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Vetta

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Posts posted by Vetta

  1. Vetta: The VA has notified you of intent to appoint the Financial Fiduciary, have you had the Personal Interview yet? My brother-in-law's VA Dr put "Depressed and possibly financially Incompetent" in his progress notes, within a month, the VA was setting up the Fiduciary Dept Personal interview. At the interview, my bro-inlaw stated the same things you referenced and my wife corroborated his ability to handle his own finances. The Fiduciary Social Worker agreed to just monitor my Bro-laws checking account and expenditures on a monthly basis, so no begging for $$.

    As soon as I was made aware of the possible VA Fiduciary involvement, I had my Bro-inlaw, his sister and his Daughter set up a Bank Account at the same bank with all there names as joint. However, the account was listed with his sister as the Primary account holder. All funds from his Direct Deposit account were then transferred into the side account. If a VA Fiduciary is appointed, they immediately take control of all funds currently in your Direct Deposit Account.

    As it turns out, my bro-inlaw probably did need the VA Fiduciary. My wife (his sis) took over paying all his bills, in reviewing his check book, it turned out his X Wife was tapping him on a monthly basis for $500+ for Vet Bills and maintenance of his dogs. When she learned he was terminal, she wanted to remarry and take care of him, Ya for the DIC.

    Semper Fi

    Gastone

    By interview do you mean hearing? No I havent I just received the package Friday. I'm in the process of writing a letter stating that I feel I don't need a fiduciary. There's a number listed for me to call if I want a hearing which I do. The letter stated that I can bring a VSO or a lawyer. Which leads to another question.

    I was dianoised with ptsd/mst around 7 months ago although I suffered with the symptoms ( nightmares, panic attacks depression among other things) for over 20 years. I kinda went into this blind contacted the VFW on several occasions via emails and phone calls asking them with for help filing my claim to no avail. I decided to file without any representation. At the time I didn't know about VSO's (still don't ...)

    How do I get a VSO or lawyer to represent me? Which one would be better.

    I know time is of the essence and I want to move fast on this.

    Thanks

  2. Vetta, thanks for the good wishes. How long were you diagnosed with the PTSD thru the VA? I was 30% PTSD in 2013, increased to 70% in 2014, and the VA said I am Temporary 100% Total, and PTSD review in Feb 2016, instead I just found out that I have an exam for PTSD Review next week. Not trying to ramble, just freaking out. I have a ton on dang exams next week, and I just saw on Ebennies that I have another C&P exam the following week, and I don't even know which one that is for. I was approved SSDI last year solely for PTSD, and they found me to not be able to manage my finances. I am like you buying home, good credit and always paid our bills, but it did not bother me. My wife signed one form and that's that. Good luck and do what is best for you. If you need help with your SSDI just let me know.

    Wow that's a lot of exams!!! I was diagnosed by the VA in 2014 although I suffered with it for over 23 years. I finally reached my breaking point last year. It's really hard for me to deal with potentially having someone govern me financially. I'm pretty independent. I'm going to take you up on the SSDI help. So SSDI deemed you not able to manage your finances?

  3. Be forewarned that it sounds like VA granted you 100% due to PTSD and if you request to be P & T, VA will most likely slap you with an incompetence proposal. If you are P & T you should have received a VA form 21-8760 in your packet. This happened to several veterans that I helped and as soon as they sent the P & T paperwork in, came the proposal letter of incompetence. Both veterans were found to be incompetent but that is the risk you take when VA grants you 100% due to PTSD.

    I hope I am wrong and I wish you the best.

    http://www.vba.va.gov/pubs/forms/VBA-21-8760-ARE.pdf

    I think I am permanent my paper work states

    " we assigned a permanent 100% disability evaluation for your service connected disability effective ----

    No examination will be scheduled in the future for your permanent and total disability

  4. Be forewarned that it sounds like VA granted you 100% due to PTSD and if you request to be P & T, VA will most likely slap you with an incompetence proposal. If you are P & T you should have received a VA form 21-8760 in your packet. This happened to several veterans that I helped and as soon as they sent the P & T paperwork in, came the proposal letter of incompetence. Both veterans were found to be incompetent but that is the risk you take when VA grants you 100% due to PTSD.

    I hope I am wrong and I wish you the best.

    http://www.vba.va.gov/pubs/forms/VBA-21-8760-ARE.pdf

    Hi Pete yes that paper work is in my package. The incompetence paper work is also there. I'm going to appeal. Would it be a good idea to set up a hearing or write a letter or both? What evidence could I use to support I am competent? I have excellent credit own my home have never been behind in any of my bills.

  5. If you are denied Chapter 35 (P&T) I would appeal it right away. I got it that way and I waited one year from the date of TDIU and got the Chapter 35 on appeal. Why wait 5 years? If you can get a doctor to say your condition is permanent or at least stable with no improvement likely then that is P&T in a nutshell. If you have dependents and get P&T then they can get help with school in the form of "money". You can solve many problems with that little letter combination P&T. Unless your award letter said you are being paid at 100% rate due to unemployability then you are not TDIU. If it says your combined rating is 100% then you are scheduler. Working is not so much of an issue for scheduler, but I would not broadcast it to the VA.John

    Thank you John. Hmmmm... My claim says " your overall or combined rating is 100%. More then likely I will be leaving my job I just need to tie up some loose ends.

