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Disability Rights Past, Present And Future: A Roadmap For Disability Rights
No full textThe Americans with Disabilities Act (“ADA”)2 “was and is all about civil rights.”3 Enacted in 1990, its goal was to prohibit discrimination based on disability across society, from employment to places of public accommodation and government services. As the byproduct of bipartisan support and significant advocacy and leadership by members and allies of the disability community, there were high hopes that the ADA would live up to its goal. Unfortunately, that reality never came to pass for many individuals with disabilities. Instead, a line of Supreme Court decisions in 1999 and 2002 imposed increasingly narrow interpretations of the law’s core provisions that removed many individuals from the scope of the ADA’s protections. 4 The Court found that disabled individuals either “mitigated” their condition through treatment or failed to demonstrate that their condition “substantially limits” major life activities within the meaning of the statute
Should Veterans Disability Compensation Be Conditional Upon Veterans Working Towards Rehabilitation And Return To Employment?
No full textThe Department of Veterans Affairs (VA) has experienced dramatic increases in its budgets since September 11, 2001.1 Increasing federal deficits during this time has led Congress to seek spending cuts, causing tensions in efforts to ensure that a declining veteran population receives the quality benefits and services they earned through years of service.2While the number of veterans in the United States has steadily been declining due to veterans of World War II, Korea, and Vietnam dying,3 the number of veterans receiving disability compensation has risen dramatically due to injuries sustained by service members in conflicts in Iraq and Afghanistan, and the increased survivability of many of the injuries they have sustained.4 The high cost of compensation has prompted policymakers to consider whether fundamental changes are needed in the VA disability system. Some legislative and policy recommendations would tie disability benefits to work incentives and medical treatment requirements to reduce long-term dependence on federal benefits
What Can The Protection And Advocacy Network Offer To Our Veterans?
No full textThe desire to compensate veterans predates the establishment of the United States (“U.S.”). In 1636, individuals with disabilities received pensions for defending the Plymouth colony against Native Americans.1 Throughout history, this practice continued, as documented by the U.S. Department of Veterans Affairs (“VA”).2 By 1930, President Herbert Hoover signed the Executive Order 5398, which created the Veterans Administration.3 Prior to President Hoover’s signing of that executive order, the available veteran services were divided by three separate governmental agencies: the Veterans’ Bureau, the Pensions Bureau, and the Soldiers’ Home.4 Consequently, that executive order combined all three agencies into one that concentrated and streamlined the available services for veterans.5 By 1988, that agency elevated to a cabinet-level position and renamed the VA.6 The VA is comprised of three administrations: Veterans Health Administration (“VHA”), Veterans Benefits Administration (“VBA”), and National Cemetery Administration (“NCA”).7 This article analyzes the VHA because it is the largest administration of the three. Additionally, this article addresses the inadequacies of the VHA due to excessively long wait times and the neglect and abuse towards veterans. Examples will be used to show how the oversight mechanisms have failed. Lastly, this article addresses alternative solutions to ensure that veterans receive quality care through the extension of authority, which addresses the funding of the existing Protection and Advocacy system that has been effective under similar circumstances
