ptsd 100% Ptsd With Incompetence Proposed

[picatta 2]

Please HELP,

on 1-31-08 I was written a letter stating 100% permanent PTSD that is great now they hit me with incompetence proposed. with the hearing Dr. stating I can not handle my funds, I got together with the dav service rep. put in a hearing request. Service reps say's I lose if I do not get a phys Dr to write letter stating I can handle my funds. I pay all bills on time even over pay them so I can have them paid off in half the time have money in the bank good credit score what more do I have to do. I do not see a phys dr just a theipist Help. Also how long has it taken for the hearing I still get my money as I was already receiving it before this last hearing. What is the hearing like is it at court do I need a laywer? I am so scared I will do the wrong thing. I am almost afriad to spend any money on anything. If I give a family member one of my kids money will that be thought as not spending my money right? He is losing his home he is the one not taking care of bussness. Sorry I can not spell very well.

[Pete53]

Welcome to Hadit:

If you can show that you are paying your bills on time you should have no problem getting it changed. Unfortunately it can take a little time to resolve this so you will have to wait for your money. I am going to guess that they will actually send someone out to see you and review your home situation.

Or you can make copies of your last 3 months bank statements and copies of your bills that show the payments were made on time and submit them along with a statement that you disagree with the finding for incompetency and that you are able to manage your own funds and pay your bills timely and not overdraw your bank accopunt and use your funds responsibly.

Good Luck

[Berta]

"Service reps say's I lose if I do not get a phys Dr to write letter stating I can handle my funds

He has a point-

You can appeal this-

I actually believe this incompetence finding can prevent them from messing around with your rating in the future-BUT

having said that-

the VA letter must have given you some rights as to disagreeing with the decision-is that how you got the hearing set up?

SSA said my husband was incompetet but VA said he was competent-figure that-SSA said he could appeal that but he said no-he liked it-

I fully believe that the VA will have to keep sending you the comp checks until the hearing and they might withdraw this idea anyhow.

It is a protection and this does protect veterans in many cases- if you feel they are wrong by all means tell them why at the hearing.

"I pay all bills on time even over pay them so I can have them paid off in half the time have money in the bank good credit score what more do I have to do. I do not see a phys dr just a theipist Help. Also how long has it taken for"

Bring that proof to the hearing about paying your bills on time- you might even want to get your credit score printed out on line too-and bring that with you.

PTSD does NOT make a vet incompetent-they have to have a full medical rationale for that declaration and it sounds like they dont have a leg to stand on.

The only real bill we were worried about here when Rod had a CVA was a small student loan- a few hundred bucks-

the student loan people called here relentlessly upsetting him-

he was told-correctly that if he continued payment after his totally disabling stroke- they would continue to badger him so he didnt want me to pay them-

I got a form from the Student Loan office that his VA doc signed- the student loan people had to write off the balance due to P & T disability-

My long point here is he was glad when they called him after the SSA declaration-to tell them not to get tough with him because he was certifed crazy with PTSD, had significant brain damage from the CVA and the SSA said he was incompetent too-and then he played dumb when they asked for a payment.

You have every right to fight this and every right, as a PTSD vet, to be considered competent.

Raise the issue if needed that your closest relative would be profoundly inapropriate to handle what your credit records show that you can handle.

And dont let this stress you up too much-

The BVA web site has cases where the vet fought this- I dont think your case will get that far.

http://www.va.gov/vetapp07/files2/0711076.txt

Vet was incompetent by medical evidence.

http://www.va.gov/vetapp07/files1/0701635.txt

Veterans IS competent by medical evidence.

[picatta 2]

Thank you both for answering me. By starting my own question I have now started to understand how this works. I had looked at other letters but could not follow what was being said. When you have never been on any websites like this it is hard to follow. I have not even done instance messageing due to my bad spelling. Thank you all for helping me with any other answeres that are out there waiting to be posted in the furture.

[Pete53]

Picatta:

As you post you will find that it gets easier the more you do it. Its looks complicated but soon you will whiz on by.

Just don't give up

[Berta]

I sure hope they dont stop your comp

and I hope others will chime in here-

"i. Original Claims. If evidence of record in an original claim supports a conclusion of incompetency, the rating activity will rate the case but defer the issue of incompetency. The case is then referred to authorization to give the claimant notice of the proposed incompetency determination and an opportunity to present evidence to show that such a determination should not be made. At the end of the control period or after a hearing and receipt of evidence developed through the hearing, whichever is later, refer the case to the rating activity for a final decision on the competency issue. Do not award benefits until the incompetency issue is resolved"

from:http://209.85.207.104/search?q=cache:3gZIjR4ualUJ:www.warms.vba.va.gov/admin21/m21_1/part4/ch09.doc+M21-1+proposed+incompetency&hl=en&ct=clnk&cd=1&gl=us&ie=UTF-8

That is on original claims and a friend of mine had to wait months for his retro in his wifes name- almost 1/4 a mill

does anyone know if this vet can still expect his comp? dont they to at least send it before any negative hearing findings-

I just got Press release from VA that Homeless vet population is lower than ever- I think maybe because some of them died-my opinion only- but my point is the VA could be setting this vet up to even become homeless if they hold back his comp waiting for a payee or to still send it to him anyhow after all this-

Picatta your spelling is fine

I think you should write a letter to your COngressman or woman and to your State Senators- or maybe to the main newspaper where the VARO is--just a letter asking for their help if the VA finds you incompetent-

then again what medical evidence did they say for their suggested incompetent proposal?

And wont your doctor be willing to write them a letter saying you are competent?

Do you get SSA disability too and did the SSA say you were competent?

If you dont receive SSA disability I suggest that you apply for SSA benefits too.

This is awful-

but Congrats on the award veteran-you did good there-

just like looking into a bakery window full of nice goodies and yet the sign on the door says closed for a year.

[Nekoiinu]

I myself also got 100% with proposed incompetency. I was told that I will have a competency C&P. Then from there they will make a decision. Then from there depending on the decision I would take action. It kind sounds like that happened to you. You must have disagreed with a decision. As far as the hearing is concerned, remember that the whole thing is not based on the money. You really just need to show that you can make good decisiones dispite your affliction. So, just because you stay in your house 23 of 24 hours a day does not mean that you dont know how to do things. You need to show that you still eat, bathe, pay bills, wear clean clothes, know what day of the week it is, what year it is, know that a gallon of milk does not cost $400...things like that. Your representative will know how to help you, but remember for yourself that your job in the proceeding will be to show them that although you present certain symptoms of an ailment that does not make you an idiot. Being afraid does not make you not able to make proper decisions. Also try to show them that you are capable of seeing bith sides. Example...Although I believe that it is not safe to go outside, I know there are things I must do. Although I struggle with leaving the house, with a set plan I can get my mail and buy food from the store. What you are doing is saying that there is a problem with leaving the house, but you can see through it all and take care of some things. Unless it is true that you cannot do anything, you dont want these people to think that you hide under the bed not eating, not paying bills, and not being able to make sure that you are safe. They take this seriously. I think you will be just fine if you take the time to present the things you can do, and the strategies that you have developed to make yourself somewhat able to live life somehow. I hope this helped.