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About msh789

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  1. So what I am gathering from the replies here is it's best to have a trusted non-family member attorney as the fiduciary..? Dad won't go for that, sadly.. I tried to 'heart' all the replies but can't..Thank you all!! If the brother is the fiduciary, is an attorney still needed..? I don't know if dad has a living trust/ trustee, but brother is POA and dad has a will and a living will and brother himself is also an attorney. I need to find out if dad has a trustee....If not, I highly doubt he will get one now, he is going to be 89 next month and everything is quite an ordeal for him. I guess as it is now, at least having a family member is better than the VA in charge as fiduciary....? My worry is that the VA can somehow remove the family member and the VA would take over as the fiduciary and then the mess would possibly start..? Guess I still have more questions, like to find out if dad has a living trust and if so, who his trustee is.. My family always let the attorney brother handle everything and kept me in the dark a lot of times... Thanks again for all the replies.. Edit to add: Texted brother and he said dad has no living trust..wow..And like I suspected, dad is pretty much too old to get one now, and especially since the VA "found" him to be incompetent..
  2. Good for you!! If I may ask, do you have any fiduciary now? How did you fight it? I did a search on this site but when I did, surprisingly not much came up.. Most of the 'horror stories' I read were elsewhere..
  3. Sorry to ask more questions, but this is confusing and even a little scary.. The Field Examiner is coming this week to interview my dad (100% disabled) and also my brother, whom dad wants to be his fiduciary. I am reading some horror stories about all of this. Apparently if my brother is appointed, he has to report to (?) the field examiner regularly..? I've also read in more than ones pot that the VA will try and remove a amily member as iduciary and get a VA-appointed fiduciary, and that is where problems come in of possible fraud, misuse of the vet's funds by the VA-appointed fiduciary, even dipping into the vet's other bank accounts and insurance policies, embezzling, on and on...it sounds like it could be a nightmare!!!! And even if the family member is approved, I've read that the VA can deny expenses..necessary expenses..It sounds like a plethora of problems and I've been reading about crooked VA fiduciaries, to say the least... This all makes me sick bc my dad worked very hard all his life and he gave a lot in military service and he has suffered years (decades!!) of problems (hearing loss just being one) bc of his service in the war....Is this whole fiduciary process the potential fiasco that I am reading about..? Sorry if there are typos..I went thru this to try and make sure there wasn't any typos....but it's late here and my wheels at night go into overdrive with worry...
  4. Thanks for all the replies..so much excellent info, suggestions, and things to consider..
  5. Long story short,an examiner determined dad incompetent to manage his finances. My brother and I both stated in 2 exams (knee exam and A&A exam) that my brother and I manage dad's finances. But long story short, they are going to call to set up an appt to have a field examiner come to see dad's competency. A family member might be appointed if dad requests (which likely he will), but my question is, they ask for (2) character witnesses. I basically have become a hermit in taking care of dad..I really never see anybody other than in passing at the grocery store these days. I can provide the character witnesses, but my question is, do they ask the witnesses how often they see me..? Because I really never see anybody these days..I lead the life of a nun, which anyone who knows me would say, but if the examiner asks the witnesses how often they see me, or the last time the person saw me, that could be.."hardly ever" or "several years now".. Now, my other question is about some Brady Handgun Violence Prevention law about firearms. I am licensed to carry and I legally own a firearm that is locked up and only I and my brother have the key to access. Dad lives with me, so while he has no access to the key (hence, nor the gun for that matter), I still worry about this....Should this pose a problem..?
  6. Yeah, dr's writing is hard to decipher... Can't find any info on his "supplemental claim" on the va.gov site...the VA claims rep submitted the supplemental claim on Friday afternoon...Is it too soon for it to appear on the va.gov site...?
  7. Right, that is why I posted the clip part of his 2680. Is that not considered a diagnosis? This is so confusing...
  8. This is the 'diagnosis' that his VA rehab/knee doctor filled out today on the 2680 form. The VA claims rep said this part is key. But even though he was rated 10% disabled for his knee many years ago, I am wondering if this 'diagnosis' that the rehab/knee doc filled out today coincides with his knee injury when he was in the Korean War...To me, this 'diagnosis' today looks more like age-related condition. And he is "only" rated 10% for his knee...But the claims rep seemed pleased with this 'diagnosis' today.
