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100% Disability With Proposed Incompetence

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Nekoiinu

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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,

If it comes to that - how about the girlfriend? Any chance she'll become your wife? That would give you and her more legal footing, I believe (this is ONLY speculation on my part). I'd trust my spouse if it came to that but I hope it never does.

My experience w/ the incompetency portion of the C&P exam was prettu much the same as Dobie's. She asked me if I knew what my bills were and I said yes, that I paid them online. End of dicussion and she put "yes" I was competent for VA purposes.

I know what you mean about hadit being a safe forum. Just knowing there are other vets on the board with mental disabilities is a comfort for me.

Hang in there and keep us posted on how this plays out for you,

TS Snave

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nek -

welcome aboard! i'm tbird the webmaster for this site and i am here to tell you that many of us have been where you are. a good point was made about the girlfriend becoming your wife and doing it if you trust her, perhaps when you go to see the pysch doctor the c and p examiner set up for you, you can ask him for a referral to a social services person or therapist someone you can talk it out with that is sort of removed from the whole process. i am blessed i have several nieces and nephews that help me with just about everything except the website. i often tell them i am a one trick pony - i can do the website, but day to day life not so good.

i am hoping someone who has gone through this will chime in with some advice or experience with the whole situation. again welcome aboard brother.

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VA "incompetence" in many cases is a good protection for a disabled vet- it does NOT mean that some long lost relative can come and get your stuff-

You have every right to appeal any VA declaration of incompetence- but in the long run- I would think VA could not mess around with your comp in the future if they say you are incompenet due to SC.

Pete is RIGHT- a good friend of mine waited for MONTHS for the VA to send someone to his home to see if his wife was competent.

She was a professional Mental Health Care worker-

it took months for him to see the retro-

due to his mental disability the VA did do the right thing- he would have spent the retro in a weekend and he knew it-and was grateful that his wife could handle this-

But they waited quite some time for the comp to arrive in her name in his behalf.

You have already waited for this decision so I feel you can wait this all out-

and if you want to appeal this -as others said- get a good vet rep to help you.

And if yuou havent applied for SSA do that too- if you fit into the SSA disability criteria you can get both the VA comp and SSA disability at same time.

SSA migh also declare you incompetent-they did in my husbands case-

VA said he was competent but SSA said he wasnt.

SSA called him and told him they were proposing to make me the SSA check receiver but that he could appeal this with SSA if he wanted to- but he said no he liked it-

It took just that single phone call to square that away-

and to accept me as his SSA check recepient.

It will take much longer with the VA.

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Guest jangrin

Being awarded Housebound MAY have triggered an automatic look by the raters to evaluate whether or not you are capable of handling your affairs.Sometimes there is evidense in the medical records that will cause VA to have this fiduciary evaluation of your claim. The VA will schedule an appointment to meet with you and to aid them in making a determination. You need to be cooperative in interviewing/meeting or this could drag out for a bit.

If your doctor thinks your ok to handle your money, get a letter from your Primary Care Physician that says you are capable of making financial decisions for yourself. Tell the doctor you got your award and that you need his statement to send in.

If you are truly OK to handle your funds ( which it sounds like you are), write a letter and tell the VA just that. Tell the VA you do not require the aid of an fiduciary appointee. That way they know that you can read and comprehend what they are possibly proposing.

By sending the doctor's statement and your letter in right away you may be able to eliminate the wait as they do the "due process" letters and set in motion a much longer process.

Good Luck-Hope this helps a little

Jangrin

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I have ben found incompetent for VA purposes. I'll try to answer your questions.

The proposal by the VA to find a person incompetent for VA purposes works about the same way as a claim, proposal to decrease a rating or whatnot. You have 30 days to object to the proposal.

As far as what it means to find a veteran incompetent, it has only to do with the veterans ability to handle finiances. However, if found incompetent there are other factors involved. The name of the veteran will be sent to the FBI and that veteran will be barred from purchasing firearms. There will also be increased scrutiny at airports and such.

If you object to the proposal you will be given a C&P. The examiner will give an opinion on your competancy. A rater will make a decision based on this and past exams. If you are found competent that is the end and backpay will be released.

If you are found incompetent for VA purposes, you can request a fiduciary of your choice, or one will be appointed. If you request a fiduiciary of your choice then a field examination will be given at your home with your requested fidiciary. If the fiduciary is approved, your funds will be realeased to that person. If a fiduciary is appointed, the fiduciary will deduct a percentage of your award as payment for the job. I do not know exactly how the proccess works if a fiduciary is appointed for you.

This proccess is long and drawn out. If you plan on disagreeing with the proposal and can show hardship, you will want to request that your monthly beniffits be released to you. They should only hold backpay untill a fiduciary is established.

Chances are, a C&P examiner gave the opinion that your incompetent for VA porposes. I recomend getting a copy of your c-file and seeing for yourself where this proposal came from. It will give you an idea of what to expect for the C&P for competency.

Hope this answers some questions for you.

Time

Competency issue is highly subjective.

A C&P examiner opinioned that I am not competent due to memory problems.

The field examiner (case manager) opinioned I am competent. I am the President of a non-profit organization (volunteer) and have the checkbook for it.

A second C&P examiner was wishy washy about the subject but stated I may forget to pay bills.

Found not competent for VA purposes, wife was appointed fidiciary.

SSD did not propose incompetency for me but did for my wife(who is my fidiciary) for her SS benifits.

Edited by timetowinarace
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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.

Looks like what happened is they have found you totally, but not permanently, disabled. As the last poster has noted, you may disagree with the proposed incompetency, and you need to do that within 30 days. They will not necessarily order another examination, you can avoid that by getting a letter from your doctor stating that you are capable of managing your VA benefits. My concern is the "appointment which will be set at a later date." That means that you are scheduled for a future review examination, and your 100 percent is not permanent. You did not get awarded Chapter 35 did you?

Edited by entropent
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