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100% Ptsd With Incompetence Proposed

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picatta 2

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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.

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This was my third hearing for ptsd. Came out of know where that they wanted a incompetence proposal but we all know the VA. I will keep getting my check until after the end of the hearings that I have asked for. If at that time I can not show I am able to handle my affairs to their liking I will have to have someone handle them for me. I really need to know how long before I might expect a hearing on a matter like this. If given time I can go out of pocket for a private DR. for a few months until I can prove to him or in my case a her that I can handle my money. I am now going to have a CPA look into my money and spending and give me advice on what to do and how to do it better. I think I am doing very well but who knows maybe he can show me how so that when I go to the next hearing I will have him on my side. You see my State just 6 months ago let my Doc go because he was private, and they set up a VA run clinc near me, then they set me up with a nurse practioner. She was then moved to another clinc, then they brought in a retired Dr. they had to let him go because they could not get him ins. O'kay now another Dr. but only get to see her for one time because they are now changing Dr. again. Talk about getting rape by the system. I am even being taken away from my therpist who I have seen for 6+ years because they are bring in new Drs for this new clinc. Who can write me a letter when they do not know me? I just keep on telling myself that it is just bad timing for me. Next year I hope to look back and laugh at this mess. I tryed to see the Phsy Dr from my therpist group who the VA pay to see me. That was a joke here go away and take this meds. I have not taken meds in years for PTSD due to allergys, Why now? Keep writting please as I have no one to talk to about this right now, if I tell my kids they will all try to be my gaurden so they can spend my money. The kids are all behind in their bills, with bad credit I must win this so I can keep taking care of myself.

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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.

I do my own shopping only once or twice a month. I am active in my motorcycle club Love to ride I am over weight so I guess you can say I eat mostly due to stress. This is sure helping the waist line. Do not like people if I can go without seeing new people that's great. The motorcycle club and Harley shop has help to make it easier to be in a room with a stange man cause they have shown me not every man is a rapist or worst. Thank you I have now learned how to answered someone on this site Thanks again

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Here's my opinion:

I agree that getting a private shrink to write a competency report would be worthwhile also your regular doctor. You need evidence to win your argument for competency and your own personal opinion will not trump that of the VA's shrink(s). You have to have your own shrink say you are competent to have the evidence in equipose if the VA says you're not competent. Having your own shrink and your regular doctor saying you're competent will give you 2 pieces of evidence in case the second VA shrink says you're not - then you'd have 2 saying yes you are competent and 2 saying you aren't and, according to VA regulations, when the evidence is in equipose the tie goes to the veteran (this assumes that the VA accepts and evaluates and weighs your evidence properly).

As far as the CPA, that's a good idea as well, in ADDITION to, but not in lieu of, the private shrink and doc's report. The CPA can verify that she has seen your credit report and bank statements and that you manage your financial affairs just fine.

Your personal statement is also evidence but again, I would want to fight the VA shrink's report with a private shrink's report so you stand a better chance of having your evidence weighted equal to the VA's evidence and prevailing.

That's how I would play it if it were me (and it could be one day, I'm a psych vet).

Welcome to hadit. Lucky for many of us, perfect spelling, grammar, and punctuation are not required. I will pray for your situation, unless you let me know you'd prefer I didn't (and if I forget, please forgive me - sometimes my mind is toast).

Good luck with your claim and please keep us posted on your progress.

Thanks,

TS Snave

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  • HadIt.com Elder

Picatta, Welcome to Hadit and we have you on the radar. Now I'd rather think most of us here at Hadit serve one another and ourselves by asking or answering questions. Usually one thing leads to another; in fact, er, that reminds me of the saying 'speaking of leading of a horse to water', well, I'd better go for now! God Bless and best to ya! cg

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Here's my opinion:

I agree that getting a private shrink to write a competency report would be worthwhile also your regular doctor. You need evidence to win your argument for competency and your own personal opinion will not trump that of the VA's shrink(s). You have to have your own shrink say you are competent to have the evidence in equipose if the VA says you're not competent. Having your own shrink and your regular doctor saying you're competent will give you 2 pieces of evidence in case the second VA shrink says you're not - then you'd have 2 saying yes you are competent and 2 saying you aren't and, according to VA regulations, when the evidence is in equipose the tie goes to the veteran (this assumes that the VA accepts and evaluates and weighs your evidence properly).

As far as the CPA, that's a good idea as well, in ADDITION to, but not in lieu of, the private shrink and doc's report. The CPA can verify that she has seen your credit report and bank statements and that you manage your financial affairs just fine.

Your personal statement is also evidence but again, I would want to fight the VA shrink's report with a private shrink's report so you stand a better chance of having your evidence weighted equal to the VA's evidence and prevailing.

That's how I would play it if it were me (and it could be one day, I'm a psych vet).

Welcome to hadit. Lucky for many of us, perfect spelling, grammar, and punctuation are not required. I will pray for your situation, unless you let me know you'd prefer I didn't (and if I forget, please forgive me - sometimes my mind is toast).

Good luck with your claim and please keep us posted on your progress.

Thanks,

TS Snave

Thank you for helping and prayers are always welcome. I have appontment with cpa monday but the Shrink is in July. I just hope I have the time. God Bless

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This was my third hearing for ptsd.

Came out of know where that they wanted a incompetence proposal but we all know the VA.

I will keep getting my check until after the end of the hearings that I have asked for.

Third hearing for PTSD? Why, why so many hearings?

What hearings have you asked for and why?

This post got me thinking, there is a follow up C&P for PTSD. I had the initial PTSD C&P and got the award, but

when will I have a follow up C&P?

And is it only one?

How does my P&T fit into it?

these are the Exams: Post-Traumatic Stress Disorder: Initial, Review and Mental

Edited by BETRAYED
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