Suit Filed Against the VA

April 23, 2013 @

FOR IMMEDIATE RELEASE                                            April 22, 2013

CONTACT: Michael Connelly, Executive Director,

[email protected] or (214)731-6280

The United States Justice Foundation (USJF) has filed the first of several lawsuits against the Veterans Administration (VA) involving the VA’s violation of Constitutional rights of veterans guaranteed by the Second and Fifth Amendment.

The initial lawsuit is to compel the VA to respond to two requests sent to the agency under the provisions of the Freedom of Information Act (FOIA).

The information requested included Veterans Benefits Administration (VBA) rules, regulations, and criteria for making “determinations of incompetency due to a physical or mental condition of a benefit recipient” and copies of all rules, regulations and criteria used by the VBA to determine that a veteran found incompetent for any reason can be “prohibited from purchasing or possessing a firearm.”

The statutory deadline for the VA to respond has passed so this litigation has become necessary.

Michael Connelly, Executive Director, said, “The USJF has received numerous complaints from military veterans around the country who are being declared incompetent to handle their own financial affairs and then told that they can no longer purchase or own firearms or ammunition. This determination is being made without due process protections for the veterans and the basis for the incompetency ruling is often arbitrary and without a factual or legal basis.”

The suit has been filed in the U.S. District Court for the Southern District of California. The USJF is also filing additional lawsuits on behalf of individual veterans whose Constitutional rights have been forfeited due to the actions of the VA. Connelly said that “the USJF will not charge the veterans or their families any fees or expenses for its representation. As a veteran myself I know that America’s heroes, many of them recovering from wounds do not need the additional pressure of having to pay to defend their rights.”

The USJF is a nonprofit, public interest, legal action organization, dedicated to instruct, inform, litigate, and educate the public on significant legal issues confronting the United States.


20 Comments → “Suit Filed Against the VA”

  1. Jake Martinez

    7 years ago

    Letter To NM U.S. Senator Udall (Re: Questionable and/or mysterious circumstances surrounding Boston Marathon bombing)!
    “Food For Thought”
    God Bless The Victims of Boston Marathon Bombing-God Bless America.
    Semper Fi!

  2. v steve

    7 years ago

    Thanks USJF for all you do.

  3. Dale Dawson

    7 years ago

    I have posted your article on my conservative news website starting tomorrow morning (5:00 AM 5/3/13)

  4. USJFstaff

    7 years ago

    Thanks Dale.
    Michael Connelly

  5. Robert Flitcraft

    7 years ago

    You may also want to look into an issue I have been addressing concerning the Nationwide release of ALL Veterans Medication lists to states to “prevent doctor shopping” that occurred almost immediately after the Senate voted down the Gun Control Initiative in March. Attached is a copy of my Linkedin post on the issue with some further comments and information provided by others. This act of betrayal of HIPAA and the confidence of care we thought we had with the VA (Veterans Helping Veterans) has once again been trod on to further a political agenda without notification of the veterans. Most Veterans and even Veteran Service Organizations I have spoken with don’t even know this has taken place. Some act as if they don’t even believe it is possible… I guess they forget how is in charge currently… This almost rises to the level of class action suite against the US Government on behalf of all affected veterans who’s information has been released without consent or knowledge to states who like the feds “have our best interest at heart” and know what’s best…

  6. Gary Wells

    7 years ago

    The VA clearly understands their system is unfair but believe because title 38 and the last 07 NCIS improvement act gives them cover. The law give them the ability to adjudicate incompetency because they have the ability to restrict contracting or have a Veteran involintarially commited. What the law doesnt say is they have to use that ability. Which the next question is what is the steps they must take to restrict the Veterans right to contract or have them involentarially commited?

