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UPDATED...April 2017
This is a series of stories
bringing light to the dark side of the
VA’s treatment of some Veterans
applying for disability. Whether out
of frustration, desperation, anger, or
‘just to make it right” they contacted me, and together, we fought the injustice.
These are actual cases and claims.
I have changed names and identifying
information for confidentiality reasons.
This is the first in a series of stories bringing
light to the dark side of the VA’s treatment
of some Veterans applying for disability.
Claim Killer DBQ Questions.
VA Spotlight is a series of stories bringing
light to the dark side of the VA’s treatment
of some Veterans applying for disability.
Whether out of frustration, desperation,
anger, or ‘just to makeit right” they contacted
me, and together, we fought the injustice.
Click Here To Contact Dr. Valette
Everything You Need To Survive
Unemployability***Unemployable
What the Hell does all this mean?
The VA White House
Hotline Is Open For Business
(855) 948-2311
VAWatchdog
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Military Veterans News & Benefits Information
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Since 2005 This Is The Site VA Reads When They
Want To Learn What They've Been Doing
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Vets rapidly losing 2nd Amendment gun rights
Behind the scenes, US military veterans are afraid they are being
specifically targeted and are quickly losing their 2nd Amendment rights.
According to one group, in over 150,000 instances, they already have.
Has the VA Deprived You of Your Second Amendment Rights?
NRA Wants to Hear From You!
VA has been reporting to NICS the identities of its beneficiaries
who have been assigned a fiduciary to manage their benefits.
VA claims that such determinations constitute an “adjudication of mental
defectiveness” under federal law, thereby prohibiting the
beneficiary from acquiring or possessing firearms.
Robert A. Freidman & Associates
Veterans Disability Lawyers
The great majority of our clients suffer from Post-Traumatic Stress Disorder (PTSD).
We have represented veterans before VA Regional Offices, the Board of Veterans
Appeals and the Court of Appeals for Veterans Claims since 1990.
Call us at (800) 742-5035 or fill out our contact form
to reach our attorneys right away!
A federal prohibition would exist for any person who:
* Has been convicted in any court of a crime punishable by imprisonment
for a term exceeding one year.
* A fugitive from justice.
* An unlawful user of or addicted to any controlled substance.
* Has been adjudicated as a mental defective or committed to a mental institution.
* An alien illegally or unlawfully in the United States or who has been admitted to the
United States under a non-immigrant visa.
* Has been discharged from the Armed Forces under dishonorable conditions.
* Having been a citizen of the United States, has renounced U.S. citizenship.
* Subject to a court order that restrains the person from harassing, stalking,
or threatening an intimate partner or child of such intimate partner.
* Has been convicted in any court of a misdemeanor crime of domestic violence.
* Under indictment for a crime punishable by imprisonment for a term exceeding one year.
In addition to federally prohibitive criteria,
the NICS must delay or deny firearm transfers
based on applicable state law.
A delayed transaction will be purged from the NICS within 88 days from creation.
The NICS Section recommends that you wait 30 days from the date initiating the
check prior to filing an appeal on a delay to give the NICS Section’s staff time to
complete the initial transaction.
If your original background check is completed, the Federal Firearm Licensee
will be notified with a final status.Reasons NICS Background Checks are Denied or Delayed
A Denied message from the NICS indicates the subject of a NICS background check
has been matched with a similar name and similar descriptive information of
a record containing a state or federal prohibition.
A Delayed message from the NICS indicates the subject of a NICS background check
has been matched with a similar name and similar descriptive information
associated with a record containing a potential state or federal firearm prohibition.
The NICS Section must obtain additional information before making a final
determination of a Proceed or Denied for the firearm transfer. The NICS Section
is afforded three business days in which to conduct this research. If the NICS Section
is unable to provide either a Proceed or Denied response to the Federal Firearms
Licensee within three business days, the Brady Handgun Violence Prevention Act of
1993 does not prohibit the Federal Firearms Licensee, or FFL, from
transferring the firearm; however, the FFL is not required to do so.
