The process you are inquiring about is a **military discharge upgrade** through the **Department of Defense (DoD)**, not the VA; the VA adjudicates benefits based on the discharge character the military provides, per **38 CFR 3.12**. The goal is to have the DoD change the characterization to "honorable" or "under honorable conditions" based on new evidence, often related to undiagnosed or unconsidered service-connected mental health conditions, physical injuries, or mitigating circumstances like sexual trauma. Success hinges on proving the discharge was improper or inequitable due to a condition like PTSD, TBI, or depression that likely influenced misconduct, supported by current medical nexus opinions. Relevant case law includes *McKinney v. McDonald*, where the Court of Appeals for Veterans Claims recognized that a diagnosed mental health condition can be a mitigating factor for misconduct. Actionable next steps are: 1) Obtain your spouse's complete service and medical records; 2) File an application with the appropriate review board—the **Discharge Review Board (DRB)** if within 15 years of separation or the **Board for Correction of Military/Naval Records (BCM/NR)** for any timeframe—using **DD Form 293** or **DD Form 149**; 3) Submit a robust personal statement and buddy statements detailing the circumstances; and 4) Secure a strong, current medical nexus opinion linking diagnosed conditions to the in-service behavior that led to discharge. Concurrently, the spouse can still apply for VA benefits, as the VA conducts its own **Character of Discharge (COD)** determination under **38 CFR 3.13**; a less-than-honorable discharge does not automatically bar all benefits, especially if misconduct is linked to a service-connected mental health condition (**38 CFR 4.130**). *Disclaimer: This is educational information for claims assistance and is not formal legal, medical, or official DoD/VA advice; for personalized guidance, consult a Veterans Service Organization or accredited attorney.*
Need a deeper analysis?
Official 2026 VA monthly compensation, including the 2.8% COLA increase.
Dependent add-ons start at a 30% rating. Child-only and dependent-parent rates: see the full 2026 pay chart.
| Rating | Monthly (2026, incl. 2.8% COLA) |
|---|---|
| 10% | $180.42 |
| 20% | $356.66 |
| 30% | $552.47 |
| 40% | $795.84 |
| 50% | $1,132.90 |
| 60% | $1,435.02 |
| 70% | $1,808.45 |
| 80% | $2,102.15 |
| 90% | $2,362.30 |
| 100% | $3,938.58 |
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