Awarded 100 Percent With "a Finding Of Incompetency Proposed"

[rosypalm]

hello everyone,

a week ago I got a letter stating I won my claim of schizophrenia with a 100 percent. on the decisions number 3. it says " a finding of incompetency is proposed". What exactly does this mean

can I appeal this? Should I write a letter to the VA regarding this stating my case of competency? Will I get my monthly comp withheld ? also on the last page it states " TO make a determination of incompetency for VA purposes". Will i get money at all during this stage?

[rosypalm]

can anyone assist me?

[Josephine]

Hi,

Did you have a C&P examination and the doctor state your being incompentent?

Do you have a checking account and do you write your own checks?

What about charge cards? If so do you have proof you are paying them and on time.

I have 100% for Chronic Anxiety Severe and sometimes this does become a problem, but in

my C&P the doctor stated, " I was competent to handle my own affairs.

I am sure others will also come in to assist you.

Is there a reason your VARA would think you were incompetent?

[rosypalm]

josephine yes i did have a c and p exam and the letter states " theres a definitive finding of incompetency by a physician in this case". Yes I had charge cards and they are all done and paid i no longer have them activated. I do not know if the doc said in the c and p exam if I was competent enough to handle my own funds. It was headlined compentency to handle funds but that is it. I t came in a packet format. What do i do will i have money withheld from me I am in hardship. The reason the VARO thinks im incompetent is that I have a SSDI payee for the time being until I can prove to the pyschiatric program im enrolled with that I can pay my rent. then they will get me a doc to state I no longer am in need of a payee but SSA never said I was incompetent at all.

Edited November 18, 2009 by rosypalm

[Berta]

You did VERY well going from "0" to 100% SC! COngradulations.

And you can fight the incompetence thing but that will hold up your compensation.

SSA declared my husband incompetent but told him he could certainly appeal it but he said he liked it-VA however never declared him incompetent at all. figure that.

It is really just plain BS when they do this- but it can often be a protection for the veteran too.

I sure would think that when the SSA deems you as no longer needing a payee=the VA will too-let them know right away when that occurs- meantime I think you should use some of the retro whether it goes to your payee or not- it is still your money-to obtain a declaration of competency from a psychiatrist.

If you do a search at the BVA web site for incompetence- this is a usual procedure for many types of mental disabilities and can be fought-they dopnt seem to care however if a vet is getting 50 or 70% for years but then due to a successful TDIU claim they might owe the vet Mega bucks and then they pull the incompetence stuff never caring if the vet had pissed away his 50% comp checks.

This is a protection for you and obviously any vet who goes from nada to 100% sure isnt incompetent.

No long lost relative can take your stuff and this is NOT a legal civil court competency matter -just a VA matter.

and they followed the SSA guidelines here.

You can accept this for now so the money isnt held up for a long time and still fight it with a NOD or even just a letter from SSA or from the psychiatric program people.

Congratulations!!!!!I wish we had smart people like you working at the VA-you did very well with your claim.

[BoonDoc]

Congrats on the 100%...really happy for you!

BoonDoc