February 21, 2013 @

How would you feel if you received a letter from the U.S. Government informing you that because of a physical or mental condition that the government says you have it is proposing to rule that you are incompetent to handle your own financial affairs? Suppose that letter also stated that the government is going to appoint a stranger to handle your affairs for you at your expense? That would certainly be scary enough but it gets worse.

What if that letter also stated: “A determination of incompetency will prohibit you from purchasing, possessing, receiving, or transporting a firearm or ammunition. If you knowingly violate any of these prohibitions, you may be fined, imprisoned, or both pursuant to the Brady Handgun Violence Prevention Act, Pub.L.No. 103-159, as implemented at 18, United States Code 924(a)(2).”?

That makes is sound like something right from a documentary on a tyrannical dictatorship somewhere in the world. Yet, as I write this I have a copy of such a letter right in front of me. It is being sent by the U.S. Department of Veterans Affairs to hundreds, perhaps thousands, of America’s heroes. In my capacity as Executive Director of the United States Justice Foundation (USJF) I have been contacted by some of these veterans and the stories I am getting are appalling.

The letter provides no specifics on the reasons for the proposed finding of incompetency; just that is based on a determination by someone in the VA. In every state in the United States no one can be declared incompetent to administer their own affairs without due process of law and that usually requires a judicial hearing with evidence being offered to prove to a judge that the person is indeed incompetent. This is a requirement of the Fifth Amendment to the U.S. Constitution that states that no person shall “…be deprived of life, liberty, or property without due process of law…”.

Obviously, the Department of Veterans Affairs can’t be bothered by such impediments as the Constitution, particularly since they are clearly pushing to fulfill one of Obama’s main goals, the disarming of the American people. Janet Napolitano has already warned law enforcement that some of the most dangerous among us are America’s heroes, our veterans, and now according to this letter from the VA they can be prohibited from buying or even possessing a firearm because of a physical or mental disability.

Think about it, the men and women who have laid their lives on the line to defend us and our Constitution are now having their own Constitutional rights denied. There are no clear criteria for the VA to declare a veteran incompetent. It can be the loss of a limb in combat, a head injury, a diagnosis of PTSD, or even a soldier just telling someone at the VA that he or she is depressed over the loss of a buddy in combat. In none of these situations has the person been found to be a danger to themselves or others. If that was the case than all of the Americans who have suffered from PTSD following the loss of a loved one or from being in a car accident would also have to be disqualified from owning firearms. It would also mean that everyone who has ever been depressed for any reason should be disarmed. In fact, many of the veterans being deprived of their rights have no idea why it is happening.

The answer seems to be it is simply because they are veterans. At the USJF we intend to find the truth by filing a Freedom of Information Act request to the Department of Veterans Affairs to force them to disclose the criteria they are using to place veterans on the background check list that keeps them from exercising their Second Amendment rights. Then we will take whatever legal steps are necessary to protect our American warriors.

The reality is that Obama will not get all of the gun control measures he wants through Congress, and they wouldn’t be enough for him anyway. He wants a totally disarmed America so there will be no resistance to his plans to rob us of our nation. That means we have to ask who will be next. If you are receiving a Social Security check will you get one of these letters? Will the government declare that you are incompetent because of your age and therefore banned from firearm ownership. It certainly fits in with the philosophy and plans of the Obama administration. It is also certain that our military veterans don’t deserve this and neither do any other Americans.

Michael Connelly


  1. jerry colon

    7 years ago

    where can i get a copy of this letter. of course black out what u have to.

  2. John

    7 years ago

    Thanks for the heads up. Now I definitely WILL NOT see mental health in regards to PTSD issues and depression. Even more of a reason for me and my soldiers to STAY AWAY from the Wizard.

  3. joyce clemons

    7 years ago

    The acceptance of a disability benefit from a government agency does not constitute a determination of incompetency; by law, all adults are generally deemed to be competent to handle their own affairs unless proven otherwise; and the person must be afforded representation and due process to defend their civil liberties. It is true, however that the Social Security Administration, for example,(maybe other fed agencies as well?) has greatly simplified the transfer of authority over a beneficiary’s cash benefits, to another party, based on a Doctor’s statement or the beneficiary’s simple request.

    Civil death (Latin: civiliter mortuus)[1] is a term that refers to the loss of all or almost all civil rights by a person due to a conviction for a felony or due to an act by the government of a country that results in the loss of civil rights. It is usually inflicted on persons convicted of crimes against the state or adults determined by a court to be legally incompetent because of mental disability.[2]

    Something strikes me as odd about this story that implies The Veterans’Administration or other US Government Agency is routinely pursuing the appointment of guardians over veterans with service-connected physical and mental health conditions; that these alleged proceedings will result in loss of civil rights.

    This implication is serious and shouldn’t be ‘danced around’ for some benefit it might have as a trigger to stir up fear or hostility. Throw down! Is this a few cases of veterans misunderstanding who is proposing the adjudication…or is it exactly the sinister thing the author is implying. The last thing in the world the Conservative cause needs is Tempest in Teapot embarrassments. Look at what John is saying.Please make sure you are reporting responsibly…people make choices based on the things you imply.

