va letter threatening to take their guns
TRANSCRIPT
8/12/2019 VA Letter threatening to take their guns
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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.
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Page 2
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.
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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