  9. Thanks..it's so confusing..His rehab doc is surprised he was only rated 10%.. I guess it is wait and see now..
  10. Thank you..Will be interesting to see what happens..Gosh, he might even get denied again..By saying "when the doctor said you were disabled"..that part is what confuses me..he was initially 10% disabled for his knee that was service connected YEARS ago..So, other than his rehab/knee/VA doc filing out the 2680, I am not sure a doctor specifically said he is disabled due to his knee..?..would his 10% disability for his knee be what they go by..? Or does he need some type of letter from a doctor specifically saying he is disabled due to his knee..?..and if so, who does he see for that..? Would we need to ask his rehab/knee doc for all his files..?
  11. Dad applied for Aid and Attendance back in November, and he was denied. We were under the impression that bc he needed 24/7 care and was service connected, for daily tasks like grooming, dressing, showering, etc, which he does. Basically he had (2) doc's initially fill out the 2680 form, and long story short, his heart doc, who for whatever reason, dad thinks this heart doc is God, well...this heart doc screwed him bc the heart doc answered 'yes' to he feeds himself, etc..The heart doc sees him barely once a year..his VA doc, who he sees every 3 months, said he does need help with feeding himself, etc.. So..had the c&p exam and he was denied.. When he was denied, the VA claims rep told us to wait 6 months and appeal or whatever..Which we did..Last week someone was filling in for the regular claims rep, and old us to fill out a new 2680 and ask for a reconsideration. BUT, today the regular claims rep said to have his rehab doc fill out the 2680 for his knee, bc he is service connected disabled due to his knee. By luck, he had an appt with his 'rehab' (knee') doc today, and we had the rehab doc fill out the 2680, which, he sees this rehab doc weekly (even at VA daycare), so the rehab doc knows dad's daily living help that he needs......finally..getting dad away from insisting on using the heart doc who basically screwed him out of A&A back in November.. Now, this is where I am confused..I thought if they determine that dad qualifies this time, he gets backpay from November. But I'm thinking this is a whole new claim..? The rehab doc filled out a new 2680, which we submitted to the VA claims rep today, and she confused me as to if it will be backpay to November or not. She herself submitted for dad form 20-0995, where she filled out or "13A. Specific Issues": aid and attendance due to service connected knee condition and for "13B. Date o VA Decision Notice" she put today's date," 06-07-2019." So, is this basically a whole new claim..? What is this "Supplemental Claim" she put in today..? I did not read the part where it said "Supplemental Claim" at the top, she was rushing us out bc she was so busy today..
  12. They turned dad down for Aid and Attendance and he has gotten worse, so we are going to I guess ask for a reconsideration. How does this work..? We had his VA doc fill out the same paper as before. Do they take his previous doctor papers into consideration, or not, being he has gotten worse since November...? Also, will he have to go or another c&p exam..? The doc said he needs help with 5/6 ADLs, but also said he can feed himself. 5/6 is big, but also, feeding himself is the very first question on the paper, so it is pretty big in itself.
  13. Dad is 88 years old and is 100% disabled rated by the VA (actually 110%)...He told me today that he was talking to a 93 year old at the VA hospital, the 93 year old lives there, is a permanent resident. The 93 year old supposedly told dad that in addition to living at the VA, he still gets his 70% disability direct deposit every month... I could've swore when/if you go to a nursing home and the VA pays for the NH, that you lose your monthly disability money? I did a google search and can't seem to find anything, but I could swear I read that somewhere before. Is that possible..? I find it hard to believe, I mean, I thought the disability money was to cover cost of living for the vet..? So if he goes to a NH, he would then lose the disabilty money, right..? I'm wondering if dad misheard (very hard of hearing), perhaps he misunderstood, or perhaps the 93 year old perhaps has Alzheimers and was perhaps was not fully communicating well..
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