This image of a VA letter revoking second amendment rights based on PTSD diagnosis appears to be legitimate. I do not recall ever seeing this type of revocation being challenged in the courts. As the decision is a bureaucratic one, not one that was made with due process through the courts, a challenge other than the appeal process might hold promise.
The point here is that the VA should not have the power to unilaterally make this decision without court oversight. The existence of an appeals process is not, in my opinion, sufficient due process. I do not know how the letter was delivered. Was it properly served as a legal document?
Lawyers, feel free to enlighten us. Is the sending of a notice of an appeal process considered sufficient as to constitute due process of law? Would a mere letter, sent by first class mail, meet legal requirements of service?
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Every VA letter I have ever gotten has been first class, regardless of legal content. Even the ATF sends legal documents first class (hence is why they are lost or delivered months later). I would be very pissed if I received one of these however. The irony of the letter is that if the individually was truly "incompetent" to the point where they would be unable to manage their own disability money and somehow by extension ever looking at a firearm, they would not be able to comprehend the scope and ramifications of the letter, which is obviously not the case! It needs to be a judicial decision, not some pencil pusher at the VA claims office. They have been witnessed to not even evaluate all of the submitted documents when basing regular disability claims.
ReplyDeleteAnd they wonder why vets don't want to seek mental help or treatment.... I guess it's a good way for the VA to combat that backlog of treatment by all those those pesky vets....
ReplyDeleteGuess my answer was too long, cimment failed.
ReplyDeleteThe test you, then test you again, ask the same question, but ask it differently expecting a different answer, they cheat the dummies!
Their oath "Do no harm"!
ReplyDeleteThen why do they want unneeded X-Rays, just to justify their jobs?
Doctors don't understand the meaning of "NO"!
Next time, I want a different doctor!
Plus there is no reason to want me back every three months if I am not sick and not on medication!!!
Help the sick, don't make the rest of us sick!
I hate hospitals and don't care fir doctor's offices!
It isn't that the VA "shouldn't" have the authority to make such a unilateral decision, they DON'T have that authority.
ReplyDeleteUnless the veteran on the receiving end of that letter has committed a felonious crime, his 2nd Amendment rights remain intact.
The proper response to the letter is to litigate the heII out of every individual involved in the decision to violate the vet's rights, including those who helped craft the letter.