100% Disability With Proposed Incompetence

[Nekoiinu]

I hope I post this right. The page has changed since the last time I came here.

Well, after 9 months I have been found 100% disabled due to psychological problems. I also got rated for a ton of other stuff but that does not matter because of the 100% They also gave me the housebound allowance so the whole thing comes out to like $2829.00 a month. They wrote in there that there is a proposed case of incompetence. They also said that an appointment will be set at a later date to determine the severity of my symptoms. I have read about as much as I can about being found incompetent and having someone else ( which in my case would probably be some appointed person because I do not have familiy ) administer my personal affairs. I guess I am just hoping that someone who really knows about this can give me some facts. The things I have read are kind of not clear as far as what really happens step by step in a case like this.

I would like to ask that there not be to much posting about how much the system trys to screw you or how messed up it is. I dont mean to be mean about it, but it does not help too much. When I think about this possibly happening, I dont feel so well on the inside. So, I would appreciate it if someone with information could take the time to share if they can. Thank you.

[Nekoiinu]

I put this in here to clear some questions and give more information. I am still not clear if they are still making a decision on incompetency, or have made the decision. Then someone who posted made me think about the permenant part of this. Below they said something about additional information for Veterans with sevice connected permenant and total disability.I am kind of afraid to jump the gun and fire off some letters. I guess I am just trying to play it cool. Thanks for the replies and support. Also the poster who asled about chapter 35, I dont know about that.

You filed an original disability claim that was received on June 14, 2007. Based on a review of

the evidence, we have made the following decision(s) on your claim.

This letter tells you about your entitlement amount and payment start date and what we decided.

It includes a copy of our rating decision that gives the evidence used and reasons for our

decision. We have also included information about additional benefits, what to do if you

disagree with our decision, and who to contact if you have questions or need assistance.

What Is Your Entitlement Amount And Payment Start Date?

Your monthly entitlement amount is shown below:

Total Award Amount

Amount Withheld

Monthly Enti tlement Amount

Payment Start Date

Reason For Change

$2,766.00

$2,766.00

$0.00

Aug 1,2007

Original Award, Withheld Due To Proposed Incom petency

2,829.00

2,829.00

0.00

Dec 1,2007

Cost of Living Adjustment, Withhold ing Due To Proposed Incompetency Continues

When Can You Expect Payment?

Your payment begins the first day of the month following your effective date. You will

receive a payment covering the initial amount due under this award. minu s any withholdings,

in approximately 15 days. Payment \"'i11 then be made at the beginning of each month for the

prior month . For example. benefits due for May are paid on or about June I .

Why Have We Withheld Benefits?

We are withholding your award of service-connected disability benefits, due to the proposed

finding of incompetency.

What Did We Decide?

1 . Service connection for bipolar I disorder with psychosis consisting of paranoid delusion

and both auditory and visual hallucinations, with sleep disturbances (claimed as psychotic

disorder, delusional disorder, depressive disorder, and personality disorder) is granted with an

evaluation of 100 percent effective July 23, 2007.

2 . Service connection for left arm radicuitis (claimed as left shoulder paresthesia) (nondominant)

is granted with an evaluation of 20 perce nt effective July 23. 2007.

3 . Service connection for chronic lumbar strain with thoracic spondylosis is granted with an

evaluation of 10 percent effec tive July 23, 2007.

4. Service connection for right shoulder sprain with osteoarthritic changes in the

acromioclavicular joint (also claimed asarthralgia) (dominant) is granted with an evaluation

of 10 percent effective July 23. 2007.

5. Service connection for left shoulder sprain with osteoarthritic changes in the

acromioclavicular joint (also claimed as arthralgia) (non-dominant) is granted with an

eva luation of 10 percent effective Ju ly 23, 2007.

6. Service connection for cervical sprain with degenerative disc disease is granted with an

evaluation of20 percent effec tive July 23. 2007.

7 . Service connection for bi lateral tinnitus is granted with an evaluation o f 10 percent

effective July 23. 2007.

8 . Serv ice connection for hypertension is granted with an eva luation of 0 percent effect ive

July 23. 2007.

9 . Service connection for palpitation with chest pain is denied.

10 . Service connection for eczema of groin and bilateral feet is denied.

