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    • Mine says about the same, 2018-2019.  I submitted several months before yours.  Complete BS!  I tried in person, and they said my file is "too big" to just print out for me.  Meanwhile, I have several contentions which will hit the one year mark since the decision in just a couple months.  How can I/we argue what they decided without knowing what they used to make the decision? 
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    • I just received the VA EED Award letter today. The Detroit RO CUE Review team must be on the stick. E-Ben 05/17/16 EED CUE Review Claim closed 07/16, Decision Letter mailed 08/21. Retro Deposit Hit 08/24, Award Letter arrived 08/25. That has to be close to Speed of Light, as far as VA Decisions go. Semper Fi
    • Can't say I've filed any other FOIA Requests, other than for my C-File. The VA Addressed  your FOIA request, when they acknowledged receipt of it by US Mail. Addressing & completion of the Request seem to be (2) different things. I can't recall any Vet posting that they got their C-Files, on paper or now on CD, in less than a year. When I got mine in 01/2014, 9in of paper and was only complete up yo the FOIA Filing Date of 09/12. If there is something in your C-File that you are certain that really need to see and make a copy of, make an appointment for a Supervised Personal View and ability to make limited page copies, at your RO. Not easy to do but it can be done. Semper Fi





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Boracay

Declared Incompetent What Do I Do?

11 posts in this topic

Hello fellow vets,

I been declared incompetent by the VA even though on by exam by the Fee Basis Doctor before the C and P exam said I could handle money. I don't want to have a third party manage my funds and it isn't a option. What steps do I take to not let this happen?

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"even though on by exam by the Fee Basis Doctor before the C and P exam said I could handle money."

Did VA mention that when they proposed incompetency?

These proposed incompetency letters have a time limit and should be responded to right away.

Can you prove you have your own checking account with no or very few overdrafts? ( Bank statements would prove that)

Do you have receipts from utilities or taxes or mortgage or car that you paid on time?

If you rent would your rental person sign a statement that they have no problems with getting your rent?

If they are withholding retro until this issue is resolved, can you obtain an independent medical opinion that supports that you are competent?

Do you get SSDI? If so do you get the check for that?

If SSA didn't declare you incompetent and you do get SSDI check with no payee-that is good proof that the VA is wrong.

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Appeal the decision and use Berta's post to guide you. Also it is in your best interest to find someone to act for you and not allow the VA to appoint someone.

Having a checking account and making sure that bills are paid timely or on terms should get you off the hook. Your Service Officer should also have some information to help you.

Good Luck

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This case might help you too- to see hpw this veteran overcame the incompetency declaration by VA:

http://www4.va.gov/vetapp10/files2/1016976.txt

She was very persistent and it looked to me that one VA doctor's incomepetency opinion was mere speculation.

VA must have clear and convincing evidence to declare a vet incompetent.

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"even though on by exam by the Fee Basis Doctor before the C and P exam said I could handle money."

Did VA mention that when they proposed incompetency?

These proposed incompetency letters have a time limit and should be responded to right away.

Can you prove you have your own checking account with no or very few overdrafts? ( Bank statements would prove that)

Do you have receipts from utilities or taxes or mortgage or car that you paid on time?

If you rent would your rental person sign a statement that they have no problems with getting your rent?

If they are withholding retro until this issue is resolved, can you obtain an independent medical opinion that supports that you are competent?

Do you get SSDI? If so do you get the check for that?

If SSA didn't declare you incompetent and you do get SSDI check with no payee-that is good proof that the VA is wrong.

I can prove I have a banking account with over 25,000 dollars in it saved. I have receipts for utilities and rent. I can get the rental person to sign a statement I have no problems getting rent. I don't know if they are holding retro yet. I can obtain a medical opinion from a doctor and a lawyer. SSA declared me incompetent but they said after the edvidence that they are going to change it

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If I were you I would send them a 21-4138 form or a letter enclosing copies of this financial information ASAP. Are you still within any timeframe they gave you for a response?

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