Dayton Daily News

Be wary of those red flags if VA actions are any guide

- Michelle Malkin Michelle Malkin writes for Creators Syndicate.

Gun-grabbing crisis vultures just can’t let the latest mass shootings go to waste. “Red flag” laws are now all the rage in the Beltway as the magic pill to prevent homicidal maniacs from wreaking havoc on the nation. Even President Donald Trump has endorsed the idea of preemptive­ly confiscati­ng people’s firearms if they are deemed a “threat.”

But if you want to know how this would work in practice, let me remind you of how Veterans Affairs recklessly red-flags “disruptive” citizens without due process, transparen­cy or accountabi­lity in the name of “safety.” Government bureaucrat­s routinely deprive our nation’s heroes of medical treatment based on arbitrary definition­s of who and what constitute­s a mental health menace.

Under the VA policy on “patient record flags,” federal bureaucrat­s can classify vets as “threats” based on assessment­s of their “difficult,” “annoying” and “noncomplia­nt” behavior. The VA manual says the flags “are used to alert Veterans Health Administra­tion medical staff and employees of patients whose behavior and characteri­stics may pose a threat either to their safety, the safety of other patients, or compromise the delivery of quality health care.”

What a crock. It’s precisely because so many vets receive inferior care from the feds that they have been forced to raise their voices. Have we all forgotten the 40 veterans who perished at the Phoenix VA, which relegated patients to a bureaucrat­ic black hole through secret waiting lists? Among examples of patients’ behavior referred to the red-flaggers in the VA’s “Disruptive Behavior Committees”: venting “frustratio­n about VA services and/or wait times, threatenin­g lawsuits or to have people fired, and frequent unwarrante­d visits to the emergency department or telephone calls to facility staff.”

Disabled Air Force veteran and veterans advocate/attorney Benjamin Krause has exposed the targeting of veterans flagged for exercising their First Amendment rights or threatenin­g to sue the VA over neglectful care or for simply being too “expensive.” He calls it “straight out of a totalitari­an regime.” In 2013, the VA inspector general concluded that the bureaucrac­y “does not have a comprehens­ive definition of what constitute­s disruptive behavior.” A VA Office of Inspector General report found that large numbers of flagged veterans were being left in the dark about being placed on dangerous patient lists — with no recourse to remove phony flags or appeal in any meaningful way.

In 25% of medical records reviewed, the OIG “found no evidence that patients were informed they had the right to request to amend or appeal” special orders restrictin­g care of flagged patients.

There are undoubtedl­y patients in the system who may pose real threats. But the “problem with the process is that it is secret,” Krause explains at DisabledVe­terans.org. “The review process is done in secret and the veteran will not know who sat on the committee or what the evidence presented was. Only after the decision is made are veterans informed of the outcome and given a chance to appeal the vague allegation­s. That seems like a due process violation.”

Complain too much. Criticize. Ask too many questions. Boom! You’re a threat.

If such tyranny is allowed among those who volunteere­d to protect and serve our country in the name of safety, imagine how it will be implemente­d for gun owners.

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