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Thread: The VA is going after your guns if your on disability

  1. #1
    Senior Member PROBASCO's Avatar

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    The VA is going after your guns if your on disability


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    Team Gunsnet Platinum 06/2016 ltorlo64's Avatar

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    Well, as long as due process was followed and a court made the decision.

    The saddest thing about this is at one time this person took an oath to "support and defend the Constitution" which this action shows his government is not supporting or defending.
    "Nothing ever gets so bad that government "help" can't make it worse." Pat Garrett, March 22, 2014

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    Senior Member BISHOP's Avatar

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    So what exactly did this person do that shows the VA that he/she cannot handle its funds, and what business is it of theirs (VA) what that person does with the funds?

    And what does one have to do with the other??


    BISHOP

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    Team GunsNet Silver 12/2011 N/A's Avatar

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    Sometimes, with severe disabilities of various kinds, some vets are unable to remember to pay bills on time
    We all forget now and then. In such cases, if it is brought to the VA's attention, usually by the vet, the VA will hold a competency hearing. This is the only was a third party can legally be appointed to handle the VA disability payments for the vet. Usually the spouse or a family member is appointed, and most usually at the vet's request.

    The VA, is not going after the vet's guns per se. It is a by product of being declared "incompetent" to handle his/her affairs.

    This letter was posted on a Veterans Benefit board by a member who claimed he knew the person who received. The vet who got this letter knew it wad going on for at least a year. Another vet posted this response:


    Actually, there's no reason to get pissed of over this as the VA is not just arbitrarily making that decision,,...........there has to be some evidence indicative of issues to support the ruling.

    Here's my own personal exp as I got the same letter 6 years ago: in my IU C&P (a claim for IU is an implied claim to review all existing SC's) for ptsd, I had a very thorough shrink who took over 4 hours to do the exam (as opposed to the initial C&P shrink taking 40 minutes. Basically she picked my mind and when it got to being forgetful and not concentrating, I did mention that I often forgot to pay certain bills and would up paying them when the cancellation notice came.

    Well, I didn't elaborate and when I got the award letter, that was used to withhold competency. I then went to my va shrink and he reviewed it and the files and I explained to him that I was talking about non-recurring bills that were usually ''quarterly due'' paper bills like insurance, newspaper subscription, etc. At that time, direct payment was not avail with any of my creditors of that nature. My shrink put all that into the letter and I sent that in along with a letter from my bank stating that I had never overdrafted my account, was always on time for bills, and an outstanding customer.

    I had my SO walk it over to the rater and within 10 days it was resolved, it did not even affect my retro pay. Again, I believe the VA is doing the right thing on this one from a legal standpoint and if there's no solid basis, then it can be overturned.

    FTR, I read somewhere and a former VA employee, cruiser or someone else confirmed it, that the VA really doesn't want to withhold funding and have to deal with a 3d party as that creates a lot more paper work and follow up work for them. Give them a good reason to not do it and they won't do it. Has anyone else experienced this or with knowledge of this situation.
    No enemy of America would have ever been killed if they didn't show up to be killed. HDR

  5. #5
    Senior Member PROBASCO's Avatar

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    Quote Originally Posted by N/A View Post
    Sometimes, with severe disabilities of various kinds, some vets are unable to remember to pay bills on time
    We all forget now and then. In such cases, if it is brought to the VA's attention, usually by the vet, the VA will hold a competency hearing. This is the only was a third party can legally be appointed to handle the VA disability payments for the vet. Usually the spouse or a family member is appointed, and most usually at the vet's request.

    The VA, is not going after the vet's guns per se. It is a by product of being declared "incompetent" to handle his/her affairs.

    This letter was posted on a Veterans Benefit board by a member who claimed he knew the person who received. The vet who got this letter knew it wad going on for at least a year. Another vet posted this response:


    Actually, there's no reason to get pissed of over this as the VA is not just arbitrarily making that decision,,...........there has to be some evidence indicative of issues to support the ruling.

    Here's my own personal exp as I got the same letter 6 years ago: in my IU C&P (a claim for IU is an implied claim to review all existing SC's) for ptsd, I had a very thorough shrink who took over 4 hours to do the exam (as opposed to the initial C&P shrink taking 40 minutes. Basically she picked my mind and when it got to being forgetful and not concentrating, I did mention that I often forgot to pay certain bills and would up paying them when the cancellation notice came.

    Well, I didn't elaborate and when I got the award letter, that was used to withhold competency. I then went to my va shrink and he reviewed it and the files and I explained to him that I was talking about non-recurring bills that were usually ''quarterly due'' paper bills like insurance, newspaper subscription, etc. At that time, direct payment was not avail with any of my creditors of that nature. My shrink put all that into the letter and I sent that in along with a letter from my bank stating that I had never overdrafted my account, was always on time for bills, and an outstanding customer.