  4. BostonHollis

    7 years ago

    I received a very similar letter from my police chief. It was hand delivered by no less than 3 police officers. It instructed me to hand over to the officers my L.T.C. and all my legally owned firearms.Being a law abiding citizen, I did as instructed. I have not seen my weapons since. That was over 4 years ago. I might add that at that time I had had my permit to carry for over 40 years without ever once having had any type of question or problem happen.They will be coming to take yours!

  5. Lisa Ellsworth

    7 years ago

    What executive order does this fall under?

  6. Robert

    7 years ago

    Has anyone got one of these yet? If so please let me know..

  7. Chris

    7 years ago

    This article is flawed, I am sorry to say. As much as I would like to see this as a good article to fight against current political issues and for our rights as Americans. I am a Veteran, I know a lot of Veterans, along with a lot of employees of the VA. They do not take away your right to own a gun unless it is for good reason. This something they have been doing for years. They didn’t just start doing it. The problem with this is, when you do become self aware enough to be able to handle a weapon safely, they don’t get around to giving you back your right to own a weapon. This is the real issue with that part of the system.
    Concerning someone helping you with your bills, unless you are completely incompetent, not self aware in any way, the VA does not just appoint someone to your affairs. They offer it, very suggestively. But you have to agree to it, sign for it, document it. You have the opportunity to turn it down. There’s no set time to decide either. Take the paperwork home, look it over, choose somebody you know if you want. These are all choices that are given you in this situation. They will not just take over your life unless you had your brain turned to mush.
    I do appreciate this article making people aware of some of the issues of the VA, and hope that people at least understand that Veterans are not getting the promised future that is so talked about. It is not bad, but it definitely could be better.

  8. grimaldi

    7 years ago

    This article may not be correct but the ATF has sent out letters to all FFLs to the effect that all persons approved for the use of medical marijuana are prohibited from owning a firearm or ammunition.

  9. Dan

    7 years ago

    I’m disappointed in this article. At first read it seems an.open and shut abuse of power, but a closer look is definitely in order. Google CFR 3.353 which is the federal law on determining competence. It has no reference to physical limitations whatsoever. If such a determination was made on the basis of physical limitations alone, it should be easily defended against. We are the midst of a culture war in our country, spreading misinformation only damages our credibility.

  10. MSW

    7 years ago

    Can we please see a copy of the letter? I would like to see an actual copy. Thank you.

  11. BrotherPatriot

    7 years ago

    Yep…we need to see the proof and we must verify & cross verify. I’m not believing this until then & I suggest you all do the same as well.

    Still…we do know that the NWO/UN is a serious threat to every American’s Liberty & Freedom.

    God Bless.

  12. John Q

    7 years ago

    I have seen the vague letter posted elsewhere, and I’d be interested in the “who” does the final deciding and what the process really is. The bureaucracy and applications of a broad paintbrush is what worries me, especially with the politicization of agencies under this administration, and as a Vet myself would be hesitant to ask for any type of help with the threat of this baggage hanging overhead.
    As a side note, if the VA seriously thinks you are that incompetent, handling money etc., what makes them think a person could respond to this vague letter alone appropriately? Or suppose one hasn’t the funds to fight/appeal in hiring legal representation etc. the VA won’t pay for as stated? No response in “X” number of days means guilty I suppose, a Catch-22 set-up of sorts…?

  13. Tom Hall

    7 years ago

    This is just disgusting……………if true, and I believe it is, singeling out
    veterans who fought for this country indicates who the Feds are afraid of. This is another freedom infringed upon by Obama’s agents to fret out the very people that are highly qualified to be armed. What a shame this country is degrading at a very rapid rate. Nothing it seems any more is surprising. Invoke the “due process” as this is obviously intimidation at the max, threatening to take control of a veteran’s money by a 3rd party, without any probable cause heard by
    the courts. Of course Obama owns most of the courts now a days too. It also smacks of gross misuse of some far fetched law that has been ignored by the Feds for many years and probably mis used at this time, or misinterpreted as the Feds do quite often to suit their purposes.


    7 years ago

    yes i got one today they want to take every thing you have

  15. Jack

    7 years ago

    I was denied a gun permit last year. The FBI would not give a reason. The only reason I can think of is my PTSD rating from the Army.

  16. Legitimate Concern

    7 years ago

    I saw this article originally on World Net Daily at http://www.wnd.com/2013/02/obama-threatening-veterans-gun-rights/
    It said that the letter could be viewed at RedFlagNews.com and gave a link. I got there and no letter image either. Well there’s none here, and the article originates from here I believe.

    I went back to WND article at at the bottom of the page the images of the 3-page letter letter are still there. They probably stored them on their local servers.


    Thank you Michael Connelly for your article.

  17. Peter Guild, Quincy, MA.

    7 years ago

    The government would need to pry my gun out of my dead hands.

  18. Lee

    7 years ago

    Go to this link to see all VA info on incompetency and prohibition of owning firearms. Read down to the section on the Brady Law.

