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?

I would go the dro route thats where I m at. If you go the traditional appeal they have to move your file out of the VARO.

Im supposed to speak with the pyschiatrist this week on this issue. I have heard from SSA all you need is a dr. statement saying that you are ok to handle your funds. Then the SSA will hand you a request form to fill out. Personally , my payee right now is awful. I don't care what anyone says.

one other thing she has said is that she while she only has a green card and cant even Vote for crap says shes a taxpayer and that supercedes me being a disabled veteran and that "im wasting the taxpayers money" . She was saying over the phone with me that I wasn't taking my abilify at all and that it was on the ground I spit it out she found it but I swallowed it. B) If the taxpayer is so right then why did they vote for representatives to instate rules so we the Veterans could abide by? Isn't that what the VA is about? why can't she go protest or cry to the legislator or whomever is ur representative congressman or senator but to say that to a disabled veteran ?

Hi Vets, Im in a huge problem that I feel that I'm entrenched in with my sibling who is my rep payee for my ssdi benefit from SSA. She knows my condition is with the VA CSP located in Madison Wi and they are who I adhere to but she has LIED yes lied and told me over the phone "who are they gonna believe me or u?". Plain evil anyways she is a nutcase whos empowered by taking control of my funds and I want out. Its gotten so bad that I dont even feel like keeping SSA any longer because of her!! Is there any suggestions to tell my VA pyschiatrist to help and write a statement that I can handle my funds from SSA. Please this is putting me in a serious hurt. The VA pyschiatrist wont know how bad she is but she also would not want to cooperate in anyway to not have her no longer as a rep payee . They might want to see signs that I can handle funds on my own but she wont allow any money other than what she gives and that wont be anything to show I can handle my funds on my own. Keep in mind she wants to hold on to my money like tooth and nail and never wants to see me with my money handling it like a grown person. She has repeatedly told me not to go on her property any longer than rings me up and acts like nothing has happened. Hags on me to use the money that she gives me to buy expensive clothing material that I already feel I have enough of to wear on a weekly basis. ASks constantly "what did u do with the money that I gave you?". I have to beg to use my money to repair things, or to buy things that are a necessity like car repair,uhaul,computer repair with the back pay that I got. Please anything that would help in having my dr. write a statement saying I dont need a payee.

I'm sorry I meant to say convalescent here is the attached doc by the way Vets take a look and tell me what you think!! S4_30.DOC

Thanks testVet, If u read the CrFr4 regs on disability ratings on the VA website and look at the covalence I was hospitalized at the VA hosp for a month inpatient and after that I recieve outpatient. The covalence states that a vet for 100 disability recieved a month of inpatient treatment then outpatient treatment for 1-3 months. Im still with outpatient treatment. Well over 3 months .

anyone to answer my question below?

Also another quick question what do u think my rating is gonna look like if I do get accepted and what are rate increases? Do u think with a claim as service connected schizophrenia that would be at least 70 percent or 100 percent? If not at 100 how do file any rate increase?

I have filed a claim before and no I wasn't severanced. What reason ?

My VSO wasn't so much helpful the first time with the claim when it was denied but doing a search on the c-file found out the suicide report and that gave the VSO all the help for finding in service connection. They got to have something to work with you know? They can't work on thin air and see the nexus and thats what happened. They help when u provide evidence like I did when I went to see the VSO.

thanks sixthsense All of this makes sense except the retroactive thing could u clarify ? I didn't file within one year of discharge so thats a no go. I got out in 02 and filed in may of 08 the initial claim and was denied in jan 09 and appealed feb or march 09. What date would likely say that is the initial date the retroactive takes place?

thanks sixthsense All of this makes sense except the retroactive thing could u clarify ? I didn't file within one year of discharge so thats a no go. I got out in 02 and filed in may of 08 the initial claim and was denied in jan 09 and appealed feb or march 09. What date would likely say that is the initial date the retroactive takes place?

thanks broncovet, this is smooth thats why im asking how long its going to be. I already am with a VA communitysupportprogram and the doctor is writing a imo. I sent a form in already signed by my VSO and faxed it to the VA regional office now all i have is the imo im waiting this wed to fax to the VA regional office . Is this going to be retroactive from the initial denial? This is smooth because I have all the evidence in front of me and I have a argument for a nexus that the VSO faxed. So a year?Dang!

