Review by the Board

(1) Rule 1 - Right of Appeal. Any veteran receiving a less than honorable discharge under M.G.L. c. 115, § 16, has the right to appeal to the Veterans Equality Review Board. The Board will then review the completed application to make a determination whether the veteran is eligible for veterans state-based benefits. (2) Rule 2 - Scope of Review upon Appeal. In an appeal, the Board shall consider only whether ineligibility for state-based veterans benefit was due to the veteran: (a) receiving a less than honorable discharge under 10 U.S.C. 654, also known as the Don't Ask, Don't Tell policy (b) or on the basis of sex, race, color, religious creed, national origin, age, genetic information, ancestry, marital status, or any signs or symptoms of any disability, mental health conditions, military sexual trauma and or traumatic brain injury. 3/28/25 108 CMR - 75 (Mass. Register #1544, 3/28/2025) 108 CMR: EXECUTIVE OFFICE OF VETERANS' SERVICES 17.04: continued (3) Rule 3 - Parties to Appeal. (a) The parties to an appeal shall consist of the applicant and their representative, if necessary, the Executive Office of Veterans Services, and the Board. (b) Any person who is a party to an appeal by virtue of 108 CMR 17.05(3)(a) may withdraw as a party by filing a notice of withdrawal with the Board. Withdrawal shall take effect upon receipt.