Don’t Ask, Don’t Tell Policy: Does It Impact VA Disability Benefits?

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If you served under the military’s Don’t Ask, Don’t Tell (DADT) policy, first off—thank you.

You served during one of the most emotionally complex periods in military history.

You showed up for your country even when your country didn’t fully show up for you.

Even though DADT was repealed in 2011, its shadow still impacts thousands of veterans today—especially those seeking VA disability benefits.

Many LGBTQ+ veterans were discharged with less-than-honorable characterizations, preventing them from receiving the VA care, compensation, and recognition they earned.

Others face challenges proving service connection for mental health conditions stemming from years of harassment or internalized trauma.

In this definitive guide, VA disability expert Brian Reese will reveal and explain:

• A brief history and repeal of DADT

• How DADT discharges affect VA disability claims

• What to do if you were discharged under DADT

• List of VA conditions most impacted by DADT

• How the repeal has helped (and hurt) veterans

• Pro tips and resources to get the benefits you deserve

Okay, let’s begin!

Summary of Key Points

• Don’t Ask, Don’t Tell (DADT) forced LGBTQ+ service members to hide their identity or face discharge, with over 13,000 discharged between 1994–2011.

• VA disability benefits are still denied to many DADT-era veterans due to less-than-honorable discharges, despite the 2011 repeal.

• Veterans can pursue benefits by applying for a discharge upgrade or requesting a VA Character of Discharge (COD) determination.

• Common DADT-related conditions include PTSD, anxiety, depression, and MST—often lacking service record documentation and requiring strong lay evidence and a nexus letter.

Don’t Ask, Don’t Tell (DADT) Explained

“Don’t Ask, Don’t Tell” (DADT) was the official U.S. military policy from 1994 to 2011 that prohibited openly gay, lesbian, and bisexual individuals from serving in the armed forces.

Enacted under 10 U.S.C. § 654, the law required service members to conceal their sexual orientation.

If a member engaged in same-sex conduct, identified as gay or lesbian, or attempted to marry someone of the same sex, they could be investigated and discharged.

Signed into law during the Clinton administration in 1993, DADT was promoted as a compromise—commanders would not inquire about sexual orientation, and service members were not required to disclose it.

In practice, however, it forced LGBTQ+ personnel to serve in silence under the constant threat of separation if their identity became known.

In 2010, Congress passed the Don’t Ask, Don’t Tell Repeal Act (Pub. L. 111–321), and the policy was formally repealed in 2011 under the Obama administration.

Between 1994 and 2011, more than 13,000 service members were discharged under DADT.

Many of these veterans were left with less-than-honorable discharges, limiting their access to critical VA benefits.

Today, LGBTQ+ individuals can serve openly in the U.S. military without fear of discharge, denial of promotion, or loss of benefits based solely on their sexual orientation.

How DADT Impacts VA Disability Benefits

VA disability eligibility largely depends on two things:

• #1. Your military discharge status

• #2. Service connection of your condition

Unfortunately, many veterans discharged under DADT received an “Other Than Honorable” (OTH), “General,” or even “Dishonorable” characterization.

And guess what?

These discharges can block access to vital VA benefits like health care, education, and disability compensation.

The VA generally requires an Honorable or General Under Honorable Conditions discharge to qualify for benefits.

However, if you received an OTH discharge under DADT, you may be eligible to have your record corrected or undergo a Character of Discharge (COD) Determination by the VA.

Veterans Discharged Under DADT: Can You Receive VA Disability Benefits?

Yes—you can still qualify, even if your discharge wasn’t Honorable.

Here’s how:

#1. Request a Discharge Upgrade

You can apply through your branch’s Discharge Review Board (DRB) or Board for Correction of Military Records (BCMR) to have your discharge upgraded.

The VA considers length and quality of service, circumstances of discharge, and any post-service conduct when reviewing COD determinations.

Misconduct related to sexual orientation under DADT is often weighed differently today.

#2. Apply for a VA Character of Discharge Determination

Even if your discharge isn’t upgraded, the VA can still grant you benefits through a COD determination.

This is a separate process where the VA reviews your service and the circumstances of your discharge to decide if you should be eligible.

Many veterans have successfully used this route to access VA health care and disability compensation.