    Lee Burkins, US Army Retired, 5th Special Forces, Combat Veteran, Author of ‘Soldier’s Heart: An Inquiry of War’


  19. Lee

    7 years ago

    p. Unfavorable Factors to Consider When Determining Whether to Grant Relief When deciding whether to grant a request for relief from the Brady Act requirements, determine whether any of the following unfavorable factors were evident during the last five years:

    • suicidal or homicidal ideations
    • overtly aggressive or hostile
    – behavior, and/or
    – demeanor
    • any mental or personality disorder that, if not already evaluated by rating decision, is/was more than 10 percent disabling under the criteria in 38 CFR 4.130
    • recurring substance abuse (or any substance abuse within the last year), or
    • local, state, or Federal conviction for a
    – felony and/or
    – violent offense (attempted or otherwise), including (but not limited to)
     menacing
     stalking
     assault
     battery
     burglary
     robbery
     rape, or
     murder.

  20. Paul

    7 years ago

    I am astounded that writers here seem to believe that if it is written in USC or CFR, the VA follows it. They don’t. The tesitmonials of real veterans with actual cases that illustrate the point are readily accessible to those who want the facts. Veterans know that the VA is not their friend, that it is completely and unreasonably adversarial, and that not even Congress can get a straight answer out of them on issues (read the Veterans Preference in Contracts fiasco).

  21. Paul

    7 years ago

    PTSD is the most misleadingly named condition on the planet. It isn’t “post,” it happens during in combat; “trauma” is not the issue; the issue is prolonged exposure to adrenal pumping inducing permanent changes in the brian; it isn’t “stress,” it’s terror; and it isn’t a “disorder,” it’s a condition. Even the latest DVM has taken PTSD off the “anxiety” list. There is absolutely no relationship between so called “PTSD” and violence. The disarming of veterans is being conducted systematically because they are the most likely individuals to oppose government tyranny and the group best trained among the citizenry to do so effectively.

  22. Sgt. Rollins, USMC IRR

    7 years ago

  23. Barb

    7 years ago

    Didn’t Hitler make similar decisions about the Jews? He declared ANYONE whom he deemed a threat to his power to be “incompetent”, undesirables. Then he murdered millions of them. Looks like Conservatives, Veterans, anyone who loves and supports our Constitution will be labeled as “incompetent” by Obama and company. Then the gas ovens will be open again, but this time in the USA. Scriptures tell us that “events will be repeated in their time”. Looks like it may be that time again.

  24. Greggg

    7 years ago

    This is nothing new. For years the V.A. has had in place a system to protect the rights and the benefits of those veterans who are incapable of helping themselves. These are usually veterans with mental disease which prevents them from handling their life functions. Many times the veterans act or sound rational but their case history has shown that not to be the case.

    Back in `84 I first met a fiduciary who handled about 25 veterans cases. He would be responsible for ensuring their rents were paid that they had sufficient utilities, food, creature comforts, etc. Often times these vets were so gullible that a perfect stranger would talk them into emptying their bank accounts and they would have nothing to pay their bills with. If a vet wanted a Boom-Box he’d buy them one.

    These are vets who are rated 100% unemployable and have been determined mentally incompetent. At today’s compensation rates, they get about $2,816 a month. Many of these veterans have huge bank accounts in the vicinity of $50,000 to $100,000. after three years. The fiduciary used to be a V.A. employee but often now the V.A. contracts an attorney to take care of the veterans finances and affairs.

    Yeah there is the possibility for fraud but they do try to keep a handle on the accounts with frequent audits. Even so a few years ago a V.A. Regional Director of one of the Southern Regions embezzled about $5,000,000. by raking in the veterans monthly compensation payments. The only problem was the veterans she was taking advantage of were dead.

    These same veterans are, 99% of the time, incapable of handling their own affairs and probably shouldn’t be in possession of any type of firearms. They could hurt themselves as easily as they could hurt others.

    I’d suspect that these attorneys either don’t know the V.A. system or don’t care because they can get some of the veterans money. There may be a veteran or two who have been misdiagnosed that is why there is a hearing. For the most part these veterans have shown a history of being irresponsible with their lives, money, and daily affairs.

  25. tim

    7 years ago

    Extra Judicially

    The ” govt ” is doing this in a lot of different situations. The veterans are the latest to experience.

    This is also done in circuit court concerning orders of protection, at least in my county. Though a judge is present, often an actual hearing is not given only a ruling based on what the plaintiff stated in complaint and nothing more. If the order is granted it also takes away your gun rights. Just another way to take our Constitutional Rights. REMEMBER, that only works if you let them do it.

  26. tim

    7 years ago

    Pretty clear that ” greggg ” works for the V.A. and supports this illegal activity.

  27. Rod C. Venger 4405 Carter Creek Pkwy #1 Bryan TX 77802

    7 years ago

    Like a few of you, I came here looking for some proof that this isn’t either just a cruel hoax on the part of “somebody” or a hoax on the part of the government to try and scare some veterans into getting rid of their weapons. In other words, I came here, the source for the story circulating through the media, to see the actual letter. With “hundreds, perhaps thousands” sent out, USJF surely has actually seen and copied one of these letters, right? Yet there’s no letter to be found. I can see the logic in some organizations wanting to stir the pot over gun control but it is absolutely imperative that it be done in a credible manner. Want to fire up the veterans and civilians over their gun rights? Be my guest! But BS stories without any proof just makes a look bad when we mistakenly take on a false flag and run with it. USJF should either put the letter up for all to see and judge or retract the story.

