ptsd Incompetency Means No Firearms, Too?

[Doc John]

Last week I got an award raising me from 30% to 70% for PTSD. Today a lady called and identified herself as a VA representative and said my claim is still "being processed". Then she said I cannot purchase or transport firearms since I am being determined incompetent, based on the C&P examination report. During the exam I had told the C&P doctor/examiner that my wife handles our finances. She's a financial planner, for pete's sake!

So the lady said, as was also stated in the award letter, that VA "proposed" to find me incompetent to handle my finances and I would need to designate a fiduciary.

I had already talked to my psychiatrist at VAMC and he is writing a letter to the effect that I am not incompetent. I already knew that :) .

What bugs me most is that the award letter, and the incompetency letter which was delivered at the same time, said nothing about my right to bear arms and now I get a phone call about it. AND my caller ID reads "unknown number".

What the heck is this woman doing, calling me on the phone? Shouldn't I be notified of this in writing? What effect does this have on a concealed carry permit?

Can I get a witness? Carlie, what is going on at Bay Pines?

Edited January 9, 2010 by Doc John

[JamesBreckenridge]

There is supposed to be a VERY STRONG PRESUMPTION of competency.

Yes, if you are rated impcompetent, you can't have firearms, per the Brady Bill I think. Surely we all agree that people who are incompetent are better off without firearms. (If they're sharp enough to properly handle a weapon, I don't see how they can be incompetent, do you?)

That said, incompetence is not being physically disabled, it's not being in need of aid and attendance due to neurological problems, and it isn't "I let my wife handle the finances." Show me a guy who DOESN'T pretty much let his wife handle the day to day business of paying bills!

A doctor has to say that you are not competent and sign his name to that statement. It sounds to me like a rater is overstepping their bounds slightly (but I don't have all the facts).

I am confident that your letters will get this straightened out.

[Doc John]

You got it right, Jim!

My American Legion rep said the same thing yesterday. His wife handles the money, too. How in the world does that add up to incompetence?

I agree wholeheartedly with the Brady bill, but right now I am wondering if VA is trying to cover itself after the December, 2009 ruling of the U.S. Supreme Court affirming a connection between PTSD, insanity and murder.

The case involved a veteran in Molalla, Oregon, who killed a neighbor after the veteran's wife said the neighbor had raped her [Porter v. McCollum (No. 08-10537. Nov. 30, 2009)].

I do not disagree with the VA stating that a PTSD patient who is dangerous to themselves or others should not purchase or transport weapons. I do disagree with a VA representative giving me an anonymous phone call and telling me in effect "oh, by the way, since you don't handle the check book, you can't buy or carry a weapon". It is the after-the-fact telephone message that doesn't make good sense.

And what about veterans who already own firearms and keep them in their houses? They could surely still do some serious damage under their own roof. And do they have to surrender their weapons to the VA now?

Of course in the end, your'e right; I will get this all straightened out with a letter from my attending shrink and this, too, shall pass.

Thanks for letting me air my laundry :)

The good news for me is VA is finally compensating me at the proper rate :D .

Doc

[jerrbilly]

Being declared incompetent can have various meanings. In my opinion being declared incompetent to handle finances is NOT the same. It doesn't mean in any way you're a danger to the public.

If a doctor says your incompetent or insane as far as being a danger to the public then "yes" the law would pertain to you. You're not insane though, you just can't budget and balance your check book as far as the VA is concerned.

Jerr

There is supposed to be a VERY STRONG PRESUMPTION of competency.

Yes, if you are rated impcompetent, you can't have firearms, per the Brady Bill I think. Surely we all agree that people who are incompetent are better off without firearms. (If they're sharp enough to properly handle a weapon, I don't see how they can be incompetent, do you?)

That said, incompetence is not being physically disabled, it's not being in need of aid and attendance due to neurological problems, and it isn't "I let my wife handle the finances." Show me a guy who DOESN'T pretty much let his wife handle the day to day business of paying bills!

A doctor has to say that you are not competent and sign his name to that statement. It sounds to me like a rater is overstepping their bounds slightly (but I don't have all the facts).

I am confident that your letters will get this straightened out.

Edited January 9, 2010 by jerrbilly

[carlie]

Doc,

I think this VA is telling you BS.

Link to CCW Permit - Florida

http://licgweb.doacs.state.fl.us/applicati...nstructions.pdf

QUESTION 12

If you have been adjudicated incompetent under Section 744.331,

Florida Statutes, or similar laws of any other state;

committed to a mental institution under Chapter 394, Florida Statutes,

or similar laws of any other state;

or adjudicated mentally

defective in any court,

you are not eligible for licensure unless you have received federal relief from disabilities

Link to Florida Statues

http://www.flsenate.gov/Statutes/

Hope this helps a vet.

carlie

[Vync]

During my initial MH screening, my VA doc asked if I had firearms. I said Yes. She recommended I keep them locked away and unloaded at all times. I asked what I am supposed to do when the criminal comes through my window? Should I ask him to postpone his criminal plans until I have a chance to unlock and load my firearm? She gave me a blank stare for a moment, because I was serious. I think the MH doc was incompetent.

[free_spirit_etc]

I agree with Carlie!

The VA's jurisdiction is the VA program's. They don't determine your "competency" for matters which do not concern the VA. Most generally your state laws determine who can and cannot own weapons.

And being found "mentally defective" in a court does not just mean having a psych diagnosis - it means being found a danger to yourself or others, or incapable of managing your affairs or your person.

I guess my question to the VA might be if they are going so far to say that your disability is such that you should be found legally incompetent - why is your rating only 70%?

Free

Doc,

I think this VA is telling you BS.

Link to CCW Permit - Florida

http://licgweb.doacs.state.fl.us/applicati...nstructions.pdf

QUESTION 12

If you have been adjudicated incompetent under Section 744.331,

Florida Statutes, or similar laws of any other state;

committed to a mental institution under Chapter 394, Florida Statutes,

or similar laws of any other state;

or adjudicated mentally

defective in any court,

you are not eligible for licensure unless you have received federal relief from disabilities

Link to Florida Statues

http://www.flsenate.gov/Statutes/

Hope this helps a vet.

carlie