Challenges Veterans Still Face

Despite the repeal, many LGBTQ+ veterans face steep uphill battles, including:

• Difficulty proving service connection for PTSD or anxiety caused by harassment, bullying, or trauma related to hiding their identity

• Inadequate documentation in service treatment records (STRs) due to the secrecy and stigma of DADT

• Delays or rejections in discharge upgrade requests

• Lack of awareness of available legal and VA resources

VA Disability Conditions Most Impacted by DADT

Several VA disability conditions have been disproportionately impacted by DADT, primarily mental health-related claims.

PTSD, depression, and anxiety are common among LGBTQ+ veterans who endured harassment, fear of exposure, or internalized trauma from having to hide their identity.

Many also experienced Military Sexual Trauma (MST), which often went unreported due to fear of outing.

These conditions frequently lack in-service documentation, making them harder to prove without lay statements and private medical opinions.

Substance use disorders may also develop secondarily, as veterans turn to unhealthy coping mechanisms to manage unaddressed trauma.

Strong lay evidence and a well-written nexus letter are essential to service-connect these conditions.

How the Repeal Helped—and Where It Still Hurts

What improved:

• LGBTQ+ service members can now serve openly and honorably

• Many DADT-era discharges have been successfully upgraded

• VA is more inclusive and aware of LGBTQ+ mental health needs

Where veterans still struggle:

• The upgrade process can be slow and burdensome

• Proving trauma or discrimination without official documentation remains difficult

• Veterans may avoid the process altogether out of shame or fear

Resources for LGBTQ+ Veterans

If you or someone you know was discharged under DADT, don’t go it alone.

Here are some key resources:

• VA LGBTQ+ Veteran Care Coordinator – Every VA Medical Center has one. They provide support, guidance, and help navigating inclusive VA services.

• Swords to Plowshares – Offers legal support for discharge upgrades and VA benefits, especially for veterans with less-than-honorable discharges.

• Modern Military Association of America (MMAA) – The nation’s leading LGBTQ+ military and veteran advocacy group. Provides legal help, policy support, and education.

• VA Character of Discharge Review Process – Veterans with OTH discharges can request a VA determination of benefit eligibility.

Pro Tips and Strategies to Win Your DADT Claim

• Don’t wait. Start the discharge upgrade or COD determination process as soon as possible. Delays can cost you months or even years of lost benefits.

• Gather lay evidence. Statements from friends, family members, chaplains, or fellow service members can help verify what you went through.

• Get a nexus letter. A private medical provider’s professional opinion that connects your condition to your service under DADT is powerful evidence.

• Use a VA-accredited representative. Don’t go it alone—work with someone who understands both the VA process and DADT-related complexities.

• Document everything. Journals, therapy records, civilian medical reports—any record of symptoms or treatment matters.

• Explain the gaps. If your STRs are missing documentation, tell the VA why. A personal statement about the fear of reporting during DADT helps fill in the blanks.

• Appeal if denied. Many DADT-related claims are initially denied. Don’t give up—appeal and submit stronger evidence.

Example: Army Veteran Reclaims Benefits After DADT Discharge

Let me share a brief example.

An Army veteran we’ll call “J.T.” was discharged in 2003 with an “Other Than Honorable” discharge after a relationship with another soldier was discovered.

J.T. served honorably for over six years but never received VA care or benefits because of the discharge.

After learning about discharge upgrades, J.T. applied to the Army Discharge Review Board with a letter of support from his former commander, a therapist’s statement detailing PTSD symptoms, and several personal statements.

His discharge was upgraded to “General Under Honorable Conditions.”

Next, J.T. filed a VA claim for PTSD, citing trauma from harassment, fear of exposure, and the psychological toll of hiding his identity.

He used a private medical nexus letter and several buddy letters from fellow soldiers.

The result?

He was awarded a 70% VA rating for PTSD, access to VA health care, and years of back pay.

More importantly, J.T. said he finally felt “seen” and validated by the system.

Conclusion & Wrap-Up

The repeal of DADT was a historic moment, but it wasn’t the finish line.

Thousands of LGBTQ+ veterans are still left picking up the pieces.

If you were discharged under DADT, or you suffer from service-related conditions that were never properly documented or addressed, you still have options to get the VA disability benefits you deserve.

The system is complex, but the law is on your side.

Take action.

Use the resources.

Don’t be afraid to speak up and demand what you’ve earned through your military service.

Don’t ever settle.

Don’t suffer in silence.

And don’t go it alone.

At VA Claims Insider, we’re here to help you maximize your benefits and secure the compensation you rightfully deserve.

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