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    • 70% residuals of traumatic brain injury with cognitive disorder, short term memory losses/lapses, difficulty sleeping, problem solving (to include cerebral contusion with diffuse axonal injury to bilateral frontal and temporal lobes after PTSD evaluation residuals of traumatic brain injury with cognitive disorder, short term memory losses/lapses, difficulty sleeping, problem solving with PTSD (to include cerebral contusion with diffuse axonal injury to bilateral frontal and temporal lobes rated at 70% on ebenefits awaiting for this letter for the reasoning scheduling a private neurologist to do an evaluation sucks just had one before the PTSD who said nothing about PTSD to bad it was scheduled before my PTSD exam.
    • Of course, its BS.  Dont make the mistake of retalaiting on her.  The best thing you can do is forgive her for whatever wrongs she has done to you.  Take the high road, and leave the low road's of revenge and hate for others.  
    • I agree with L.  Order a copy of your cfile, if you dont already have a current one now.   After you get your decision, you can decide if you want to submit new and material evidence under 3.156, or just file a NOD.  (Sometimes VA has the evidence, but does not read it and just denies it.).   If/when you file a NOD, you should try to Refute their "reasons and bases" for denial, based upon evidence which you suggest conflicts with the decision, in your file, or, that you submitted as N and M evidence.  
    • Been busy, apologize for the tardiness. Currently waiting for my C-file. Until then I am still getting all of my service illnesses taken care of by private board certified doctors by my company insurance I work for.  Some is out of my own pocket for instance the chiropractor and one time specialty physician. So as soon as I get the C-file, I will schedule my appointment with Dr. Steingart, and post my full review of what I know will be the favorable outcome for the IME.
    • Floridanurse, Not sure if you will get anything out of what I have to say, but maybe something will catch your eye. You mentioned teeth grinding in your post. Is it documented in your service medical/dental records?  Here's why I ask, I endured jaw pain to such a degree that it interfered with eating and sleeping. I had to massage my jaw muscles so I could chew my food, during the worst of it.  I went to the medical center a few times, they referred me to the dental clinic where they noted excessive wear on my teeth, but could find no physical causes. They deduced that the grinding and clenching was most likely due to work related stress. Fast forward 17 years and I learned I could claim it, did so, got denied. Filed appeal, got IMO/IME, with nexus letter stating at least as likely as not, citing SMR entries that noted the 4 year history of jaw pain. Denied.  Both times they reasoned that since it wasn't diagnosed as so in my SMR, they would not grant it. However they did grant that it is there and is valid, but is being recognized as a symptom of MH illnesses. Fortunately for me I do not have any SCD for MH. Or not so fortunate for me, but I do have a current DX of MDD recurrent with SI...from the VA, which puts me firmly in the 70% rating. If I had it service connected, that is. For me, though, it may not matter, but for you it may get you a secondary to PTSD claim.





Nekoiinu

100% Disability With Proposed Incompetence

21 posts in this topic

I hope I post this right. The page has changed since the last time I came here.

Well, after 9 months I have been found 100% disabled due to psychological problems. I also got rated for a ton of other stuff but that does not matter because of the 100% They also gave me the housebound allowance so the whole thing comes out to like $2829.00 a month. They wrote in there that there is a proposed case of incompetence. They also said that an appointment will be set at a later date to determine the severity of my symptoms. I have read about as much as I can about being found incompetent and having someone else ( which in my case would probably be some appointed person because I do not have familiy ) administer my personal affairs. I guess I am just hoping that someone who really knows about this can give me some facts. The things I have read are kind of not clear as far as what really happens step by step in a case like this.

I would like to ask that there not be to much posting about how much the system trys to screw you or how messed up it is. I dont mean to be mean about it, but it does not help too much. When I think about this possibly happening, I dont feel so well on the inside. So, I would appreciate it if someone with information could take the time to share if they can. Thank you.

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Nek, bless you Veteran and I am glad that the VA is providing for you.

Do you need to understand how the incompetenece rating works and will affect you?

Did the VA or your VSO describe anything in a letter to you about what is supposed to happen next? Thats important to know what the VA is preparing to assist you with.

We'll keep you on the radar and research your question. God Bless, cg

I hope I post this right. The page has changed since the last time I came here.