Hello Veterans, I haven't been on this forum since four months ago . I was denied service connection for schizophrenia to include anxiety and depression and opted to appeal using the DRO. I then went to the VSO and the representative wrote an argument from in service of a suicide report and call to the VA hospital six months after service for depression to when the suicide ideation and manifestations first happened. I'm getting an independant medical opinion all I have questions . How long does the DRO appeal last? Is the initial claim then from the time the initial service connection for schizophrenia to include anxiety and depression was denied? Is this going to be retroactive?

Berta your adding confusion to the mist you really are. I appreciate your help though your misinformed thats all. I got service connection not for schizophrenia but for lesions on legs I made that clear in my earlier posts it was supposed to be interlinked to schizophrenia but I had no record from balboa confirming that. Yes the VA does not currently know I was awarded from SSA they know that I was in the process to get SSA. Again how does that matter the va already gave me a nsc pension for perment and total disabilitt, Must mean in their eyes im sick just not nexed from the time I was in service? AGain Berta does it matter if the signs and symptoms of schizophrenia do not include any specific emphasis on suicidal ideation . Key word being include doesn't mean that a report of a threat of suicide is excluded does it from this??

It was either my Va worker or va doctor that interlinked that stress from the lesions was due from schizophrenia. It would have been beautiful if the record from balboa surfaced too.

Ok if they did not develop the claim then how could the claim be developed with no evidence? I'm not disagreeing with you, but the my original argument for schizophrenia and importantly keyword here is STRESS to be nexed to the schizophrenia claim was from the BALBOA record that never surfaced. HOPPY its as simple and thorough as that it couldn't be more convincing except that the record never surfaced. Again a lot went on and these claims were written in an ineffectual manner thats why theres confusion. The va workers which didn't have access to all my records from in service basically wrote what I went off of my head. It was even written while I was a patient in the VA psyche ward. I didn't have a c file to look to or else damn I would have nexed the report of suicide before the balboa record. I just never thought it got on record. Yes , I got all of the evidence now from the c file there isn't anything missing except the balboa record. Well I had a doctor work on the claim for me and va workers too I nexed something that never surfaced. Thats why I recieved a non service connected pension and a service connected 0 percent and a blockade towards service connection claim to schizophrenia. Things were out of my control I don't disagree at all for why I never got a comp and pen for schizophrenia there was nothing to suspect them at that time of any chronicity for the service connection towards the schizophrenia claim. Thats why they sent a form mid thru the claims process to submit or find the balboa record or any new record and I didnt but couldn't I just didnt have any excersize to retrieve them. Oh and HOPPY statements made from my doctor were very intimate on my condition due to aggravation. I disagree with you also on STRESS. If a well practioned VA worker doing my claim says "BINGO" the lesions were due to stress how is that for schizophrenia ??? Stress and the schizophrenia claim wont be tied?? :P sounds like aggravation to me.

Yeah I know , but what makes me think my doc or shrink would want to work on this for me or most importantly on my behalf? :P If its unreasonable he doesn't have to lift a pen? I have all the evidence weighing against him if he doesn't help with the appeal. I guess I want the best of both worlds I want my VA doc to have to help but to also as you said develop it as someone with his expertise and precision handling give it flying colors. "WHY SHOULD I WORK ON THIS FOR YOU?"

I know this is beaureau cratic red tape so I shouldn't just say that HELL somebody that should give me the benefit of the doubt should give me the benefit of the doubt. I don't know if that makes any feasible sense but my doc who also works for the va is connected now to me and him working for me he wouldn't put himself at any risk since im already permanently and totally disabled and there is so much from the very hospital he works for for my evidence. CONSISTENCY!!!! The very fact they gave me non service connected pension due to having seen and been through a pysche ward,vet center for mentally disabled, and a housing program for low income and mentally disabled persons which in all manner was not service connected because of my original argument says that aggravation started while having been seen at BALBOA. So there was the lesions on legs that was originally for interlinked to schizophrenia due to stress from BALBOA record. The lesions on my legs were chronic as I got treatment and prescribed medication and never amounted to by VA standards anything more than 0 percent. That im in no disagreement with. The report of suicide and a call to a va hospital because of depression a little less then one year after in the service showed no chronicity. Scout was right the only way to do this is by symptomology from presently. My doc is a real standup guy I know he ll be there for this appeal for if he wasn't and knew It is a victory as I know it as a victory for sake of argument if my right to an appeal and the VA's obligation to help with the appeal only can they not help if unreasonable which if the doctor doesn't agree to help me with the appeal then symptomology could easily be brought with accounts with many evidence from the psyche ward,vet center for mentally disabled, non service connected pension for permenant and total disability,and a housing program for low income mentally disabled persons. I think he'll help :P