Fiduciary Appointments & Gun Laws
Have you been notified that VA will appoint a fiduciary to manage your financial affairs?
Were you told you would not be allowed to purchase or own firearms?
Read the authority they use:
Mental Illness Prohibition (NICS Improvement Act)
Q: Federal law prohibits people who are dangerously mentally ill from
purchasing or possessing a gun. Does the NICS Act change who is covered by this prohibition?
A: No. The NICS Act does not change the prohibition enacted in 1968 that bars people
who are dangerously mentally ill from purchasing or possessing a gun. Under federal
law, people may not buy or possess a gun if they are “adjudicated as a mental
defective” or “committed to any mental institution.” ATF regulations define
“adjudicated as a mental defective” as a:
Determination by a court, board, commission, or other lawful authority that a person,
as a result of marked subnormal intelligence, or mental illness, incompetency,
condition, or disease:
(1) Is a danger to himself or others; or
(2) Lacks the mental capacity to contract or manage his own affairs.
These regulations have not been changed by the NICS Act. Note that merely seeking
or receiving treatment for mental illness is not sufficient to bring someone
within this prohibited class.
The NICS Act does provide that persons who are entered into NICS because of this
mental illness prohibition may seek “relief from disabilities” by petitioning that their
names be removed from NICS if they no longer suffer from the mental health
condition that originally barred them from buying or possessing guns.
Veterans and Weapons-Concealed Carry Permits-PTSD and Other Mental Health Conditions
National Instant Criminal Background Check System (NICS) Appeals
Veterans Affairs & Guns and Weapons
Concealed Carry Permits NICS
Firearms PTSD and Other Mental Health Conditions
Contact VAWatchdog
<jim912@gmail.com>
Fax us toll free
1-888-658-5058
Things You'll Need
Mail your forms, documents
and evidence here...
Department of Veterans Affairs
Claims Intake Center
PO Box 5235
Janesville, WI 53547-5235
Toll Free Fax: 844-822-5246
We recommend that you mail a copy
and then fax a copy! Yes, it's twice the
work but maybe VA will only lose one
and the other will be processed.
Remember: Use Certified Mail!
Forms to File Claims
VA Form 21-526EZ
For...
Disability Service Connection
Secondary Service Connection
IncreasedDisability Compensation
Temporary Total Disability Rating
Individual Unemployability
Compensation under 38 U.S.C. 1151
Special Monthly Compensation
Specially Adapted Housing
Special Home Adaptation
Automobile Allowance/Adaptive Equipment
Benefits Based on a Veteran's
Seriously Disabled Child
VA Form 21-0958 - NOD
Notice of Disagreement
VA Form 21-534 EZ
Application for DIC, Death Pension
Change of Address
TDIU Annual - VA Form 4140
Declaration of Status of Dependents
VA form 21-686c
How To
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How To Apply For
TDIU Unemployability
How To Use
Disability Benefits Questionnaires
(DBQ's)
How To Apply For A Disability Rating
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to an existing rating
How To Retrieve Your
Military Personnel Records
Research Your Claim
The M21-1MR
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SMC
The Schedule For Rating Disabilities
Guide to Federal Records
Records of the Veterans Administration [VA]
(DTRA)
Defense Threat Reduction Agency
VA Payment for Emergency Care
PROCEDURAL Guidance
requests to Add Dependents
Legislation will help Pacific veterans
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How To Leak To ProPublica
Tech Q&A
Finding veterans' records online
MRI twice as likely as biopsy to spot
prostate cancer, research shows
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Join the ACLU
VA starts domestic violence program
Department of Defense Extends
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Shopping Privileges to Veterans
Here's What Medicare Part A
Costs and Covers in 2017
Department of Veterans Affairs Fast Facts
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C-123 Aircraft andAgent Orange Exposure
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