It is also a violation of VA Regs. http://www.justanswer.com/military-law/27e7x-us-veteran-100-service-connected-disability-and.html
Expert: P. Simmons replied 4 years ago. Thanks OK, did some research this morning. I could not find any authority that states you will loose eligibility. I did find that if you are incarcerated, you will loose eligibility for the period of incarceration only...so you would regain eligibility on release. This suggests that the drug test alone will not be enough. Now, if you are questioned by the VA about this, you may want to consider your words carefully and consider talking to a local attorney prior to admitting to any illegal drug use. It may be that any admissions you give to the VA could be used against you. There are rules that can protect your conversations with doctors...but these are a bit complex and its better to err on the side of caution, rather than to give a statement that could be used to prosecute you. And, PRIOR to taking any action that would take away your benefits, the VA is required to give you notice and the opportunity to be heard on the matter. So if that happens, I would seek legal counsel. Hope that helps Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work. Terms and Conditions: By your continuing in this conversation with me, or by your clicking âAcceptâ, you are expressly agreeing to all of the following: (1) our communication is for entertainment purposes only; (2) you are not consulting me in my professional capacity as an attorney; (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises (and you may not use our communication to avoid taxpayer penalties imposed by the U.S. Dept. of Treasury); (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for a ny services rendered by me on your behalf, but rather is made in genuine admiration and respect for my desire to help others. If you do not agree with these terms and conditions, then you must advise me immediately. Expert: P. Simmons replied 4 years ago. The VA can not incarcerate you. To be incarcerated you would need to be charged with a crime and taken to trial and convicted. However, if you admit to the VA your use of illegal drugs, they could report this to law enforcement. For example, in AZ its a criminal offense to use many illegal drugs. Here is the code in AZ for illegal use of marijuana. 13-3405. Possession, use, production, sale or transportation of marijuana; classification A. A person shall not knowingly: 1. Possess or use marijuana. 2. Possess marijuana for sale. 3. Produce marijuana. 4. Transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer marijuana. B. A person who violates: 1. Subsection A, paragraph 1 of this section involving an amount of marijuana not possessed for sale having a weight of less than two pounds is guilty of a class 6 felony. There are similar laws for other illegal drugs. So, its a good idea to not admit to use, or at least discuss with a local attorney prior to admitting to use. -----Original Message----- From: LRS Scout [mailto:lrssc...@gmail.com] Sent: Monday, June 02, 2014 7:47 PM To: cf-community Subject: Re: So this is why the GOP is backing off healthcare reform as a platform... Well, lookie here: http://www.deadiversion.usdoj.gov/21cfr/21usc/844a.htm SUBCHAPTER I ââ¬â CONTROL AND ENFORCEMENTPart D ââ¬â Offenses And Penalties ç844a. Civil penalty for possession of small amounts of certain controlled substances See where it says civil? Do you understand the difference between civil and criminal? If I am not even accused of a crime, how can a federal agent enter my home, detain me, lay hands on me, rifle through my things, and steal some of my belongs, some of which weren't even guns? Without a search warrant. Without an arrest warrant. Without a receipt for the items stolen? On Mon, Jun 2, 2014 at 8:38 PM, LRS Scout <lrssc...