Also if you read from my earlier posts and this is important HOPPY they gave me a non service connected PENSION. The VA does acknowledge that im permanently and totally disabled since im under 65. Now given this award they do know in VA agreement that evidence for the claim of schizophrenia never is service connected. Can anyone say blockaded?? My doc is writing a new argument for this appeal for the report of suicide because again the Balboa record never surfaced and nobody knew until the claim for schizophrenia was already in process about the report of suicide. My doc would have had changed the original argument. Also if you read from my earlier posts and this is important HOPPY they gave me a non service connected PENSION. The VA does acknowledge that im permanently and totally disabled since im under 65. Now given this award they do know in VA agreement that evidence for the claim of schizophrenia never is service connected. Can anyone say blockaded?? My doc is writing a new argument for this appeal for the report of suicide because again the Balboa record never surfaced and nobody knew until the claim for schizophrenia was already in process about the report of suicide. My doc would have had changed the original argument.

Hoppy I did get a comp and pen for something in its complexity sides with being unrelated to schizophrenia then something that could have helped with a claim to schizophrenia. It was for my legs with lesions which the VA did find to be service connected at 0 percent. You offer a good point the claim does seem undeveloped. In my earlier posts I said something about Balboa records never surfacing. I was at that time went to see a naval doc in balboa for lesions on my legs but importantly the LESIONS were diagnosed as stress related and was noted as I recall. I would have had both my lesions on my legs claim and schizophrenia claim service connected if the balboa record surfaced. As it was stress related and the original argument was about the balboa records in being about the claim schizophrenia than it was pivotal that balboa records did surface and it never did. Why then did the Va service connect only the lesions on my legs at zero percent ? Well I went to sick call prior going to Balboa and was given antibiotics and cream but never did it mention anything about STRESS if it were then I would of had the nexus that I needed with the original argument and of course the VA found that but not the Balboa record. They gave me a comp and pen to see if there is two or more scars for at least a rating of ten percent and according to the examiner there wasnt any. I dont disagree but why give any person a service connection at 0 percent? isn't a zero something worldly unappearable? Doesn't it feel like the VA gave me the benefit of the doubt for a service connection that wouldnt be able to get a ratable rating but didn't give the time to a schizophrenia service connection the same way knowing that it would have been a much higher rating? The report of a suicide threat appear as did the same way when I went to the clinic for lesions on my legs but no that would have been going above the call of duty to give the benefit of the doubt in that treatment to say it was service connected because of that :) The comp and pen was a meer attempt to see if any scars exist presently to get me service connected as though the schizophrenia claim was still out in the air because the balboa records didn't show and still hasn't.

HOPPY I don't like to use the term bombard but it almost is going to be that way with continuity of symptoms. The VA wants new evidence I say Im gonna give it to them :)

well john999 if I denied a report of a threat of suicide why is it even listed in my c-file? It happened!!!! Obviously someone has to be considered. SCOUT thanks again for the advice yes its going to be continuity of symptoms from what ive read and the rationale behind it and my records I got on hand. Guess I gotta brace for the long road ahead of an appeal. :)

I have a lot of lay people. My sister my sister in law people who brought me to the pysch ward and my vet center. Believe me they all know my condition. So really thats all you have to do is make a statement and that is evidence? hmmm so the VA is taking statements especially my own as evidence? If that is so then that is huge. What does anybody say will it go to the RO before the BVA and get approved ? Or do appeals have t o be 2 years long and wait for the bva to see the claim? What I know of I think this will be a decisive win and enough to shorten the appeal time by a year at least.