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    • Just to clarify there weren't any errors in my informal hearing.  The errors that i received were in the decision/SOC because the DRO made the egregious error by refuting my medical opinion (Nexus Letter) I submitted from my VA Podiatrist.  A DRO can not refute a medical opinion because he is not a medical expert.  The DRO unfairly adjudicated the issues per the VA requirements of CFR 3.102, reasonable doubt, has not adequately applied CVA precedent opinion Moore V. Derwinski, relative equipoise was not adequately addressed and the doctor's highly probative IMO was not reconciled by the CP exam refuting opinions.  Possibly the most egregious error by the DRO, is that the DRO denied based on the DRO's own "non-medical" opinion.  The DRO is not qualified to refute an IMO opinion of the doctor's stature. That was the basis for the new DRO over turning my decision.  She told me that she was not sure why the other DRO denied me because the Nexus Letter was one of the best she had seen.  
    • I hear that Alex Now I wish they would hurry their asses up  cause I'm Hungry for some fresh Home grown Veggies.....
    • I am not sure on that Navy4life...When they ask for a DRO Hearing they can request DRO by name. I can't find any CFR Regs on it that they can't? ..it only says  after a NOD Request for a DRO Hearing  the veteran will be notified if the requst was granted and given a date/time So what would it hurt  all they can say is no or DRO's are given a case as they come in at random. '' Luck of the draw some say'' Now of course you could be very well correct   this is just my Ideal. crazy one but hell it might workout... I know if I appeal and ask for DRO Hearing  If I got the one you mention that all those errors in your hearing  I would just stand up walk out before the hearing.
    • Great news,  Navy4life, good job and Best of Luck on your new rating! 
    • No, hopefully I will be awarded it on Tuesday. I already did my 90 days hard time for disagreeing. That was on top of the one-year plus delay in implementing the BVA award. Or I just call Bob again and ask what part of the IILP they don't get. It would be one thing if they arrive with their own IILP but they are too lazy to even write one up. They seem to think I'm going to fold holding four aces. I have almost six years into this May 2011 filing. Why surrender when you've won the war?





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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