@gmail.com> wrote: > That still doesn't answer the question. > > You totally haven't addressed what I just posted in regards to the > recording, and them not even scheduling me. > > You haven't shown me anywhere in any document that gives them the > power to do this. > > HIPPA should specifically prevent some of this, as should the patients > "bill of rights" and the privacy act probably. There's all kinds of > applicable case law on how to find someone legally incompetent. It > happens in a court of law. In the open. In front of a jury if that > right isn't waived. The executive branch has now made it quasi legal > as part of their anti gun executive orders by increasing the reporting > requirements past the traditional limit of "a danger to themselves or others". > > > On Mon, Jun 2, 2014 at 8:31 PM, Eric Roberts < > ow...@threeravensconsulting.com> wrote: > >> >> I think it is fucked up...especially with many states completely >> legalizing it or at least legalizing medical MJ. I am hoping that >> once IL gets it shit together with the regs (we passed medical MJ >> earlier this year), I will have private insurance so I can get a >> medical MJ card. A few tokes of that is worth a day and a half of >> vicoden...and much safer. I am not saying I am agreeing with it, but >> that is the current reality. I would never ever admit to them that I >> ever smoked it...even as a teen. >> >> Eric >> >> -----Original Message----- >> From: LRS Scout [mailto:lrssc...@gmail.com] >> Sent: Monday, June 02, 2014 6:40 PM >> To: cf-community >> Subject: Re: So this is why the GOP is backing off healthcare reform >> as a platform... >> >> >> But what is the legal justification? >> >> On 6/2/14, Eric Roberts <ow...@threeravensconsulting.com> wrote: >> > >> > Your personal experience for one... I have seen that with other >> > vets who admit to pot use and other drug use. >> > >> > >> > -----Original Message----- >> > From: LRS Scout [mailto:lrssc...@gmail.com] >> > Sent: Monday, June 02, 2014 6:23 PM >> > To: cf-community >> > Subject: Re: So this is why the GOP is backing off healthcare >> > reform as a platform... >> > >> > >> > According to what? >> > >> > >> > On Mon, Jun 2, 2014 at 7:20 PM, Eric Roberts < >> > ow...@threeravensconsulting.com> wrote: >> > >> >> >> >> Telling them that you smoke is just as damning... >> >> >> >> -----Original Message----- >> >> From: LRS Scout [mailto:lrssc...@gmail.com] >> >> Sent: Monday, June 02, 2014 5:36 PM >> >> To: cf-community >> >> Subject: Re: So this is why the GOP is backing off healthcare >> >> reform as a platform... >> >> >> >> >> >> I din't say I came up hot, you did. I tell them I smoke all the time. >> >> >> >> >> >> On Mon, Jun 2, 2014 at 6:33 PM, Eric Roberts < >> >> ow...@threeravensconsulting.com> wrote: >> >> >> >> > >> >> > No Mo...if you actually bothered to read before vomiting at the >> >> > mouth, he stated that he could not have a job because he would >> >> > have a felony charge levied against him. He also complained >> >> > that because he came up hot on a piss test that he is being >> >> > penalized...he violated the law and is whining that he is >> >> > getting >> punished for it. >> >> > No agenda there...get your head out of your ass and read please. >> >> > It has nothing to do with his politics. Get a fucking clue Mo. >> >> > >> >> > -----Original Message----- >> >> > From: Maureen [mailto:mamamaur...@gmail.com] >> >> > Sent: Monday, June 02, 2014 5:09 PM >> >> > To: cf-community >> >> > Subject: Re: So this is why the GOP is backing off healthcare >> >> > reform as a platform... >> >> > >> >> > >> >> > No, he thinks you deserve to have your rights trampled because >> >> > he disagrees with your politics. He's just using the pot charge >> >> > as a smoke-screen to cover his real agenda. >> >> > >> >> > On Mon, Jun 2, 2014 at 5:56 PM, LRS Scout <lrssc...@gmail.com> >> wrote: >> >> > > >> >> > > So you're of the opinion that I deserve to have my rights >> >> > > trampled because I smoke pot. >> >> > >> >> > >> >> > >> >> > >> >> >> >> >> >> >> >> >> > >> > >> > >> > >> >> >> >> ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Order the Adobe Coldfusion Anthology now! http://www.amazon.com/Adobe-Coldfusion-Anthology/dp/1430272155/?tag=houseoffusion Archive: http://www.houseoffusion.com/groups/cf-community/message.cfm/messageid:370699 Subscription: http://www.houseoffusion.com/groups/cf-community/subscribe.cfm Unsubscribe: http://www.houseoffusion.com/groups/cf-community/unsubscribe.cfm
