For too many veterans with less than honorable discharges, the VA door slams shut before they ever have a chance to be heard. But there’s a critical exception that can cut through that barrier: the insanity exception.
At National Security Law Firm, we believe one mistake—or one symptom of an untreated mental health condition—should not define your entire service or strip you of the benefits you’ve earned. The insanity exception is often misunderstood, but when applied correctly, it can be the difference between being shut out forever and finally securing the healthcare and compensation you deserve.
What Is the Insanity Exception?
Under 38 U.S.C. § 5303(b), the VA may not bar you from benefits if you can prove that you were legally “insane” at the time of the offense that led to your discharge.
This doesn’t erase your discharge, but it does remove the barrier to benefits. It’s a second chance at recognition and support for those who served.
How the VA Defines “Insanity”
Forget Hollywood or courtroom definitions. The VA has its own definition, laid out in 38 C.F.R. § 3.354(a). According to the regulation, a veteran may be considered insane if, due to a mental disease, they:
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Deviated for a prolonged period from their normal behavior;
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Interfered with the peace of society; or
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Departed so far from accepted community standards that they couldn’t adapt.
👉 Key point: The insanity doesn’t need to cause the misconduct itself. It only needs to be present at the time of the offense.
How the Courts Interpret Insanity
The Court of Appeals for Veterans Claims (CAVC) has reinforced that insanity, for VA purposes, means a mental disease caused behavior so abnormal that the veteran could no longer distinguish right from wrong or fit into societal norms.
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In Struck v. Brown (1996), the court stressed that insanity must be judged by VA’s definition, not the criminal system’s.
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In Gardner v. Shinseki (2009), the court clarified that the standard is about deviation caused by mental disease, not just bad behavior.
This interpretation makes conditions like PTSD, traumatic brain injury (TBI), or bipolar disorder especially relevant, even when those terms weren’t recognized during the veteran’s service.
Why Medical Evidence Is Everything
Here’s the hard truth: without a medical opinion linking your behavior at the time to a mental disease that meets VA’s definition, your claim will fail.
The challenge is that modern psychiatry doesn’t use the term “insanity.” That’s why it takes a skilled legal team and mental health experts to translate modern diagnoses into language that fits the VA regulation.
A powerful medical opinion will:
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Diagnose the underlying mental disease;
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Explain how it caused behavior fitting VA’s definition of insanity;
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Show that these symptoms were present at the time of the offense.
This bridge—between modern psychiatry and VA’s outdated regulation—is where most veterans lose. With the right team, it’s where you win.
Why This Exception Is So Hard to Prove
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VA’s narrow view: The Board of Veterans’ Appeals often interprets “insane” too strictly.
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Military findings don’t control: A military Sanity Board saying you were “sane” does not bind the VA.
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Missing records: Many veterans had no mental health evaluation at the time of service, making it harder to prove insanity retroactively.
But “hard” doesn’t mean “impossible.” We’ve seen veterans with PTSD, TBI, and other conditions successfully use this exception to finally open the VA’s doors.
Practical Steps If You Think the Insanity Exception Applies
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Secure Medical Evidence
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Get a thorough psychiatric evaluation, including retrospective opinions about your state of mind at the time of the offense.
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Document Behavioral Changes
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Collect buddy statements, family testimony, and service records showing how your behavior changed during service.
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Work with Professionals Who Know the VA System
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An attorney experienced with VA claims can coordinate the right experts, gather the right records, and frame your case so it fits the VA’s strict rules.
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Why This Matters
For some veterans, the insanity exception is the only path to VA benefits. It’s not just about money—it’s about recognition, healthcare, dignity, and the chance to rebuild your life with the support you earned in uniform.
Pricing & How We Get Paid
We know cost is a big concern. Here’s the truth:
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You pay nothing up front.
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We only get paid if you win.
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Fees are a percentage of your back pay, not your future monthly checks.
This aligns our interests with yours—we don’t win unless you do.
Learn more about our pricing here.
WHY NSLF
At National Security Law Firm, our mission is simple: maximize your benefits in the shortest amount of time—and make the process as easy as possible for you.
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Accredited & Trusted: 4.9⭐ Google Reviews.
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Founded by Disabled Veterans: Brett O’Brien, U.S. Army and Army Reserve veteran, founded NSLF after battling the VA himself. He knows what it’s like to be denied.
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We’ve Been There: Almost all our lawyers and paralegals are disabled vets. We’ve walked in your boots.
When you hire us, you’re not just getting representation—you’re getting the firepower of a team that knows every angle of the VA system.
National Security Law Firm: It’s Our Turn to Fight for You.
Frequently Asked Questions (FAQs)
What if I was found “sane” by the military?
Military findings don’t bind the VA. You can still argue the insanity exception under VA law.
Does my current mental state matter?
No. The VA looks at your mental state at the time of the offense, not now.
What conditions qualify as “insanity”?
Any mental disease (like PTSD, TBI, schizophrenia, or bipolar disorder) that caused the type of behavior defined in 38 C.F.R. § 3.354(a).
Can I apply without an attorney?
Yes. But without strong medical and legal framing, most insanity exception claims are denied. An attorney can bridge the gap between medical evidence and VA regulations.
If I win, do I get full VA benefits?
Yes—you’ll be eligible for compensation, healthcare, and all other benefits tied to your disability rating.
Your Next Step
Don’t let a bad paper discharge erase your service—or your future. The insanity exception could be your path back into the VA system.
If you need help, reach out to us today. We’ll walk you through the process, fight to maximize your benefits, and give you the peace of mind you deserve.
👉 Start with our VA Disability Education & Legal Strategy Center—a hub of resources that will answer every question you have about VA claims and appeals. Whether you move forward on your own, with a VSO, or with us, this is your roadmap to success.
At the end of the day, you fought for this country—now it’s our turn to fight for you.
