JAN 16 1998

The Honorable Patsy T. Mink

U.S. House of Representatives
Washington, D.C. 20515-1102

Dear Congresswoman Mink:

I am replying to your inquiry on behalf of your constituent,

Mr. XXX of Honolulu, Hawaii, who believes there is a
discrepancy in the nature of his military pension. Please excuse
our delay in responding.

Staff of the Disability Rights Section, Civil Rights

Division, have reviewed the issues raised by Mr. XXX and
determined they are not matters that the Civil Rights Division is
able to address. Mr. XXX implies that because there is a
distinction between veterans' disability compensation, which he
receives, and regular pension benefits for military service,
which he apparently does not receive, this pension status
possibility violates the Americans with Disabilities Act of 1990
(ADA). Our understanding of military pensions is that a veteran
or service retiree is eligible for either one or the other type
of pension for military service, but not both.

The ADA does not apply to the executive branch of the

Federal government. A similar statute, section 504 of the
Rehabilitation Act of 1973, as amended, prohibits discrimination
on the basis of disability in programs that receive Federal
financial assistance or that are conducted by the Federal
government itself. Primary jurisdiction to investigate
allegations about possible section 504 violations resides with
the Federal agency that conducts or funds the program. If
Mr. XXX believes that he was denied services or access to a VA
program or activity based on his disability, he may file a
section 504 claim with the following office: Mr. Gerald K.
Hinch, Deputy Assistant Secretary, Office of Equal Opportunity,
Department of Veterans Affairs, 1425 K Street N.W., Washington,
D.C. 20420, telephone (202) 233-2012.

Cc: Records, Chrono, Wodatch, McDowney, Talian, FOIA

h:\talian\myfiles\congress\mink XXX va\sc. YOUNG-PARRAN

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 Claims about the denial of disability compensation and/or
receipt of improper medical treatment concerning the VA are
primarily under the jurisdiction of the program office at the VA
that oversees administration of such services. Therefore, if
Mr. XXX disputes determinations by the VA about his eligibility
for benefits, he should file his allegations with the following
office: Mr. Newell Clinton, Director, Veterans Assistance
Service (27), Department of Veterans Affairs, 810 Vermont Avenue,
N.W., Washington, D.C. 20420, telephone (202) 275-5451.

We note that disagreements by a claimant with determinations

by the VA concerning a benefits claim, or for changing the status
of one's discharge for military service, must ultimately be
resolved through the VA's administrative appeal process involving
the Board of Veterans' Appeals. The VA regional staff that
processed any claim by Mr. XXX can provide information about
procedures to appeal the VA's determination in his case, or he
may write to the Department of Veterans Affairs, (01C1), Board of
Veterans' Appeals, Washington, D.C. 20420.

Mr. XXX may find it useful to enlist the assistance of a

veterans' service organization such as the Veterans of Foreign
Wars or the American Legion to assist in his VA claims and
appeals. He also may consult with a private attorney to
determine what other options are available to him. For his
review we have enclosed a copy of the VA's benefits directory.
It describes in detail the names and locations of veterans'
assistance services and proper appeal authorities at the VA.

I hope this information is useful in responding to your

constituent.

Sincerely,

Bill Lann Lee

Acting Assistant Attorney General
Civil Rights Division

Enclosure