Noteboom The Law Firm

Florida Lawmaker Looks To Change VA’s Service Dog Policy

August 26, 2010 - Dogs have been employed in many different capacities outside of the traditional roles of service dogs. More organizations than ever have been using Department of Veterans Affairs (VA) approved dogs as part of VA approved therapy for veterans suffering from post-traumatic stress disorder (PTSD) and traumatic brain injuries (TBIs). The VA, however, has policies preventing animals other than guide dogs for the blind entering VA hospitals or clinics.

The inconsistency between the VA advocating animals being used in therapeutic capacities but not being allowed on VA property without prior written permission and barring veterans from entering VA facilities rubs one Florida lawmaker the wrong way. Rep. Ron Klein (D-Fla.) is demanding the regulations be changed. Some VA medical centers are averse to providing permission even on a case-by-case basis.

Klein wrote a letter to VA Sec. Eric Shinseki calling the VA's animal restriction policy outdated. Klein used the Americans with Disabilities Act to support his position in pointing out civilian hospitals must allow specially trained service animals, even though it does not apply to the VA. Service dogs are not guide dogs - service dogs help with mobility, retrieve objects, and provide warnings relating to medical conditions.

Ideally there should be one uniform policy across all VA clinics, especially when not only is the VA approving of the dogs, but in some situations, paying for them. Policies that vary from facility to facility creates unnecessary burdens on veterans. One new overarching rule treating service dogs the same as guide dogs would eliminate the VA's current outdated regulations.