11 . Service connection for obsessive compulsive disorder is denied.

12 . Service connection for temporomandibular joint is denied.

13 . Entitlement to special monthly compensation based on housebound criteria being met is

granted from Ju ly 23, 2007.

14 . A finding of incompetency is proposed.

An examination will be scheduled at a future date to evaluate the severity of your service

connected bipolar I disorder with psychosis consisting of paranoid delusion and both auditory

and visual hallucinations, with sleep disturbances (claimed as psychotic disorder, delusional

disorder, depressive disorder, and personality disorder).

Your overall or combined rating is 100%. We do not add the individual percentages of each

condition to determine your combined rating. We use a combined rating table that considers

the effect from the most serious to the least serious conditions.

We have enclosed a copy of your Rating Decision for your review. It provides a detailed

explanat ion of our decision, the evidence considered, and the reasons for our decision. Your

Rating Decision and this letter const itute OUf decision based on your claim received on

June 14, 2007. It represents all claims we understood to be specifically made, implied, or

inferred in that claim.

We enclosed a VA Form 21-8760, "Additional Information for Veterans with ServiceConnected

Permanent and Total Disability," which explains certain factors concerning your

benefits.

[entropent]

I put this in here to clear some questions and give more information. I am still not clear if they are still making a decision on incompetency, or have made the decision. Then someone who posted made me think about the permenant part of this. .....Also the poster who asled about chapter 35, I dont know about that.

Why Have We Withheld Benefits?

We are withholding your award of service-connected disability benefits, due to the proposed

finding of incompetency.

What Did We Decide?

1 . Service connection for bipolar I disorder with psychosis consisting of paranoid delusion

and both auditory and visual hallucinations, with sleep disturbances (claimed as psychotic

disorder, delusional disorder, depressive disorder, and personality disorder) is granted with an

evaluation of 100 percent effective July 23, 2007.

14 . A finding of incompetency is proposed.

An examination will be scheduled at a future date to evaluate the severity of your service

connected bipolar I disorder with psychosis consisting of paranoid delusion and both auditory

and visual hallucinations, with sleep disturbances (claimed as psychotic disorder, delusional

disorder, depressive disorder, and personality disorder).

I cited the applicable parts of your post. In decision number 14, a finding of incompetency has been proposed. That is different from a final action. They are giving you a 60 day period of time to disagree with the proposed action. They will not pay you until the final action is taken, and a guardian is set up for you, and then they will pay the guardian, not you. It could take a minimum of 120 days for you to see any money at all.

If I were you I would not permit the finding of incompetency to become final without a fight. To fight it, you would write a letter stating that you "disagree with the proposed finding of incompetency" (use those words) and then go to your mental health care provider and ask for a statement from them which indicates that you are "competent to manage your VA benefits" (again, use those words). Then submit the statement as soon as you can, but certainly within 60 days of the date on the letter you just received.

Just as I suspected, you are totally disabled, but not permanently. You will have to undergo a review examination at some time in the future in order to determine if you still warrant an evaluation of 100 percent. That review examination can be scheduled any time from one to five years in the future. It will be just like the examination you underwent for your current evaluation, and it will help your case if you are not working while you are 100 percent.

Edited February 17, 2008 by entropent

[tssnave]

entropent - couldn't NEK go ahead and fight for P&T since the Decision was Aug 2007? I know the compentency issue is separate from the permanent issue but seems to me if they are going to exam NEK again then they may as well do so for both issues, especially since bipolar is a lifelong illness.

NEK -

1. How long have you been bipolar? If it's 5 or more years you may want to consider putting in a NOD and request a permanent rating (which is a separate issue from the competency rating). I am bipolar (over 25 years) and in my NOD for a rating increase I requested P&T (permanent and total) because I met the criteria and the C&P examiner noted the long term nature of my illness and my IMO shrink made other comments about the long standing problem I've had and how bipolar doesn't resolve over time but only gets worse (sorry if that hits you as hard as it did me when I read that in my IMO).

