VetsFirst recently wrote to U.S. Department of Veterans Affairs (VA) Secretary Eric K. Shinseki demanding 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.
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.
In response to VetFirst’s demand, the VA, in a letter from its General Counsel, advised that the VA is committed to complying with the requirements of section 504 and the federal courts. In order to do this, the VA stated that it intends to partner with the American Council of the Blind to determine the best ways of addressing the issues raised in VetsFirst’s letter and that it will study other federal agencies’ best practices concerning crafting adequate alternative notices and other communications.
“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 said.
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.