SUPPORTING VETERANS WITH DISABILITIES: AN EXAMINATION OF INCLUSIVE HIGHER EDUCATION POLICIES

Abstract

The definition of a disabled veteran holds critical implications for the provision of rights, benefits, and support for those who have served in the armed forces. The Americans with Disabilities Act (ADA) establishes a framework for understanding disability, emphasizing the significant hindrance of mental or physical impairments on various aspects of an individual's life. Many military veterans carry service-connected disabilities resulting from combat, training, or the demands of military service. While some of these service-connected disabilities align with the ADA's definition of disability, others do not, primarily depending on the extent to which these conditions impact daily life. A disabled veteran, as defined in this context, is a service member who has been honorably discharged with a service-connected disability or whose disability was aggravated during their active military service. Disabled veterans receive disability compensation, a form of monetary support provided by the Department of Veterans Affairs (VA), along with access to healthcare tailored to their service-connected disability. Furthermore, veterans who are rated at 50% compensation or higher are entitled to comprehensive health care benefits. Notably, disability compensation benefits are exempt from federal and state income taxation. This paper explores the nuanced definition of a disabled veteran, shedding light on the intricate interplay between military service, disability, and the legal framework provided by the ADA. It examines the factors that determine whether a service-connected disability qualifies as a disability under the ADA and underscores the pivotal role of the disability rating in veterans' entitlements, both in terms of financial support and healthcare benefits.