CAN BEING ON Post traumatic stress disorder DISABILITY AFFECT GUN OWNERSHIP BY VETERANS❓
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Oh, yeah!
A rating for PTSD that raises the issue of incompetency will yield a letter with the following paragraph:
In truth the “incompetency” deals with handling finances but the Brady Act causes overreach by the VA.
A rating of 100% disabled for any mental health condition (other than eating disorders includes language indicating “danger to self or others”
The vet can fight the ruling by claiming “competency” and getting a mental health professional to back him/her up on the status.
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@MikeBKY @George98 >> good catch. I wonder if the V.A. doctors are obligated to report these cases ? From what I understand getting a military medical disability is complicated and takes a while to get to keep It short. There was something a while ago about social security, being disabled and, not
being able to have a firearm. Anyway there are a lot of people that really
could use help and support to deal with the Trauma our government put us through. So I guess it’s ok to kill if our government tells us to but it’s not
OK to protect our selfies in our own country that the same Government is quickly destroying what was fought for.
This no longer the home of the free & the brave as I see it.
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I spent 20 years as an Accredited Service Officer with AMVETS. That is the main function, assisting vets get their benefits. Spread the word on this:
second page has a list of recognized organizations.
You can verify the credentials of an individual:
https://www.va.gov/ogc/apps/accreditation/index.asp
My credentials were removed when I retired.
I would steer clear of anyone who makes promises about success.
As you may have seen in the Mental health rating there are specific symptoms needed to meet a %%, there must be evidence of the symptoms and evidence of the underlying trauma. It is complicated!
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Only if the VA determines that you are not competent to handle your own finances. You can have a 100% rating and still be able to buy/own firearms. If you need to chat with someone contact me. Have you already applied for VA disability? Don’t let people scare you away from applying for legit PTSD claims. I’m considered 100% rated PTSD. I’m not dangerous to anyone except people bent on harming me or my family. I’m probably more likely to use a knife before a gun. But that’s only in self-defense situations. I might not even protect myself if it weren’t for my wife and children.
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As a PTSD Combat veteran myself, I have both dealt with the state and local legalities as well as the Federal level of lawfully receiving my carry license. I now maintain my federal carry and level 3 carry while still a PTSD Combat veteran with service connected disability. The difference is I have no history of civil violence not violent criminal charges.
It is the responsibility of the firearm own civilian or otherwise with PTSD to show responsibility and the integrity of not using ANY condition as a crutch. Understanding that you are responsible for yourself is main factor in competency.
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My apologies for the typos in my reply post. I trust you all can manage to read and make sense of it. Auto fill doesn’t always work correctly. Lol
Thank you and thank you for your service as well.
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While this is true!
Beware unaccredited individuals who prepare, present, or prosecute VA benefit claims, or hold themselves out as being authorized to do so, are in violation of Federal law.
The VA Office of General Counsel maintains a list of VA-recognized organizations and VA-accredited individuals that are authorized to assist in the preparation, presentation, and prosecution of VA benefit claims at OGC - Accreditation Search.
For more information on VA accreditation, please visit Accreditation, Discipline, & Fees Program - Office of General Counsel.
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It is my understanding that this rule is specifically used in regards to handling a veteran’s finances and their ability to self care.
While nothing is certain when administrations change, it has been the rock solid policy of the VA not to report PTSD ratings to the states, for fear of discouraging veterans who need help from coming forward to ask for it.
Also, contrary to their portrayal in the movies and TV, combat veterans suffering from PTSD have much lower rates of crime, incarceration, violent behavior, joblessness, etc, than the general public. They might just be the most law abiding section of society at large.
PTSD is not generally a condition which reveals itself by violent behavior. It is much more likely to show itself as an aversion to certain things, unnecessary violence being among them.
Most Hollywood portrayals of veterans are gross caricatures made and performed by men and women whose closest encounter with combat is trying to change lanes in traffic. It is a major reason why veterans who might benefit from counseling refuse to seek it out. They don’t want to be stigmatized by this faulty public perception. So, they suffer in silence.
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Vs. my 20 years of experience. OK!
My experience with the VA dates back to the mid-1970’s. I am a disabled Vietnam veteran with a VA rating totaling over 500% (despite the fact that they will only pay for the first100%). So, let’s just say that I’ve experienced the best and the worst the VA has had to offer over nearly five decades.
Other than that, I guess I don’t know much.
Once you have reached a single rating of 100% or a combined rating of 100% it is very likely that you qualify for Special Monthly Compensation which could double your award. Work with a professional, please!
I utilized the DAV for my claims. I was also aware of the use of language on this particular subject. You’re correct. If your looking to file claims it’s best to use one of the veteran groups. Do Not go directly through the VA reps. They’ll even warn you they represent the VA and not the veteran. The other organizations represent the veteran on behalf of the veteran. Not the VA.
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Be careful if you’re claim/award is less than 20 years. So many things to consider. I think most of us would rather cut off our good limbs rather than go through the rating crap all over again. My total ratings add up to 210%. One is set at 100% by itself and hasn’t improved at all. Feels hopeless much of the time. But in order to avoid the stress of being called back for reevaluations I just applied for PTIU. Went through with out resistance. I’m not a combat vet. I just had several extremely traumatic experiences that I was ashamed to admit were hurting me. It took 25 years to finally completely break down and apply.
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Good advise. An award can be reduced until it is in effect for 20 years if “improvement” is shown.
Thank you for your service!
I read your replies of of order and am glad you got help.
The Veterans of Foreign Wars, the American Legion, Disabled American Veterans, Paralyzed Veterans of America, AMVETS and Vietnam Veterans of America are considered the “Big Six” when dealing with the VA.
They are constantly active trying to hold the VA’s feet to the fire to insure they comply with the spirit and intent of the law.
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If the government attempts to stipulate that a person with PTSD could not possess nor own a firearm nor operate a firearm would compromise the military completely.
Most troops within the last decade have done several or a minimal of 2 combat deployments.
It would bring into question how many service members can attend an official weapons range for familiarization training or qualification without having a PTSD flashback?
Another part of this is how it could be a draw back for deployment status among service members. Non Deployable would mean career ending decisions.
Where they get people is when asked “Do you currently need assistance with your finances?, Budgeting, paying bills, writing checks, maintaining accounts etc?”
What they’ve done is “sneak in” a methodology of accountability and comprehensive skills to bait or entrap persons responding to these said questions.
It is entrapment. The questionnaires can be argued as a method to determine competency.
If they attempt to remove my rights after being rated these will be my arguments.
They’ll have to deplete the military of any personnel after 2 or more deployments, and prove that I don’t handle my own financial affairs.
Then they can watch me reassemble my firearms blindfolded after they disassembled them and placed the parts randomly on a table.
Competency at its finest.
Hope they’re ready to lose a fight!
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I had a claim where the VA examiner asked “do you pay you bills”. The vet replied “my wife takes care of that”. Based on that answer incompetency was proposed. We had to rebut the proposal with statements from medical professionals indicating that he was capable!
The PTSD issue on deployability is another facet. Keep in mind that with a 30% disability rating for any condition, a non-deployable status could cause separation.