    On that note, the article is correct in that our gun rights and mental health…as far as “law” goes…are not subject to the whims and judgement of any government agency but lie only with the courts. A person must be “adjudicated” as mentally unfit. The VA may have input into the process but they have no legal authority to enforce anything…not that the government has ever felt constrained to do what it wishes when it wishes. The FBI regularly infringes on the rights of prospective gun buyers through false results on NICS checks, as a for instance.

    All that being said, there’s not one single gun control law on the books that conforms to the Second Amendment. Not one. What it says is that our right to keep and bear arms “shall not be infringed”. It’s shameful that Congress and the courts…including the Supreme Court…have hoodwinked and browbeaten every US citizen into believing that these “laws” must be obeyed even though they are in obvious conflict with the Second Amendment. When government won’t obey it’s own rules, it loses the authority to make us do likewise. If the liberals and US Government want gun control there’s two ways to do that: Act like a dictatorship and simply force gun control on us (which is what it is doing now) or repeal the Second Amendment and add a different one that allows Congress to regulate the keeping and bearing of arms…which the Second Amendment does NOT do.

    For grins and giggles, should any gubbermint agency, be it have 2 letters or 3 or 5, have issue with my opinion, they are free to come to my home and discuss it with me. Along with my name…I added my address too. I’m a vet, and I will not be scared into complying with laws that so obviously violate our Second Amendment rights by lying, cheating, scheming politicians, bureaucrats and activists.

  28. Keep It Real

    7 years ago

    I disagree with your very last line…
    I think the people that voted Obama in,
    DO deserve this. But the rest of us do not.

  29. Thundercat

    7 years ago

    I’m a combat veteran, AND I work for the VA. I’ve never heard of this, and I believe it is a contrived story. I’ll have to see some proof before I’ll believe it. They won’t take my guns so easily.

  30. hkeeler

    7 years ago

    What we need is Patriot Act Accountability. The same thing happened to me in Newport News Virginia. Turns out the Dept. of Health admitted the women were not licensed health professionals in virginia. Police are taking 40 hours of crisis intervention training and then putting people in stabiliation wards away from their family, attorneys, and friends. There, you are electronically raped tortured and sodomized. I was flat-lined repeatedly. these stabilization wards are nothing more than GITMO’s in the US. Mental health agencies like CSB’s are complicit. There are a number now taking oaths not to be complicit with torture. The ER’s get well paid to comply. I have proven they did it all for no reason but to cover their crime, but keeping the “enhanced interrogation techniques” unknown to the average american is paramount. Ken Cuccinelli defends their actions. It is medicaid fraud, health insurance fraud and medical malpractice. Dr. Stephen Cunningham, PHD admitted to me it was the state police who set this all up. Local police request it – for no reason than they hate your car or hair – state police have to be involved to transport you out of the local police jurisdiction. Check out forbes.com. We need accountability – not criminal coverup. Let them pay! They tell everyone of their friends who ofter participate. Why do you thing Obama passed Executive order 13491 – police abuse. Senator Mark Warner has promised to investigate? Where is he? it is domestic terrorism at it largest, unchecked, most heinous and atrocious! We all need to be involved.

  31. BillboyBaggins

    7 years ago

    If one is not competent to manage his own affairs and own a gun, is he still competent enough to vote?

  32. VetWife

    7 years ago

    My husband has one of these letters. We were never granted a hearing and 150 days later we were told they found him “incompetent for VA purposes”. This has been reported to NICS.

    My husband has PTSD. We were not given a copy of the ‘evidence’ other than ‘veteran struggles with activities of daily living’ …yep I remind him to take his meds and basics like any wife. Like most families I pay the bills and make the budget but hes knows what bills we have as well as a rough idea of what they average.

    We are preparing to appeal the competency issue.

  33. jj

    7 years ago

    To the naysayers, I encourage you to open up to the problems highlighted.
    First, lack of due process as promised under the 5th amendment. The shift to administrative replacement of due process under the law is a big problem that is affecting everything, including the VA. It is a “regulatory law” usurping of the legislative branch and the system of justice. SEE it for what it is: a terrifying move toward tyranny, leading ultimately to dictatorship and subjugation of the citizenry.
    Second, the VA has no right to shroud their internal processes in SECRECY. If they are going to illegally assert a person to be unsound, they at least need to be required to produce their internal process and their reasoning for it.
    Thirs, the whole executive branch has been subverted to implementing a gun ban and outright control of everyone and everything. Their internal memo identifiey Veterans with combat skills as a threat. Threat to what and whom? Well, a burgeoning oligarchy with an insatiable appetite for power and control, that is who.
    WAKEUP PEOPLE! If you don’t draw the line in the sand and hold firm now, it is over. You may as well put the shackles on and be done with it.

  34. Lonnie Rush

    7 years ago

    This sounds like the government trying to stop taking care of Veterans who need help desperately. If a Vet knows that he will have the right to bear arms taken away he will not go to the V.A. He will go to a civilian doctor and possibly be misdiagnosed. The problem would get worse not better.