Well, after 9 months I have been found 100% disabled due to psychological problems. I also got rated for a ton of other stuff but that does not matter because of the 100% They also gave me the housebound allowance so the whole thing comes out to like $2829.00 a month. They wrote in there that there is a proposed case of incompetence. They also said that an appointment will be set at a later date to determine the severity of my symptoms. I have read about as much as I can about being found incompetent and having someone else ( which in my case would probably be some appointed person because I do not have familiy ) administer my personal affairs. I guess I am just hoping that someone who really knows about this can give me some facts. The things I have read are kind of not clear as far as what really happens step by step in a case like this.

I would like to ask that there not be to much posting about how much the system trys to screw you or how messed up it is. I dont mean to be mean about it, but it does not help too much. When I think about this possibly happening, I dont feel so well on the inside. So, I would appreciate it if someone with information could take the time to share if they can. Thank you.

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I guess my question is...what happenes? I have not gotten a letter saying I am incompetent. But in the award box, it says $2828 withheld due to proprosed incompetency. I dont know if this means that they are going to see if I am incoptetent, or if they have decided. They have not said anything about what will happen next. It only says that an appointment will be set up in the future to see how bad my symptoms are.

Incompetence means that I do not know what is going on. I know what is going on. I am kind of messed up becuase of my affliction but that does not mean that I am going to give my money away, or not pay rent, or live under and overpass. I am just sick. I dont really leave the house, and I dont make a lot of friends. But that is not incompetent. I live with my girlfriend and she loves me. I pay bills, cook food, help clean (well she would not quite agree about the cleaning ) but the point is that it just bothers me. I kind of did not want to get into this part of the conversation on line, but it kind of feels good to get it out of my system. It is not quite the kind of thing you have in conversations with people. I guess I have a little bit of confidence that people here wont make me out to be some freakshow exhibit. I know there are tons of messed up people here, so it is more of a safe forum to talk about things.

Thanks for reading, and answering

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Nek:

When I had a C&P for PTSD the examiner asked did I know the

monthly cost of various things ...ie ins., newspaper, elect.

anyway you get the ideal.

The wife pays all the bills so I did not know what anything costs.

The examiner was busy writting everything down. I knew from reading

on Hadit where this was heading (incompetency), so I told her that I have a small checking account from which I paid my credit card.

Well she crossed out what she had wrote and wrote a couple more lines.

Bottom line I was rated 50% with a GAF of 42, and because of my other disabilities TDIU.

In the end I think that you need to show that you can manage your own affairs by paying your bill on time.

Just my experience.

Dobie

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I do know its the weekend, so just relax and lets see how it goes. Myself, I process slowly, but I'm glad have a VSO and my freinds here at Hadit. It all takes time, so I ask questions especially when I get paperwork with deadlines, take&print my notes, then sleep on it. The next day I ask more questions; then I take time off for family and me!

First, since you say the letter says 'proposed' incompetency, it sounds like there are some hoops the VA isnt finished jumping over. If I read the regs right, could mean there is a meeting or hearing in the future. CFR 38 and M21-1.pt.4

Next, Do you have an appointed 'representative' or have you been able to find someone to help you? I'm guessing meanwhile, it could be that the VA is being protective of your compensation until they are sure all is well.

best to ya, cg

I guess my question is...what happenes? I have not gotten a letter saying I am incompetent. But in the award box, it says $2828 withheld due to proprosed incompetency. I dont know if this means that they are going to see if I am incoptetent, or if they have decided. They have not said anything about what will happen next. It only says that an appointment will be set up in the future to see how bad my symptoms are.

Incompetence means that I do not know what is going on. I know what is going on. I am kind of messed up becuase of my affliction but that does not mean that I am going to give my money away, or not pay rent, or live under and overpass. I am just sick. I dont really leave the house, and I dont make a lot of friends. But that is not incompetent. I live with my girlfriend and she loves me. I pay bills, cook food, help clean (well she would not quite agree about the cleaning ) but the point is that it just bothers me. I kind of did not want to get into this part of the conversation on line, but it kind of feels good to get it out of my system. It is not quite the kind of thing you have in conversations with people. I guess I have a little bit of confidence that people here wont make me out to be some freakshow exhibit. I know there are tons of messed up people here, so it is more of a safe forum to talk about things.

Thanks for reading, and answering

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I might be wrong but I would fight like hell the VA or anyone labeling me incompetent. As mentioned, if you say I don't know, my wife pays the bills. That's about all VA needs to say he is

incompetent. Couple of write ups from Shrink or Vet Center doctor, etc. would be a good start in changing this decision. Also the person in charge of your funds, at some point, will have to account for how they spent your money.

Good Luck,

Don

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