va letter threatening to take their guns

8/12/2019 VA Letter threatening to take their guns

http://slidepdf.com/reader/full/va-letter-threatening-to-take-their-guns 1/3

O F V E T E R A N S A F F A I R S

Ragiona Off ice

1 S W

Main Street

F l o o r

2

Portland OR 97204 2825

I n

reph. refer to:

I M P O R T A N T reply needed

Dear \ v

WttB

W i

have received infonnation showing that

because

of \mir disabilities you may need help in

handling your Department of Veterans

Affairs

V A ) benefits.

This letter explains the evidence we received, what we must do

w i t h

this information, the impact

on

you and your VA pa\s

i f

we decide that you cannot handle \our benefits, and when VA

w i l l

make a

final

decision.

This

evidence indicates that you are not able to handle your VA benefit payments because of

a phy.sical or mental condition.

What Wil l We Do with

T h i s

Information?

W e propose to

rate

you incompetent for V .A

purposes.

This

means

we must decide i f you are

able to handle your

VA

benefit pavments. \ w i l l base our decision on all the e\e we

already ha\ including any other evidence you send to us.

Before

we make a

l l n a l

determination. \ou ha\ the right to submit an\.

information, or statement that presents \our side of the case w i t h i n the next 60 da\'s. Our

policy is to assist a person

w i t h

his or her claim in every reasonable way. We want you to

have

e\ery

benefit that you are entitled to under the law.

What H a p p e n s if Y o u Are

R a t e d I n c o m p e t e n t ?

V A decides that you are incompetent to handle your benefit payments. VA may appoint a

fiduciary (pa>ee) to manage your VA payments. A l l >'Our VA payments w i l l be made

directly to \our fiduciarx. This person or institution must use your V A pa\iTients for your

personal

care

and is responsible to VA for how the payments are used.

What

Information

Did We

R e c e i v e ?

We

recei\ed a report

from

Portland \". \ Center on December 3. 2012.



A deiennination of incompetency w i l l prohibit \u from purchasing, possessing, receiving,

or

transporting a fireann or ammunition.

I f you

knowingly \iolate an> of these prohibitions.

} ou

may be fined, imprisoned, or both pursuant to the Brad\n Violence Pre\ention

A c t .

Pu'b.L.No. 103-159. as implemented at 18. United States Code 924(aK2).

we decide that you are unable to handle your V .V funds. \ ou may apply to this regional

office for the

r e l i e f

of

prohibitions

imposed by the Brady .Act

w i t h

regards to the possession,

purchase, receipt, or transportation of a firearm. Submit your request to the address at the top

of this letter on the enclosed V .A Form 21-4138. Statement in Suppon

o

Claim VA w i l l

determine whether such r e l i e f is warranted.

What S h o u l d Y ou Do

Y ou Aaree: You do not need to do an_\thing i f you

agree

that you need help managing

your V. A

mone\ \\ e

w i l l

make our

final

decision,

t e l l

you vshat ue decided, and who

w i l l

be your fiduciar>. However, i f you want us to make a

final

decision without v\aiting the

fu l l

60 days, please

t e l l

us to do so on the attached

V .A

Fonn 21-4138. Statement in Support oi

Claim. You should specifically state,

l

do not ha\ an\ evidence to submit and

1

want you

to

inake a

final

decision without waiting the entire 60-da> due

process

period.

Y ou

Disagree: '̂ou must send us medical e\e (such as a doctor's statement) that says

\ ou

are able to handle >our own financial affairs in a responsible manner, i f you believe you

are able to handle your

V .A

benefits without anyone's help. You should send us this

evidence w i t h i n 60 da\

from

the date at the top of this letter.

Personal Hearinii: You may request a personal hearing w i t h i n 30 da\

from

the date at the

top oi'th is letter to present evidence or argument on an\t point in your claim. We

w i l l arrange a time and place for the hearing. You ma\ bring witnesses who ha\ personal

knowledge of the circumstances. We w i l l consider their testimonv and keep it as pan of our

permanent records. We w i l l furnish the hearing room. pro\ide hearing

officials,

and prepare

the tran.script of the proceedings. We cannot pay for other expenses of the hearing because

we hold a personal hearing onh upon a claimant's request.

Representation:

.An

accredited reprcsentati\ of

a \eterans

organization or other service

organization recognized by the Secretary of Veterans .Affairs w i l l represent you without

charge. .A n agent or attorne\y also represent \ou. .A n agent or attorney can charge you

for se i'ices perfonned on or after the date of a

final

decision by the Board of Veterans

Appeals (38 U.S.C. 5904(c)).

When Will We Make a D e c i s i o n

we don't hear

fi-om

\ou w i t h i n the next 60 days, we w i l l assume you have no additional

evidence and do not want a hearing. After those 60 da\ we

w i l l

make our decision using the

ex idence we alread\e and

t e l l

you our decision.



R e g i s t e r ow or

e en e f i t s

• : i :

e?;-;-:':*

user y u can access personalized VA information apply for

.;heck V.A claim

status.

For registration information;

• • and select option 7 or;

• . .. -; •-cnei its.\a.-.:ov or;

•

- . i i i t

Lr.e .A Regional Office at the address listed at the top of this letter

How Can You Contact Us?

y ou are looking for general infonnation about benefits and eligibility, you should

visit

our web

silealfanp: W W A V . v a .gov .

Otherwise. >ou can contact us in several ways. Please give us your

\ . \ number.

j M f l M M p w h en

you do contact us.

• Call us at 1-800-827-1000. I f you use a Telecommunications Device for the Deaf (TDD), the

number is 1-800-829-4833.

• Send us an inquiry using the Internet at https:' iris.va.gov.

• Write to us at the address at the top of this letter.

We look forward to resolving your claim in a fair and timely manner.

Sincerely vours.

K .

Kalama

Veterans Serv ice Center Manager

Enclosure: 21-4138

cc: OREGON

DEPARTMENT

OF VETERANS .AFFAIRS

va letter threatening to take their guns

Documents