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.

[Berta]

C file- write to your VARO and request a copy of it-

For med rec copies- write to the Records Access Officer of your VAMC.

(who is probably their FOIA officer too)

For Copies of C & P exam results- the Records Access officer where you got the C & P should be able to get them upon written request from you.

All of these records-you already have the right to get-

I dont suggest using the FOIA (Freedom of Information Act) to get them as that seems to hold them up-

[tssnave]

Picca,

Hang in there. Don't worry about the civilian shrink not wanting to help. I had to talk to literally 5 local shrinks before I could even find one who would give me a referral to another local shrink who was willing to write my IMO (Independent Medical Opinion). He has written IMOs for SS claims so he was familiar in a general sense with what I needed and was very willing to review the VA's Mental Disorder's C&P Exam Worksheet and write it loosely in that format so the VA would have all the information they needed.

Just pull out your phone book or do a google search on psycholgist and the name of your city and you'll get some hits. My shrink advertises on the Psycology Today website though I found him, as I said, through another local shrink. Tell them you need an evaluation and report for mental competency for the VA and ask them if they have experience with either VA or SS claims. Somebody somewhere close by will either help you out or, like my case, knows the shrink in town who does that type of IMO work.

Now, for your IMO to hold weight with the VA and be suitable for rating, your IMO shrink needs to review your entire C-file (which, BTW, is short for claims file and has all the documents about your claim in it that the VA has reviewed to rate your claim). Therefore, it is imperative that you get your C-file BEFORE you get your IMO done.

Do you have a vet rep? I used the DAV in the VA Regional Office (sometimes called the VARO or RO) and they were very helpful with me in getting my c-file. Vet reps are a mixed lot and some are good and very helpful and others not so much so but for something as simple as getting your c-file and helping you understand what needs to be stated for a competency review, I suggest you consider working with a vet rep who is physically located inside the VARO. I never talked face to face with my vet reps (went through several of them during the years of my claim) just called them up to talk.

Since you are already 100% P&T and not fighting your rating, just whether or not you are competent, then your report may be limited in scope which should cost you far less than a complete mental assessment IMO suitable for rating.

Here's what the VA Mental Disorders Worksheet has to say about competency and you IMO should address the competency issue from this perspective:

CAPACITY TO MANAGE FINANCIAL AFFAIRS Mental competency, for VA benefits purposes, refers only to the ability of the veteran to manage VA benefit payments in his or her own best interest, and not to any other subject. Mental incompetence, for VA benefits purposes, means that the veteran, because of injury or disease, is not capable of managing benefit payments in his or her best interest. In order to assist raters in making a legal determination as to competency, please address the following:

What is the impact of injury or disease on the veteran's ability to manage his or her financial affairs, including consideration of such things as knowing the amount of his or her VA benefit payment, knowing the amounts and types of bills owed monthly, and handling the payment prudently? Does the veteran handle the money and pay the bills?

Based on your examination, do you believe that the veteran is capable of managing his or her financial affairs? Please provide examples to support your conclusion.

If you believe a Social Work Service assessment is needed before you can give your opinion on the veteran's ability to manage his or her financial affairs, please explain why.

God Bless,

TS

Edited March 12, 2008 by tssnave

[picatta 2]

Picca,

Hang in there. Don't worry about the civilian shrink not wanting to help. I had to talk to literally 5 local shrinks before I could even find one who would give me a referral to another local shrink who was willing to write my IMO (Independent Medical Opinion). He has written IMOs for SS claims so he was familiar in a general sense with what I needed and was very willing to review the VA's Mental Disorder's C&P Exam Worksheet and write it loosely in that format so the VA would have all the information they needed.

Just pull out your phone book or do a google search on psycholgist and the name of your city and you'll get some hits. My shrink advertises on the Psycology Today website though I found him, as I said, through another local shrink. Tell them you need an evaluation and report for mental competency for the VA and ask them if they have experience with either VA or SS claims. Somebody somewhere close by will either help you out or, like my case, knows the shrink in town who does that type of IMO work.

Now, for your IMO to hold weight with the VA and be suitable for rating, your IMO shrink needs to review your entire C-file (which, BTW, is short for claims file and has all the documents about your claim in it that the VA has reviewed to rate your claim). Therefore, it is imperative that you get your C-file BEFORE you get your IMO done.