    Thanks

  6. Vetta: T & P might be problematic, but IU is still good, right. Can You or Can't you work, that is the question. With both VA IU and SSDI you can only have Earned Income that is considered below the US Census Poverty Level for (1) person, currently $12,400 if under 65 ($11,350.00 65+). With VA IU, there are certain extenuating circumstances where income in excess of the $12,4 would be considered marginal income and not automatically cause a problem with your IU award. I'm not sure if SSDI has the same exceptions.

    When you finally get your VA Award/Denial Rating Envelope, a complete discussion regarding your Award, Evidence Etc will be discussed in detail. You'll also note towards the last couple of pages, the VA will advise you that your Eligible for the VA Vocational Rehabilitation Program. Understandably, the VA would like to see you get Vocationally Rehabilitated so that you could earn in excess of Poverty Level income.

    Each year, near the anniversary date of your IU Award, your required to file a VA Employment Income document verifying that you haven't exceeded the 1 person poverty level income threshold. If you don't file, the VA could send an intent to reduce notification letter. Something you really don't want. Be very careful, familiarize yourself with all IU reporting requirements and comply. As for self-employment and just not reporting, don't even consider it. RIGHT-OFFS, RIGHT-OFFS! Report ALL your EARNED INCOME, after ALL your DEDUCTIONS. Shouldn't be any reason/need to try and game the IU program. $36K Tax Free VA + SS/DI $18K+or- and up to aprox $11K earned income =$65K. What IU Vet in or close to being in their RIGHT MIND couldn't make ends meet and/or would jeopardize any of it?

    Semper Fi

    Gastone

  7. You are eligible to file for SSDI. I would do as others say and just wait until you get the award letter. If you are 100% with Chapter 35 Benefits (P&T) unless you are TDIU you might be able to continue to work. Would VA money replace you working income? If you become 100% for PTSD then working is probably not such a good idea since that DX at that level of disability usually precludes working. If you are self-employed you can often keep working just never mention it to the VA. If you apply for SSDI then working becomes even more of a "No, No". Of course you can do a little work under SSDI but poverty level stuff and they will look at you. Just read you award letter carefully and post results with name and any identifying numbers blacked out.John

    The VA money would replace it next year. I'm putting my niece thru colledge she graduates this year so that's an expense I can do away with.

  8. This is a biggy. Wait until your award letter then if its 100% then go file SSDI.

    Pete is correct, I am rated at 80% but award TDIU. I am awaiting P&T because the VA has to wait and see if my issues stabilizes. We all know that spine issues only progresses mainly if there is nerve damage.

    I can go the any military base and go the commissary and PX. I just haven't been over to MacDill AFB to get my military ID card. Thanks for reminding me Pete I need to take a trip over there next week sometime.

    My award letter stated I had a future exam in Feb 2016. What the VA is doing is going by what SSDI is doing. They thought I was going to be able to have surgery but I was told No surgery will help because there is no way to fix the joints in the spine.

    Anyway yes you can get an ID card from any military base. You need your DD214, VA Letter that reads your entitled to commissary priviledges. Now, if you are in the DEERS system then you are good because they know your entitled. They will see your rating and TDIU award.[/quote

    Do you think I would need an appointment?

  9. Congrats on the award bud, but I have to agree with Pete on this one. You should do whatever is best for you and your family, just always remember that the VA will look for any reason to take away what we deserve. I myself am up for a PTSD review next week, and I was just awarded the 70% last year. I am 100% VA and do not work, yet I am nervous as heck. God Bless and good luck

    Congrats on the award bud, but I have to agree with Pete on this one. You should do whatever is best for you and your family, just always remember that the VA will look for any reason to take away what we deserve. I myself am up for a PTSD review next week, and I was just awarded the 70% last year. I am 100% VA and do not work, yet I am nervous as heck. God Bless and good luck

    thanks Navy

    good luck on your exam!

  10. You might want to wait until you get your award letter. Reason 70%+30% does not add up to 100% in VAs funny math. It only adds up to a combined 80%. So unless you have some other ratings it is really hard to say. Not sure if VA granted you TDIU or 100% due to PTSD. In which these rating precludes a veteran from legally working. IMHO something is off somewhere.

    Hmmm.... your prob right. It does say in my commissary letter "the veteran has not been scheduled for future examinations"

  11. If your PTSD doctor stated you can't work because of the PTSD and the VA finds out your working they will most likely lower your rating like Chuck stated above...

    Sorry I missed reading you had PTSD. Now if your PTSD is rated that much because of nightmares and such things like that then yea you can work. If I was you, I would get a boat and go fishing or hunting for awhile. Relax and enjoy life for a bit.

    My doctor didnt state that i couldn't work. It's a struggle going to work every day but i pretty much work by myself ... most of the time. Yes i suffer from nightmares and panic attacks and anxiety.

    hunting and fishing , only if you put the worm on the hook for me lol

    thanks!

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