Reading Room Document

Receipt of Veterans' Benefits by Persons Who Obtained Upgraded Discharges

This document discusses the implementation of Pub. L. 95-126, 91 Stat. 1106 (1977), 38 U.S.C.A. 3103 (1979), which addresses the receipt of veterans' benefits by individuals who obtained upgraded discharges. The conclusion reached is that the statute does not intend to alter the obligations of the Veterans Administration that took effect before October 8, 1977, and therefore no serious constitutional issue arises. The document presents questions for review regarding the effect of the statute on VA loan guaranties, the application of the statute by the VA, and the constitutionality of Pub. L. 95-126 as it affects VA benefits generally. It also discusses the broad power of Congress to modify or withdraw benefits, as well as the lack of vested rights for veterans to receive VA benefits.

April 7, 1978