  35. Rick

    7 years ago

    So much for helping veterans overcome their psychological injuries…

  36. vietnam vet

    7 years ago

    why cant a class action lawsuit be filed against the veterans administration? make them prove that all these vets are incompitant. second take this to the republicans on the house veterans affairs committee. surely they would be interested in investigating these claims by the va. its surely at least worth a try. thirdly, all of us military vets should be calling for the impeachment of obama and janet napolitano. she is nothing but obamas puppet.

  37. jwhitehawke

    7 years ago

    One thing is true; Had the gun control bill passed, the immplimentation of the Obamacare (TAX) would have pulled EVERYONE in who had any of hundreds of diagnoses from anxiety, ADHD, depression, etc, and add those taking any of thousands of medications and generate a list to remove weapons or make them ineligable to buy a firearm. ADDITIONALLY, anyone who live in the household of those listed wouls ALSO not be allowed to own a firearm while living under the same roof as those on the ‘list’.
    This would involve MILLIONS losing their right to own a gun. I’ve seen this coming for a couple years and know it’s coming if we let them…….

    “The right to bear arms is not granted by the Constitution; neither is it in any manner dependent upon that instrument for its existence. The Second Amendments means no more than that it shall not be infringed by Congress, and has no other effect than to restrict the powers of the National Government.”
    The Second Amendment was not written to the people. It was written to warn the government that our 2nd Amendment right “…shall not be infringed”.
    US Supreme Court

  38. M.Mac

    7 years ago

    I have one of the letters and there holding my money. It says I’m incompetent to hanldle my finicial affairs. I have a credit score of 825 ouststanding credit per bank and statement from Doc. When I received the letter I put all my savings in my wifes name as I found others had this happen too. I sent a form letter to appeal it they still denied it. This should be against the law. I was a combat sniper does that mean I’m unstable. Obvious to the VA. I have a state rep investigating it now.

  39. jwhitehawke

    7 years ago

    Despite assurances that veterans benefits and services will be exempt from the budget cuts, veterans and their families will share the suffering along with military counterparts. The result could mean more homeless veterans, less help for those looking for work, and tens of thousands of furloughed veteran struggling to make ends meet.

    “There’s a very large concern about the secondary effects (of sequestration) on veterans programs nationwide,” said Joe Davis, spokesman for the Veterans of Foreign Wars. “We still don’t know all the ways veterans might be hurt.”

    VA programs and payouts are exempt from the mandated spending cuts. White House and department officials have promised that that disability benefits, veterans education funds and health care services will continue uninterrupted.

    But VA Secretary Eric Shinseki has warned on several occasions that everyone in America will feel the effects of sequestration, including veterans. Department officials have deflected questions about specific hardships facing veterans, but other agencies have detailed where the problems will emerge.

    About 350,000 veterans work for the Defense Department, comprising about 44 percent of the civilian workforce. Nearly all of them will face once-a-week furloughs starting in late April, as the Pentagon tries to make up a multibillion-dollar shortfall in funding between March and October.

    The weekly furloughs represent a 20 percent loss in pay for veterans, many of whom re-entered the federal workforce assuming their paychecks and job stability were guarantees.

    Tens of thousands of veterans working in other state and federal agencies could face pay cuts as well. The U.S. Customs and Border Protection agency has announced planned furloughs of up to 14 days to help fill their sequestration-mandated cuts. More than one in four employees of that agency are former military.

    And veterans without jobs will likely have a more difficult time finding one.

    Department of Labor leaders said the transition assistance program – which includes Labor and defense department funds – will have to reduce operations, leaving soon-to-be veterans underprepared for a return to civilian life.

    The Veterans Employment and Training program will lose about $4 million over the next six months, and state grants for veterans jobs programs will also be reduced.

    That’s a significant blow at a time when unemployment among Iraq and Afghanistan era veterans remains well above national rates. Nationally, more than 844,000 veterans were out of work last month, according to the Bureau of Labor Statistics.

    In addition, officials from the Department of Housing and Urban Development earlier this month said sequestration would slash housing vouchers and rental assistance programs for about 125,000 individuals, including veterans.

    That money – designed to keep unemployed and underemployed individuals off the street – won’t be available to provide a safety net for financially troubled veterans. HUD officials said the cut could jeopardize the White House goal of ending veterans homelessness in the next two years.

    Even many protected veterans initiatives will be hit with collateral damage.

    Louis Celli, legislative director for the American Legion, said medical records sharing and suicide prevention programs run jointly by the military and VA will be pinched because only the VA money will be protected. Pentagon programs will see funding cuts just like all other defense accounts.

    VA hospitals and physicians won’t be affected, but military doctors will. For tens of thousands of veterans still receiving health care through Tricare retiree offerings, that will mean the same longer waits for appointments and reduced care that is facing military members.

    Ultimately, that could end up forcing more veterans into the VA health care system, adding pressure to the taxed system.

    “As long as veterans are still tethered to the Defense Department, we are all going to feel the effects,” Celli said.

    None of those problems address the long-term effect of sequestration, which Davis said could lead to flat or lower VA budgets for years to come.

