This eBook will teach you how to get C-Files (paper and electronic) from the VA Regional Office.
How to Get your VA C-File



  • HadIt.com Veteran to Veteran providing FREE information and community to veterans since 1997.

    I am proud that I've been able to offer all that HadIt.com has for free for 19 years and continue to do so. HadIt.com does accept contributions to help with costs we also offer paid ad free subscriptions. None of the paid options are required. The forum, the website, news site and podcast are free and will remain so. If you choose to support the site with a contribution or a subscription it is appreciated but never required. If you choose to make a contribution or purchase an ad free subscription, you can do so here. 

Sign in to follow this  
Followers 0
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?

Share this post


Link to post
Share on other sites




"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.

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

"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

Share this post


Link to post
Share on other sites

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?

Share this post


Link to post
Share on other sites

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?

They sent the letter dated back 10 days ago. It look 7 days to get to me. whats the timeframe I will do that by the way.

Share this post


Link to post
Share on other sites

It might be a thirty day response period-I dont know- what does the letter say on that?

Share this post


Link to post
Share on other sites

It might be a thirty day response period-I dont know- what does the letter say on that?

lol nothing. It just said it is proposed...

Share this post


Link to post
Share on other sites

I strongly suggest that you get a hold of a vet rep from your local county or state veterans service agency-they often can make housecalls- and see if there is someone who can help you with this proposed incompetency as well as your A & A claim.

If VA awards you A & A, any retro will be held up until the incompetency issue is resolved.

Share this post


Link to post
Share on other sites

Berta,

He's in the Philippines.

He's also posted,

"SSA declared me incompetent but they said after the edvidence that they are going to change it"

I don't find any post saying SSA has now declared him competent to handle his own funds,

so until SSA makes a change this will probably still work against him.

I do know a vet that was declared by SSA competent to manage their finances

yet VBA declared him incompetent and stayed with an appointed fiduciary.

He tried to fight it a couple of years and finally gave up on it.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now
Sign in to follow this  
Followers 0