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To: raptor22

We need to find out the criteria used by the VA to determine who receives these letters.

If it is truly a blanket letter, sent to all returning Vet’s, this outrage must stopped, NOW!


5 posted on 02/25/2013 6:33:32 PM PST by G Larry
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To: G Larry

I believe they are targeting those diagnosed with PTSD or any that claim PTSD.


8 posted on 02/25/2013 6:49:18 PM PST by doc1019 (The rabbit hole that Obama is leading us down just gets deeper and deeper.)
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To: G Larry

I read more about this today and it seems to be aimed at those that the VA has decided have mental issues; according to what I read there is no hearing required to determine competency, it is a VA determination. If that is the case it is really over the top- if they were civilians it would take a hearing and rulings with defense possible. I know the military and the VA have a big push on now for mental health concerns due to PTSD, suicide, and other issues.

Returning military are urged to seek mental health for many issues that may or may not mean they are incompetent or suicidal or a risk with firearms so I don’t agree with this without the same type of oversight it takes to declare a civilian incompetent.

I would sure like to know more about the process involved and if it is true they do not have a hearing with the chance to present their side if they don’t agree.


11 posted on 02/25/2013 6:51:20 PM PST by Tammy8 (~Secure the border and deport all illegals- do it now! ~ Support our Troops!~)
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To: G Larry
If it is truly a blanket letter, sent to all returning Vet’s, this outrage must stopped, NOW!

Our first Muslim President is very afraid that when Vets finally realize that he is a Muslim traitor that they will put a stop to his games, one way or another.

The rest of America is safely in the bag. They are the biggest fools in history and will do nothing.

15 posted on 02/25/2013 6:59:44 PM PST by politicianslie (Most Americans can't even recognize massive election fraud. Our first Muslim President laughs at you)
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To: G Larry
We need to find out the criteria used by the VA to determine who receives these letters.

And find those responsible, wait for it, mentally incompetent to execute the duties of their position.

17 posted on 02/25/2013 7:06:26 PM PST by VRW Conspirator (Sometimes it takes calamity to lead to serenity - FReeper RacerX1128)
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To: G Larry
We need to find out the criteria used by the VA to determine who receives these letters.

A procedure that has been in effect for at least 50 years and which was designed to protect the financial interest of severely impaired veterans is being mischaracterized. Someone is attempting to mislead very vulnerable and ill informed veterans and their families. This has been debunked numerous times but continues to resurface. For those who are interested in facts, I have copied the controlling regulation below.

38 CFR 3.353 - Determinations of incompetency and competency.

Determinations of incompetency and competency.

(a) Definition of mental incompetency. A mentally incompetent person is one who because of injury or disease lacks the mental capacity to contract or to manage his or her own affairs, including disbursement of funds without limitation.

(b) Authority. (1) Rating agencies have sole authority to make official determinations of competency and incompetency for purposes of: insurance (38 U.S.C. 1922 ), and, subject to § 13.56 of this chapter, disbursement of benefits. Such determinations are final and binding on field stations for these purposes.

(2) Where the beneficiary is rated incompetent, the Veterans Service Center Manager will develop information as to the beneficiary's social, economic and industrial adjustment; appoint (or recommend appointment of) a fiduciary as provided in § 13.55 of this chapter; select a method of disbursing payment as provided in § 13.56 of this chapter, or in the case of a married beneficiary, appoint the beneficiary's spouse to receive payments as provided in § 13.57 of this chapter; and authorize disbursement of the benefit.

(3) If in the course of fulfilling the responsibilities assigned in paragraph (b)(2) the Veterans Service Center Manager develops evidence indicating that the beneficiary may be capable of administering the funds payable without limitation, he or she will refer that evidence to the rating agency with a statement as to his or her findings. The rating agency will consider this evidence, together with all other evidence of record, to determine whether its prior determination of incompetency should remain in effect. Reexamination may be requested as provided in § 3.327(a) if necessary to properly evaluate the beneficiary's mental capacity to contract or manage his or her own affairs.

(c) Medical opinion. Unless the medical evidence is clear, convincing and leaves no doubt as to the person's incompetency, the rating agency will make no determination of incompetency without a definite expression regarding the question by the responsible medical authorities. Considerations of medical opinions will be in accordance with the principles in paragraph (a) of this section. Determinations relative to incompetency should be based upon all evidence of record and there should be a consistent relationship between the percentage of disability, facts relating to commitment or hospitalization and the holding of incompetency.

(d) Presumption in favor of competency. Where reasonable doubt arises regarding a beneficiary's mental capacity to contract or to manage his or her own affairs, including the disbursement of funds without limitation, such doubt will be resolved in favor of competency (see § 3.102 on reasonable doubt).

(e) Due process. Whenever it is proposed to make an incompetency determination, the beneficiary will be notified of the proposed action and of the right to a hearing as provided in § 3.103. Such notice is not necessary if the beneficiary has been declared incompetent by a court of competent jurisdiction or if a guardian has been appointed for the beneficiary based upon a court finding of incompetency. If a hearing is requested it must be held prior to a rating decision of incompetency. Failure or refusal of the beneficiary after proper notice to request or cooperate in such a hearing will not preclude a rating decision based on the evidence of record.

(Authority: 38 U.S.C. 501(a) )

23 posted on 02/25/2013 7:58:14 PM PST by etcb
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To: G Larry

http://news.investors.com/ibd-editorials/022513-645683-administration-strips-vets-of-gun-rights.htm
Here is more on the story and there is a link to “the letter” that Vets have been receiving.


24 posted on 02/25/2013 8:22:22 PM PST by azkathy (OBAMA IS WEARING OUT MY CAPS LOCK!!!)
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