NEW YORK, April 6 VetsFirst, a national veterans service organization that serves the needs of America's veterans with disabilities, and their families and survivors, has advised U.S. Department of Veterans Affairs (VA) Secretary Eric K. Shinseki that the VA must immediately change the way it provides notices and other information to claimants for VA benefits in order to comply with the law.
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In response to VetsFirst's demand, the VA, in a letter from its General Counsel, advised that it is committed to complying with the requirements of section 504 and federal court decisions. In order to do this, the VA expressed its intention to partner with the American Council of the Blind to determine the best ways of providing more accessible notice to VA claimants with visual impairments and that it will study other federal agencies' best practices concerning crafting adequate alternative notices and other communications.
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"We are gratified by the VA's recognition of our concern that a large segment of claimants for VA benefits could have their benefits and health care jeopardized because they receive notices that are inaccessible to them because of the very disabilities that underlie their claims," said Paul J. Tobin, VetsFirst's President and CEO. "We intend to work closely with the VA to ensure that it promptly develops and implements adequate alternative communications that allow veterans and their family members to receive vitally needed benefits and health care earned through military service," Tobin added.
Recent federal court decisions have made it clear that Section 504 of the Rehabilitation Act of 1973 requires that individuals with disabilities may not be excluded from, denied access to, or be discriminated against when seeking benefits under any federal executive agency program on the basis of their disabilities. The courts have ruled that federal agencies with benefits programs like the VA that rely on standard print written correspondence sent by regular mail do not satisfy their section 504 obligation to provide adequate notice and other important information to claimants for agency benefits. Rather, these agencies are required to provide "adequate alternative modes of communication" to ensure that claimants understand the significance of the notice.
VetsFirst was joined by United Spinal Association, Vietnam Veterans of America and the Veterans Law Section of the Federal Bar Association in its letter to Secretary Shinseki.
About VetsFirst
In partnership with United Spinal Association (www.unitedspinal.org), VetsFirst (www.vetsfirst.org) is a national 501(c)(3) non-profit membership organization. VetsFirst's network of national veterans service officers and attorneys provide assistance and representation in securing health care, disability compensation, rehabilitation, education and other benefits for its members before the Department of Veterans Affairs' and in the federal courts. Membership in VetsFirst is free.
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SOURCE VetsFirst