    Earlier this month, a coalition of veterans groups offered their hopes for the fiscal 2014 VA budget, lobbying for a 7 percent increase in department discretionary funding next year. That includes almost $1 billion in construction projects alone, which groups say is overdue and needed but also unlikely, given the national financial constraints.

    [email protected]

  40. Gary Wells

    7 years ago

    For those who doubt the VA has the authority the answer is under current laws and Regulation they do indeed have this authority. They get past the need for Judaical review because when the first propose to make the finding of incompetency,they tell you that you have the right to a hearing and also in the same they give you the ability to wave your right to a hearing if you wish to expedite your claim. In other words you can accept this decision and get your money sooner or wait for the VA to get around to scheduling a hearing and then wait some more for the determination. I fought from late 01 to may 05 to have my claim approved. They also tell you when they propose this finding ” don’t worry it only affects you from having unrestricted access to your VA funds.” In most veterans cases its a no brainer because your spouce will handle the VA money
    If you are wondering how they can get away with this, they use creative wording that makes the determination seem, to the outside world, that the illness is worse than it actually is.
    It is to most resonabl persons a clear way to take as many guns out of the hands of all that they can.

  41. Gary Wells

    7 years ago

    For those who doubt that the VA system is unfair answer this. A veteran can have a finding of incompetency Though the VA administrative procedure and then Have A Judge determine Competent at the same time. This has never been an Issue for the VA because they only assign a fiduciary and NOT a guardian. Look up to the unfavorable factors for restoring rights over 50% of all us citizens would have 10% rating and 75% would be eligible for 10% rating. Also look up in any state what the requirements for a finding of incompetency is.

  42. Gary Wells

    7 years ago

    again for all doubters
    H.R. 602 Introduced in House (IH)]
    113th CONGRESS
    1st Session
    H. R. 602
    To amend title 38, United States Code, to clarify the conditions under which certain persons may be treated as adjudicated mentally incompetent for certain purposes.
    February 8, 2013
    Mr. Miller of Florida introduced the following bill; which was referred to the Committee on Veterans’ Affairs

    A BILL
    To amend title 38, United States Code, to clarify the conditions under which certain persons may be treated as adjudicated mentally incompetent for certain purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
    This Act may be cited as the “Veterans 2nd Amendment Protection Act”.
    (a) In General.–Chapter 55 of title 38, United States Code, is amended by adding at the end the following new section:
    “Sec. 5511. Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes
    “In any case arising out of the administration by the Secretary of laws and benefits under this title, a person who is mentally incapacitated, deemed mentally incompetent, or experiencing an extended loss of consciousness shall not be considered adjudicated as a mental defective under subsection (d)(4) or (g)(4) of section 922 of title 18 without the order or finding of a judge, magistrate, or other judicial authority of competent jurisdiction that such person is a danger to himself or herself or others.”.
    (b) Clerical Amendment.–The table of sections at the beginning of chapter 55 of such title is amended by adding at the end the following new item:
    “5511. Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes.”.

    Copyright © 2013 State Net

    H.R. 602 Introduced in House (IH)]
    113th CONGRESS
    1st Session
    H. R. 602
    To amend title 38, United States Code, to clarify the conditions under which certain persons may be treated as adjudicated mentally incompetent for certain purposes.
    February 8, 2013
    Mr. Miller of Florida introduced the following bill; which was referred to the Committee on Veterans’ Affairs

    A BILL
    To amend title 38, United States Code, to clarify the conditions under which certain persons may be treated as adjudicated mentally incompetent for certain purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
    This Act may be cited as the “Veterans 2nd Amendment Protection Act”.
    (a) In General.–Chapter 55 of title 38, United States Code, is amended by adding at the end the following new section:
    “Sec. 5511. Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes
    “In any case arising out of the administration by the Secretary of laws and benefits under this title, a person who is mentally incapacitated, deemed mentally incompetent, or experiencing an extended loss of consciousness shall not be considered adjudicated as a mental defective under subsection (d)(4) or (g)(4) of section 922 of title 18 without the order or finding of a judge, magistrate, or other judicial authority of competent jurisdiction that such person is a danger to himself or herself or others.”.
    (b) Clerical Amendment.–The table of sections at the beginning of chapter 55 of such title is amended by adding at the end the following new item:
    “5511. Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes.”.

    Copyright © 2013 State Net

  43. Gary Wells

    7 years ago

    For those who do not know the USJF is filling a class action Lawsuit on this. Also when they qoute the Brady Bill they lie. No where except in the 07 NICS Improvemtn Act did they give VA cover to do this. Even then they can Adjudicte because they have the Authority to restrict contracting or have a Veteran involentarely commited( no where are they required to use that authority). This is all to real and the model for taking everyones guns.

  44. Gary Wells

    7 years ago

    The sad part of this is currently the VA has legal cover to do this. And if the Gun grabers have their way many more of you will follow. The VA in a testimony to congress on HR 602 Has implied other federal Agencies have the same power.