Do you have a vet rep? I used the DAV in the VA Regional Office (sometimes called the VARO or RO) and they were very helpful with me in getting my c-file. Vet reps are a mixed lot and some are good and very helpful and others not so much so but for something as simple as getting your c-file and helping you understand what needs to be stated for a competency review, I suggest you consider working with a vet rep who is physically located inside the VARO. I never talked face to face with my vet reps (went through several of them during the years of my claim) just called them up to talk.

Since you are already 100% P&T and not fighting your rating, just whether or not you are competent, then your report may be limited in scope which should cost you far less than a complete mental assessment IMO suitable for rating.

Here's what the VA Mental Disorders Worksheet has to say about competency and you IMO should address the competency issue from this perspective:

CAPACITY TO MANAGE FINANCIAL AFFAIRS Mental competency, for VA benefits purposes, refers only to the ability of the veteran to manage VA benefit payments in his or her own best interest, and not to any other subject. Mental incompetence, for VA benefits purposes, means that the veteran, because of injury or disease, is not capable of managing benefit payments in his or her best interest. In order to assist raters in making a legal determination as to competency, please address the following:

What is the impact of injury or disease on the veteran's ability to manage his or her financial affairs, including consideration of such things as knowing the amount of his or her VA benefit payment, knowing the amounts and types of bills owed monthly, and handling the payment prudently? Does the veteran handle the money and pay the bills?

Based on your examination, do you believe that the veteran is capable of managing his or her financial affairs? Please provide examples to support your conclusion.

If you believe a Social Work Service assessment is needed before you can give your opinion on the veteran's ability to manage his or her financial affairs, please explain why.

God Bless,

TS

Thank You TS

I am going to my VAMO next week and I am useing this week to try and find the right forms so I can hand deleiver the requests for my three files a one of the girls told me to get. I am going to make the person who I resquest the form

sign for them on a second copy so they can not not say never received a request. I have been very busy this week received GREAT NEWS The CPA is going to go to my hearing with me with the right documents and explain to them That I can managment my money real well. Don't worry I relize that this is only one small peice of the puzzle and withour a letter from the shrink I will still lose in all likelyhood. The CPA also is willing to write a letter to the Dr. with enought stuff to explain how he feels about my money issuses. As no one is able to quess how long before I receive a hearing I have work out a schuled with the Cpa every four months I will spent a hour with him going over my budget and spending so that I will stay on track. My son is trying to kill himself if he does I will problely have problems with spending. Enough of that. God and the VA will just have to get his head straight. By the way he is 39 years old and a vet himself, neat huh he followed in his mothers foot steps and went in the army. I also found a Dr. to see me in the phone book this time it is a man. Ugh. First appointment is end of April so I hope my files come in by then. Well I guess I have done everythink I can for a while so now the fun stuff that keeps me living day to day and mintue to mintue some days. The planing of motorcycle ride during the next ten months.

Again thank you and god bless

Picatta

[tssnave]

Picatta,

Good job! Taking the CPA in w/ you should be a BIG assest to your claim, especially when it is combined with a good IMO.

Enjoy your ride and keep us posted on your progress.

God Bless,

TS

[picatta 2]

Thanks TS

To Everyone I maybe a pain sometime but, I really do listen to what everyone say's and I am learning what to do. I wish I could make everyone who reads this smile even for only a few mintues, Some days a few mintues of happness is all I want.

Picatta

[picatta 2]

Update,

Went to the VA today and request my C-file had small problem but am able to work it out. They did not want to give me my C-file say's it takes about a month to give, but talked nice to the cleck and he is going to have someone do it tomorrow as a favor, due to he took the man who was behind me in line and did not even sign in, I did not say a word until he left about half an hour later. When ask if he could help me and had I sign in I said yes I was ahead of the man who did not sign in thank you. Sometimes it pays to be nice. I asked for my C&P papers also will send me all the old ones but I have to prove new one is closed Fax up request and top copy so I should get everything back in about two weeks. Also med records should be in the package. Then comes the hard work. Thanks again for all the infor.

Picatta