony J. Principi, Sec'y of Vets. Affairs, 343 F.3d 1334 (Fed. Cir. 2003). “Augustine argues that the loss of use of his hand and foot, together with his elbow injury, entitled him to the Vk rate under 38 C.F.R. § 3.360 (0(1)0), and that 38 C.”

10-19 236 (Board of Vet. App. 2016). · cites it 4× “A February 2008 administrative decision concluded that the Appellant's discharge was dishonorable for VA purposes, but entitlement eligibility still remained for health care benefits under 38 C.F.R. § 3.360 . The Appellant did not appeal this administrative decision.”

181115-1110 (Board of Vet. App. 2019). · cites it 3× “38 C.F.R. § 3.360 (a). With certain exceptions such benefits shall be furnished for any disability incurred or aggravated during a period of service terminated by a discharge under other than honorable conditions.”

190814-39780 (Board of Vet. App. 2020). · cites it 3× “38 C.F.R. § 3.360 (a). With certain exceptions, such benefits shall be furnished for any disability incurred or aggravated during a period of service terminated by a discharge under other than honorable conditions.”

David A. Hamill v. Denis McDonough (Vet. App. 2023). · cites it 2× “71 The regulatory provision that applies to the veteran’s status is not even in chapter 17 of the statute or the regulation; it is in 38 C.F.R. § 3.360 . Section 3.360(a) provides as follows: The health-care and related benefits authorized by chapter 17 of title 38 U.”

Oliphant v. Principi, 15 Vet. App. 116 (Vet. App. 2001). · cites it 2× “1106 , 1107-08 (requiring that VA health care be provided to person who served on active duty for any disability incurred or aggravated in line of duty even though person is otherwise barred by character of discharge as long as person did not receive bad conduct discharge); 38…”

United States v. Grenald (A.F.C.C.A. 2016). “”); 38 C.F.R. § 3.360 (b) (health care and related benefits “may not be furnished for any disability incurred or aggravated during a period of service terminated by a bad conduct discharge”); see also Department of Veterans’ Affairs, Adjudication Procedures Manual, M21-1MR, III.”

10-32 369 (Board of Vet. App. 2017). “See 38 C.F.R. § 3.360 . The Board notes that actual enrollment in the VA health care system is determined by an appellant's priority category.”

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