Veterans Equality Review Board (VERB)

Under Chapter 115, Section 53, Subsection 16: the Veterans Equality Review Board was established to ensure veterans who received a less than honorable discharge under 10 U.S.C. 654, also known as the Don’t Ask, Don’t Tell policy, or based on a protected class under federal law, including sex, race, color, religious creed, national origin, age, genetic information, ancestry, marital status, disability, sexual orientation, mental health conditions, military sexual trauma (MST), traumatic brain injury (TBI), post-traumatic stress disorder (PTSD), and human immunodeficiency viruses (HIV), may be eligible to receive state-based veteran benefits.

The HERO Act (Section 136) expanded the scope of the VERB board beyond Don’t Ask, Don’t Tell to include reviewing discharges for all protected classes under federal law. Section 136 allows an applicant to tell their story to the VERB and if the applicant’s application falls under the purview of Don’t Ask, Don’t Tell policy, or a protected class under federal law that may connect to their discharge status, they may be eligible for state-based veteran benefits.

Who is Eligible?

If a veteran who received a less than honorable discharge and believes such discharge characterization was based on the veteran’s sexual orientation, gender identity or gender expression, they may file an appeal to the Veterans Equality Review Board. The applicant should include evidence supporting the applicant’s claim that the less than honorable discharge characterization was based on the veteran’s sexual orientation, gender identity or gender expression.

Application Timeline

The board shall complete review of each application no more than 30 days after receipt and render a written recommendation to The Secretary of the Executive Office of Veterans Services no more than 30 days after completion of said review. The Secretary shall issue a written decision not later than 10 days after receipt of the board's recommendation, approving or denying the application. If the Secretary approves the application, the veteran shall be eligible for state-based veteran benefits. If the Secretary denies the application, the veteran may file a request for reconsideration, including additional documentation for the application, no more than 30 days after receipt of the Secretary’s decision.