  45. Gary Wells

    7 years ago

    See this testimony
    Witness Testimony of David R. McLenachen, Director, Pension and Fiduciary Service, U.S. Department of Veterans Affairs
    Hearing on 04/16/2013: Legislative Hearing on H.R. 569, H.R. 570, H.R. 602, H.R. 671, H.R. 679, H.R. 733, H.R. 894 and H.R. 1405
    Mr. Chairman and Members of the Subcommittee, thank you for the opportunity to present the views of the Department of Veterans Affairs (VA) on several bills of interest to Veterans and VA. Joining me today are Mary Ann Flynn, Deputy Director, Policy and Procedures, Compensation Service, and Richard Hipolit, Assistant General Counsel.
    VA has not had time to develop cost estimates on H.R. 671, H.R. 733, and H.R. 894 and will provide costs on these bills for the record.
    H.R. 569
    H.R. 569, the “Veterans’ Compensation Cost-of-Living Adjustment Act of 2013,” would require the Secretary of Veterans Affairs to increase, effective December 1, 2013, the rates of disability compensation for service-disabled Veterans and the rates of dependency and indemnity compensation (DIC) for survivors of Veterans. This bill would increase these rates by the same percentage as the percentage by which Social Security benefits are increased effective December 1, 2013. Each dollar amount increased, if not a whole dollar amount, would be rounded to the next lower whole dollar amount. The bill would also require VA to publish the resulting increased rates in the Federal Register.
    VA strongly supports this bill because it would express, in a tangible way, this Nation’s gratitude for the sacrifices made by our service-disabled Veterans and their surviving spouses and children and would ensure that the value of their well-deserved benefits will keep pace with increases in consumer prices.
    The cost of the cost-of-living adjustment (COLA) is included in VA’s baseline budget because we assume a COLA will be enacted by Congress each year. Therefore, enactment of H.R. 569, which would extend the COLA adjustment through November 30, 2014, would not result in costs. The round-down in increased rates would result in savings of approximately $41.6 million in fiscal year (FY) 2014, $262.0 million over five years, and $573.8 million over ten years.
    H.R. 570
    H.R. 570, the “American Heroes COLA Act,” would amend 38 U.S.C. § 5312 to permanently authorize the Secretary of Veterans Affairs to implement cost-of-living increases to the rates of disability compensation for service-disabled Veterans and the rates of DIC for survivors of Veterans. This bill would direct the Secretary to increase the rates of those benefits whenever a cost-of-living increase is made to benefits under title II of the Social Security Act. The rates of compensation and DIC would be increased by the same percentage as Social Security benefits. This bill would also make permanent the round-down requirement for compensation cost-of-living adjustments. The amendments made by the bill would take effect on December 1, 2014.
    VA supports this bill because it would be consistent with Congress’ long-standing practice of enacting regular cost-of-living increases for compensation and DIC benefits in order to maintain the value of these important benefits, but would eliminate the need for additional legislation to implement such increases in the future. It would also be consistent with current 38 U.S.C. §§ 1104(a) and 1303(a), which provide that cost-of-living adjustments to compensation and DIC amounts, if they are made, will be at a uniform percentage not exceeding the percentage increase to Social Security benefits.
    The cost of the COLA is included in VA’s baseline budget because we assume Congress will enact a COLA each year. Therefore, making the annual COLA automatic would not result in costs. However, making permanent the provision to round down the COLA would result in savings of approximately $41.6 million in FY 2014, $712.5 million over five years, and $2.6 billion over ten years.
    H.R. 602
    H.R. 602, the “Veterans 2nd Amendment Protection Act,” would provide that a person who is mentally incapacitated, deemed mentally incompetent, or unconscious for an extended period will not be considered adjudicated as a “mental defective” for purposes of the Brady Handgun Violence Prevention Act in the absence of an order or finding by a judge, magistrate, or other judicial authority that such person is a danger to himself, herself, or others. The bill would, in effect, exclude VA determinations of incompetency from the coverage of the Brady Handgun Violence Prevention Act. VA does not support this bill.
    VA determinations of mental incompetency are based generally on whether a person, because of injury or disease, lacks the mental capacity to manage his or her own financial affairs. We believe adequate protections can be provided to these Veterans under current statutory authority. Under the [National Instant Criminal Background Check System] NICS Improvement Amendments Act of 2007, individuals whom VA has determined to be incompetent can have their firearms rights restored in two ways: First, a person who has been adjudicated by VA as unable to manage his or her own affairs can reopen the issue based on new evidence and have the determination reversed. When this occurs, VA is obligated to notify the Department of Justice to remove the individual’s name from the roster of those barred from possessing and purchasing firearms. Second, even if a person remains adjudicated incompetent by VA for purposes of handling his or her own finances, he or she is entitled to petition VA to have firearms rights restored on the basis that the individual poses no threat to public safety. VA has relief procedures in place, and we are fully committed to continuing to conduct these procedures in a timely and effective manner to fully protect the rights of our beneficiaries.
    Also, the reliance on an administrative incompetency determination as a basis for prohibiting an individual from possessing or obtaining firearms under Federal law is not unique to VA or Veterans. Under the applicable Federal regulations implementing the Brady Handgun Violence Prevention Act, any person determined by a lawful authority to lack the mental capacity to manage his or her own affairs is subject to the same prohibition. By exempting certain VA mental health determinations that would otherwise prohibit a person from possessing or obtaining firearms under Federal law, the bill would create a different standard for Veterans and their survivors than that applicable to the rest of the population and could raise public safety issues.
    The enactment of H.R. 602 would not impose any costs on VA.
    in the testimony it states that any lawful authority. This sets the precedent for other federal agencies to administrativly use this. Time to wake UP people

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    6 years ago

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  47. Timothy Helad

    6 years ago

    I am a prior service Airborne Infantryman that did 8 years. I have several physical and mental ailments but I’m neither homicidal nor suicidal. I’ve never been accused of domestic abuse, never been institutionalized against my will, never been convicted of a felony.