  7. Gary Wells

    7 years ago

    One other question has there ever been a news campaign to inform the American people. Esspecially since its a 5th and 14th Amendment issue greater than a 2nd Amendment issue

  8. John Saffle

    7 years ago

    I just wanted to thank you for the time speaking with Mr.Connelly. I was a big shock to me when I could not purchase a 22 rifle. I’ve never commeted a crime, but can no longer owen a fire arm thanks to the VA. I live in the small Missouri town of Doniphan, and hunting is a family event. Thanks again for going to bat for all the veterans out there. I will be sending you my information asap.

  9. Gary Wells

    7 years ago

    Thanks for what you are doing and i will continue to try and inform the American people of this outrage

  10. Dennis

    7 years ago

    Heard your guy on the radio with Bill Cunningham from Ohio.
    Now I have to check on the VA and my drugs over there…HIPAA seems to be out the window so Ill raise hell wtih the hospital director.

    Ill have to call Harry Reids office here…amd Heller….

  11. Richard

    7 years ago

    Where is the petition for this so we all can sign

  12. David Castelli

    6 years ago

    Here is the actual case filing, which I found online. I would like to to see the documents in the petition, etc. Thank you…

  13. James Beard

    6 years ago

    In November of 13 my cardiologist at the Nashville VA told me that she was a whole lot more concerned about what was going on in my head than in my heart. That she would be making an appointment for me with a psychiatrist in December, which she did. The reason for doing so was that the cardiologist said that I was severely depressed. To which I responded, “I am?” She said “Yes, and we need to get you some help.”
    My appointment with the psychiatrist included: 1. Had I been thinking of killing my self or others. I said no. I am seventy two years old and have never been arrested for anything and have no desire to harm anyone for any reason. 2. Do you own any guns? Yes, of course. I was a rifle and pistol instructor in the U.S. Marine Corps for 3 and a half years. To which she said “Oh my.” I further stated that I have owned guns all my life. She said, “Are you a hunter?” I said no, I just like target shooting.
    She put me on two strong medications that made me ill. I called her back and told her that I would not take them any more that they made me sick. She said: “It wasn’t the meds, it’s just you.” I will have to get you back in here within the next two weeks.
    That was two weeks ago I haven’t heard from her since and have no intention of going back to her. I think she is the one who needs to see a psychiatrist!

  14. Joe

    6 years ago

    The VA is a concentration camp.

  15. Hannelore

    6 years ago

    hello michael …
    heard your interview with joyce riley on

    i am german and 78 years old and i still remember hitler’s war and all that goes with it – my family had to flee from the russians on horse and buggie …
    america is asleep and needs to wake up NOW !!
    thanx for all you are doing for america …
    you have my support !!!

  16. Helen Tritt

    6 years ago


  17. william

    6 years ago

    my name is william taylor ,
    i am a 100% disabled veteran . i was given a letter of incompetence from the va like you stated i also have a letter from the VA stating that i am competent to handle my own affairs after a long fight with them to gain that standing back . in December of last year i filed for permission to purchase a firearm after i was told by the VA that my record had been cleared . this was around the same time as the government shut down that put so many of us out of food and out of homes . lucky i wasn’t one of those . but i digress after a long wait period i got a letter back from the doj stating that even though i was exonerated of the allegations of not being competent i still wasn’t allow to own a fire arm . even after all i went through they still didn’t reverse this claim with the doj and i was told if i wanted to have it changed to get a lawyer because no information could be given to me unless i was there in person . i have no money for a lawyer to do this so instead i hold tightly onto my NRA card hoping for a change .

  18. Darrel Skubinna

    6 years ago

    I have to admit I was initially skeptical of this situation. However, from what I have seen here it appears to be a legitimate issue. Is there any way to post a redacted copy of one of these letters? I believe it, but I am having a hard time believing that it has come to this. Why is this not being made public via the mainstream media sites, i.e. Fox News, CNN, etc?

  19. […] 11. Suit Filed Against the VA […]

  20. Martin

    5 years ago

    I need help to file litagation against the VA for ruling me incompetant and losing my 2A.

Recent News

© 2020 United States Justice Foundation.