    I had my SO walk it over to the rater and within 10 days it was resolved, it did not even affect my retro pay. Again, I believe the VA is doing the right thing on this one from a legal standpoint and if there's no solid basis, then it can be overturned.

    FTR, I read somewhere and a former VA employee, cruiser or someone else confirmed it, that the VA really doesn't want to withhold funding and have to deal with a 3d party as that creates a lot more paper work and follow up work for them. Give them a good reason to not do it and they won't do it. Has anyone else experienced this or with knowledge of this situation.
    So when does the VA become a law enforcement agency? AND, is this a way to force PSTD people off disability, if they want to remain a firearm owner? And last but not least, How many disabled Vets have gone postal with firearms (as a % of all being treated)?

  6. #6
    Team GunsNet Silver 12/2011 N/A's Avatar

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    The VA is not a law enforcement organization, it is a medical organization. If the VA shrinks declare you incompetent to handle your own affairs, then other laws kick in. Having PTSD does not deprive anyone their right to own a firearm. As the letter states, the decision can be appealed to the VA on the incompetence. All claim decisions can be appealed in the first year. In this case, if the vet believed someone was trying to gain control of his VA payments against his wishes, he could appeal and provide proof that he is competent and have the decision overturned. That in turn removes the bar to owning firearms.

    As I said, the majority of these claims like this ate initiated by the vet and his family so that the spouse will be the legal power of attorney to handle the vet's affairs.

    The VA does not initiate these on it's own. Claims for this have to be filed. There are only rare and extreme circumstances where the VA could declare someone an imminent danger to them self or others and have them hospitalized. Mostly in extreme cases of PTSD, and only for a limited time, and it still does not trigger a ban on firearm ownership. The VA would have to have a good case to declare anyone incompetent, and only after treatment and examinations. It is not something done on a whim.
    No enemy of America would have ever been killed if they didn't show up to be killed. HDR

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    Administrator Krupski's Avatar

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    Quote Originally Posted by PROBASCO View Post
    So when does the VA become a law enforcement agency? AND, is this a way to force PSTD people off disability, if they want to remain a firearm owner? And last but not least, How many disabled Vets have gone postal with firearms (as a % of all being treated)?
    I want to know what the hell paying a bill late has to do with being competent to own firerams??? WTF?? I've forgotten to pay bills... who hasn't?

    This shit has got to be stopped. There are people who need to swing from a tall tree for their treasonous BS.
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    Administrator imanaknut's Avatar

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    How many congress critters have made a late payment or two? Wait, never mind, we know they are incompetent but for other reasons.

    Seriously, there are enough "sane" people in this country that can't pay a bill on time to save their lives, and the only difference between most of them and those at the VA is that they never served, which makes it ok for them, but not a former soldier.

    Agree with Krupski, this crap has to stop.

  9. #9
    Senior Member jet3534's Avatar

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    Crazy people and felons can't own guns. Next step, define everyone as either crazy or make them a felon.

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    Team GunsNet Silver 12/2011 N/A's Avatar

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    The reading and grasping comprehension is weak with these young Jedies.
    No enemy of America would have ever been killed if they didn't show up to be killed. HDR

  11. #11
    Registered User LAGC's Avatar

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    Quote Originally Posted by jet3534 View Post
    Crazy people and felons can't own guns. Next step, define everyone as either crazy or make them a felon.
    Bingo.

    "That tyranny has all the vices both of democracy and oligarchy is evident. As of oligarchy so of tyranny, the end is wealth; (for by wealth only can the tyrant maintain either his guard or his luxury). Both mistrust the people, and therefore deprive them of their arms." -- Aristotle, Book V, 350 B.C.E

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    Senior Member Charliebravo's Avatar

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    Quote Originally Posted by LAGC View Post
    Bingo.

    Yeah, your conviction and incarceration was just a vast right wing conspiracy. Off yourself, douchebag.

  13. #13
    Registered User LAGC's Avatar

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    Quote Originally Posted by Charliebravo View Post
    Yeah, your conviction and incarceration was just a vast right wing conspiracy.
    Maybe not in my case, but you have to admit: it's getting easier and easier to commit a felony these days.

    Get caught with a "high"-cap standard size magazine in certain parts of the country today, and kiss your 2A rights good-bye.

    And it's only getting worse with hundreds of new laws on the books each and every year.
    "That tyranny has all the vices both of democracy and oligarchy is evident. As of oligarchy so of tyranny, the end is wealth; (for by wealth only can the tyrant maintain either his guard or his luxury). Both mistrust the people, and therefore deprive them of their arms." -- Aristotle, Book V, 350 B.C.E

  14. #14
    Team GunsNet Platinum 02/2015 davepool's Avatar

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    Quote Originally Posted by N/A View Post
    The reading and grasping comprehension is weak with these young Jedies.
    Wrong conclusions have been jumped to they have

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