    Until last July I thought that those were the only reasons ones constitutional rights could be denied, and then only with judicial branch action, a jury of your peers, a speedy trial. Until last July.

    You see, last July was when I received my letter. I had been added to the fiduciary system. Someone somewhere had decided that they didn’t like how I spend my money. I couldn’t believe what I was reading. After years of government service, both in and out of uniform, not only were they telling me I wasn’t responsible enough to manage my own affairs, but that I was going to be added to the NICS and was being prohibited from being near firearms, ammo or even accessories.

    I was awestruck, how could this be? So I headed to Google. It didn’t take me long to see that this was something that was starting to happen to more and more returning veterans. I went so far as to purchase a new pistol to see if I was in the NICS, I got the pistol, only to have it seized by the Shelby OH Police Department, the next day the ATF took my ammunition, holsters, magazines, probably $1500 worth of my property, much of it useless while my Springfield remained in the hoosegow.

    During this process not only have my 2nd and 4th and 5th amendment rights been violated, but all of my basic civil rights outlined in the bill of rights other than the 3rd have been trampled.

    I can start right at the top and work my way down.

    – 1st – When I first received my letter I started a blog to outline my issues with the VA. Government employees forced the site down twice, and caused me a loss of funds while I was actively publishing the blog. I was also threatened with civil and criminal penalties if I didn’t take it down. I did as I was told for a while, but it’s back. This appears to me to be a violation of freedoms of both speech and press. Additionally the internal appeals process to get out of the fiduciary system takes up to 4 years and is totally opaque. So I would say this is a redress of grievances issue.

    – 2nd – This should be obvious to most.

    – 4th – When the Police and ATF seized my property they did so totally without a warrant, they entered my home, and even laid hands on me. They searched me and my home, again without warrant. I received no evidence or property receipt either.

    – 5th – I would say that I have been compelled to be a witness against myself. HIPPA and other privacy protections apparently don’t extend to my medical records at the VA which have been shared with the FBI and ATF. Also I would say that there is an obvious due process issues here as these actions were all taken totally without judicial action or oversight.

    – 6th – The actions of the VA amount to criminal punishment in my view. The things that have been done to me are those that are normally reserved only for felons. There is an appeals process at the VA to attempt to be removed from the Fiduciary program. It can up to 4 years and is usually not successful. 4 years is not speedy by anyone’s measure. Additionally the entire process is a closed internal process which violates the public/open principal. I haven’t been provided legal representation in this manner, and I have had no access to the evidence and witnesses against me.

    – 7th – My initial back pay was a whole lot more than $20, no trial much less a jury trial.

    – 8th – I would say this is the definition of unusual.

    – 9th – Amendment IX

    The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

    Figure it out

    – 10th – They are seizing powers not delegated to them specifically.

    If you think this isn’t happening than you aren’t paying attention.

  48. Michael Cox

    6 years ago

    “We propose to reach a determination, based on your physician’s report, that you are unable to manage your VA disbursements without assistance. This means that unless we receive information to the contrary from you we will establish a determination of mental incompetency for VA purposes. A mentally incompetent person is defined as one who, because of injury or disease, lacks the mental capacity to control or manage his or her own affairs, including disbursements of funds without limitation. Where there is a doubt as to weather the beneficiary is capable of administering his or her funds, such doubt will be resolved in favor of competency.”

    The above is what I received in the same letter that told me I had been rated 100%. My initial response was despair, then I got angry and submitted a written response. “I disagree with your proposed finding of incompetency. The only problems I have had handling money have been caused by my inability to maintain full time employment. Lack of income is what has caused my financial problems, not incompetency.” Along with my statement I submitted letters provided by the psychologist and psychiatrist who had been treating me for PTSD at the VA. Both letters supported my claim. The end result was that in the eyes of the VA I have been “Considered competent”.

    I initially filed this claim in 2008, it wasn’t until 2012 that this decision was made. The letters I mentioned above was written on January 13, 2012. Can you guess what the VA used as an effective date for this rating? If you guessed January 13, 2012 your right. This fight continues now with the help of a Congressman.

    Be very careful of what you submit to the VA and read everything they send very carefully. If you every use the words “I disagree” in a statement it will automatically move your claim into the appeals category adding years to the whole process.

    I’ve been fighting with the VA for many years. If nothing else keep a copy of EVERY thing you send them as well as EVERY thing they send you. The VA losses a lot of papers and if you can’t prove it was sent your out of luck.

    Best wishes & good luck.

  49. […] Connelly, executive director of the United States Foundation, says that US veterans are now receiving letters from the US Department of Veterans Affairs (VA) […]

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