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  • 14 Questions about VA Disability Compensation Benefits Claims

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JOHN1

Competency Proposed

Question

2 weeks ago I was told by my vso and the 1-800 a decision was made (PTSD increase) but there was a "compentency issue proposed".

Have not gotten anything in the mail.

Now what?

John

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Did they say you were declared incompetent or was this all that was said? If you want to wait on the letter you can but this sounds like imcompetency was decided and you might need a fuduciary. I don't think there's much you can do until you get the letter.

jerr

2 weeks ago I was told by my vso and the 1-800 a decision was made (PTSD increase) but there was a "compentency issue proposed".

Have not gotten anything in the mail.

Now what?

John

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Did they say you were declared incompetent or was this all that was said? If you want to wait on the letter you can but this sounds like imcompetency was decided and you might need a fuduciary. I don't think there's much you can do until you get the letter.

jerr

You said a sum total of "nothing" with this post...

Bergie

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Where in my post did I say "a sum total of "nothing."

If you have a problem with me you know how to PM me and we can straighten this little issue out. You're getting a little childish don't you think.

jerr

You said a sum total of "nothing" with this post...

Bergie

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C&P Exam said "could nor handle financial affairs without spouse". I have no problem with her being assigned, but how long until I get the original letter from date decision was made then what? Sorry, just worn out.

John

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The VA is 'proposing' incompetency and you can appeal that if you wish.

It doesnt mean much except for VA purposes and I know vets personally who are very glad that VA proposed incompetency in their case.

In our situation here SSA declared my husband incompetent but the VA never did.

SSA called him up and told him he could appeal this but he said he liked it because I always handled the money anyhow and he could no longer write a check or see money denominations on bills.

This is a protection for many vets who (certainly I know 2 like this) who could spend thousands in a weekend and soon dwindle away all of their retro.Both were glad their wives were the payee for their VA comp.

The good part- obvious they must owe you a significant amount of retro-

the bad part-this stuff can add many months to getting the retro in the bank.

In the IMO forum I added a suggestion that if a vet gets an IMO for a mental disability-the IMO doctor should state they are able to handle their own funds if that is truly the case- and many many vets with mental disorders are fully capable of that.

This additional statement in an IMO might stave off any VA attempt to propose incompetency.

I personally think it is usually some VA BS just to stall paying a claim (they only do this when it involves a mental disability and a usually a good sized retro payment)but I also realize in some cases it is often the best thing for some veterans to have a trusted payee.

No distant cousin or anyone can get your stuff- this is just for VA purposes.

If the VA declares a vet incompetent due to SC disability then they should make the award P & T in my opinion-

If you are awarded TDIU P & T -the P & T status will get the dependents CHAMPVA benefits and Chapter 35 DEA Educational benefits.

You can ask them to expedite the incompetency proposal but nothing is going fast these days with the VA.

The VA has to verify that the payee is competent.A vet friend of mine waited over 4 months for the VA to come to his house to interview his wife for payee status.

She works in the mental health field herself and certainl;y was the best fiduciary he could get.

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