I assume you only have psychosis during the height of your maina because that's my experience. If that is the case, and if you do manage your finances on your own, you may want to stress that you manage your finances between episodes of depression and mania. I told the C&P examiner that I paid my bills on line and it didn't matter if I was depressed and not leaving the house because I could still pay them and since my mania never lasted more than a week or so and you always have a 2-3 week window to pay your bills that I was able to pay them on time despite my bipolar disorder. I would never claim to be able to do anything manic other than look and sound like a raving lunatic but fortunately there is a lot of "murky middle" between episodes. If this is your case, perhaps clarifying how it is and when it is you pay your bills would be helpful. Also, make sure you know what bills you have and how much they are and when they are due. If you have good credit, print off a credit report and send it to the VA as well. Don't take one w/ you to a C&P exam, the examiner won't look at anything that's not in your record (that was my experience though others have had docs that would look at stuff outside of your c-file I'd play it safe and send it to the VA so it's in your C-file). You can get a free credit report at www.annualcreditreport.com. If you have good credit and not too many credit cards with high balances it may help as well, especially since bipolar patients are known to spend money while manic. If this would hurt your case more than help it, ignore the suggestion.

2. Who "claimed" personality disorder? In your thread it states ".....(claimed as psychotic disorder, delusional disorder, depressive disorder, and personality disorder)...." I'm confused by that. I know bipolar symptoms overlap with other mental illness but am unclear on who claimed what and how it got evaluated as "bipolar I disorder with psychosis consisting of paranoid delusion and both auditory

and visual hallucinations, with sleep disturbances". What was your original claim for?

3. WOW!!! Original claim submitted June 14, 2007 with original Decision August 1, 2007 - you gotta be a OEF vet or live in some other twighlight zone than the one I live in w/ the VA, that's less than 2 months for an original Decision and they awarded 100% out of the shoot - it took them over a year to give me my first Decision and then it was a denial because they ignored evidence (letters from the shrinks who treated me on active duty - one of them was still in the Army and they still ignored the evidence in the first round though they did acknowledge it after I sent in an NOD).

Good luck w/ your claim. Keep us posted on your progress.

Thanks,

TS

Edited February 17, 2008 by tssnave

[Nekoiinu]

well, the funny thing about the bi polar is that the VA doctor pulled that out of his butt. There is nothing in my service records about bi polar, I was never treated for bi polar. My origianal diagnosis from my doctor is delusional disorder with paranoia. But in my C&P the doctor kept saying bi polar.

I have prepared a letter for the VA. In it I state my bills, what they are, how much they are and that I pay them. The thing is that I am not incompetent. I can see how some other doctor picking up my file could maybe see that without talking to me. That is why I am trying to get a way for them to give me a meeting or hearing. I am quite sure that if they were to talk to me they would see things differently. I am even prepared for them to lower it.

Another complication for me is that I live in Mexico with my girlfriend. I dont have a doctor here because I can barly afford to live. I get some money from the ARMY because I am on the TDRL. But when it is all said and done I have about $250 for everything after taxes and bills. It seems strange to me that they can say that I am incompetent after I can take abot $650 a month and take care of everything.

I am a bit concerned because as you see there is no actual notification in the letter saying that I have 65 days to repsond. I am afraid of jumping the gun and maybe making things worse. I am trying to keep the stress down and under control so I do not make a hasty decision.

Thanks a lot for all of the information so far. If there is more that people have to say please keep posting. This is not just form me, but for others looking for information. Especially new people coming into the system because of the war.I think that this may become more common with time.

[entropent]

TS, if NEKOIINU is newly discharged from the military and on TDRL, then there is zero chance that permanency will be conceded at this time.

NEKOIINU, since you are not seeing a medical provider, the statement of your C&P examiner, who apparently provided a medical opinion that you are not competent to manage your VA benefits, will prevail. You need another medical opinion to challenge it, a letter from you citing your bills will not do it, because the rater is required to follow the prevailing medical opinion.

If you are in Mexico and not under care this is a real problem. Bipolar (or delusional disorder with paranoia, if you prefer) is a serious condition and requires medication. You need to see someone. You are willing to report to the Regional Office for a hearing, so why not report to the VA hospital for treatment? And that way you can get a competing medical opinion for your incompetency.

Edited February 18, 2008 by entropent

[entropent]

(disregard second post, I posted the same message twice by accident)

Edited February 18, 2008 by entropent