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]

Picatta -GOOD for you!!!! you are doing all you can to reverse this incompetency bull crap.

In some cases- with some vets I know personally the incompetency designation was the best thing for them-

In MOST cases however-the VA should not even make this an issue.

[timetowinarace]

Your SO is correct, you need a psych doc to say you are competent to handle your funds. The VARO has proposed incompetent because a doc stated you cannot handle your funds.

I doubt a CPA will help much unless you give a statement from him/her to a doc. Then the doc can use that to determine competency. The reason I believe this is because my VA fiduciary councilor wrote a statement that I am competent and asked the rater to re-open my case. He is the one that visits with the veteran and fiduciary, discusses financial situation and sets goals. I had a C&P for this issue in wich the examiner stated that because of memory problems due to my TBI I was not competent to handle my funds. No matter that the VA's own councilor says I'm competent, the fact that I'm in good shape financialy within my means, and that I handle the funds for a non-profit group, the C&P docs opinion that I might forget to pay a bill was the deciding factor.

The proccess for competancy determination is the same as any claim. The VA proposes a finding of not competent then gives you time to dispute the proposal, provide evidence, and a C&P is likely. As with any claim, more weight will be applied to medical evidence.

I believe you will be found competent simply because the next C&P (I'm sure you'll have one) will be about competancy and you will be given the chance to show the examiner that you are aware of your financial situation and in control. It really is that simple. I think you can relax a little but stay proactive. I don't think I'd spend the money on a CPA though. Show a doc your credit score. It could be better than theirs. My case is different because I DO have measurable memory problems and did not fight the issue much. My funds go into the same account it did before, direct deposit, so there has been no change and because the councilor feels I am competent he does not dictate spending or savings goals. There is also the added security that future rating re-evaluations are unlikely.

Time