" Rater" Going Crazy With My File From Bva?

[Josephine]

Well stupid is as stupid does. That is me!

Just got off the telephone with my rep.

He has finally, " according to him" been allowed to see my file

"as it is being rated".

Said the Rater just may send me for another C&P for rating purposes.

I will absolutely not go for another C&P.

I will give it all up first. I will not go in that place for a third time in 4 years.

The Judge just made his decision from the BVA March 8, 2008.

Can the VA do this to me ?

He said with the GAF of 40

those two quack psychiatrist gave me

I may be declared " Incompetent."

What can they do to me next because of this retro?

I can't take anymore.

Betty

Edited April 1, 2008 by Josephine

[Josephine]

Surely they won't send you back to THOSE two.

It sounds like it could be a safety check. They are going to be paying a HUGE amount of retro - so if there is a any question as to your compentency - and they don't check it out - and they send a huge amount - and you "mismanaged it" - they might be afraid of their own liability.

However, your reports talk about ANXIETY - and the competency should only cover your ability to handle your finances. Your record doesn't reflect ANY question of competency in how you handle your finances.

If they are basing this on your GAF score for the quacks -Perhaps your VSO could point out to them that of ALL the doctors the BVA found to be credible - it was NOT them.

Without any other doctors questioning your compentancy to handle your financial affairs - they quacks who were NOT found to be credible - THEIR opinion on your competency level should not even be given ANY weight in this matter.

And watch out for a ploy in trying to push you into "proving " your competency - so they can use the back door to rate you at less than 100 percent.

Keep your eye on - Yes, I have crippling anxiety - and I can manage my money just fine, thank you. Tell them you are too busy to go to a C&P, as your schedule is a bit full with your meetings with your stock brokers.

Free

Free,

You are a " Character". So true, the BVA Judge knocked those two quacks off

their high horse.

No doubt, if they send me again, they will have to rate me highter than the 100% already established.

If they send me a huge amount of money, I am afraid they are wanting to spend it for me.

If they so choose to give it to my husband, it belongs to him anyway, for I have never

made enough money in my life time to buy a " SETTING HEN".

Always,

Betty

[free_spirit_etc]

http://www.vba.va.gov/bln/21/benefits/exams/disexm37.htm

D. Diagnostic Tests:

Provide psychological testing if deemed necessary.

If testing is requested, the results must be reported and considered in arriving at the diagnosis.

Provide any specific evaluation information required by the rating board or on BVA Remand (in claims folder).

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.

Free,

You are a " Character". So true, the BVA Judge knocked those two quacks off

their high horse.

No doubt, if they send me again, they will have to rate me highter than the 100% already established.

If they send me a huge amount of money, I am afraid they are wanting to spend it for me.

If they so choose to give it to my husband, it belongs to him anyway, for I have never

made enough money in my life time to buy a " SETTING HEN".

Always,

Betty

[Josephine]

http://www.vba.va.gov/bln/21/benefits/exams/disexm37.htm

D. Diagnostic Tests:

Provide psychological testing if deemed necessary.

If testing is requested, the results must be reported and considered in arriving at the diagnosis.

Provide any specific evaluation information required by the rating board or on BVA Remand (in claims folder).

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.

Free,

I will not agree to another C&P to see if I do indeed have Chronic Anxiety. Dr. Muller stated it. Dr. Lehmann and Dr. Bader stated it and Dr. Payne and now Dr. Crowley. Each one of them used the word Chronic only Dr. Crowley added Chronic Severe.

How much more do they want from doctors.

This is one thing every doctor that I have seen is in agreement with. Just Lehmann and Bader started the Personality Disorder thing.

Even the Judge from the BVA stated Service Connection granted for " Chronic Anxiety".

I must have some rights. Don't I?

I will try to let this one rest.

I have never worked, never had any income and have no bills in my name. Everything is in my husbands name. I have enought sense to know how to write a check.

Thanks,

Betty

[carlie]

Betty,

Chill out, and if they say go to a C&P ---GO !

Evidence you may want to take:

If you have a record's, in your name of bills and payments made

that are favorable, gather them, also bank statements that do not

show bounced checks or insufficient funds.

jmho,

carlie

http://ecfr.gpoaccess.gov/cgi/t/text/text-...145&idno=38

3.353 Determinations of incompetency and competency.(a) Definition of mental incompetency. A mentally incompetent person is one who because of injury or disease lacks the mental capacity to contract or to manage his or her own affairs, including disbursement of funds without limitation.

(b) Authority. (1) Rating agencies have sole authority to make official determinations of competency and incompetency for purposes of: insurance (38 U.S.C. 1922), and, subject to §13.56 of this chapter, disbursement of benefits. Such determinations are final and binding on field stations for these purposes.

(2) Where the beneficiary is rated incompetent, the Veterans Service Center Manager will develop information as to the beneficiary's social, economic and industrial adjustment; appoint (or recommend appointment of) a fiduciary as provided in §13.55 of this chapter; select a method of disbursing payment as provided in §13.56 of this chapter, or in the case of a married beneficiary, appoint the beneficiary's spouse to receive payments as provided in §13.57 of this chapter; and authorize disbursement of the benefit.

(3) If in the course of fulfilling the responsibilities assigned in paragraph (b)(2) the Veterans Service Center Manager develops evidence indicating that the beneficiary may be capable of administering the funds payable without limitation, he or she will refer that evidence to the rating agency with a statement as to his or her findings. The rating agency will consider this evidence, together with all other evidence of record, to determine whether its prior determination of incompetency should remain in effect. Reexamination may be requested as provided in §3.327(a) if necessary to properly evaluate the beneficiary's mental capacity to contract or manage his or her own affairs.

© Medical opinion. Unless the medical evidence is clear, convincing and leaves no doubt as to the person's incompetency, the rating agency will make no determination of incompetency without a definite expression regarding the question by the responsible medical authorities. Considerations of medical opinions will be in accordance with the principles in paragraph (a) of this section. Determinations relative to incompetency should be based upon all evidence of record and there should be a consistent relationship between the percentage of disability, facts relating to commitment or hospitalization and the holding of incompetency.

(d) Presumption in favor of competency. Where reasonable doubt arises regarding a beneficiary's mental capacity to contract or to manage his or her own affairs, including the disbursement of funds without limitation, such doubt will be resolved in favor of competency (see §3.102 on reasonable doubt).

(e) Due process. Whenever it is proposed to make an incompetency determination, the beneficiary will be notified of the proposed action and of the right to a hearing as provided in §3.103. Such notice is not necessary if the beneficiary has been declared incompetent by a court of competent jurisdiction or if a guardian has been appointed for the beneficiary based upon a court finding of incompetency. If a hearing is requested it must be held prior to a rating decision of incompetency. Failure or refusal of the beneficiary after proper notice to request or cooperate in such a hearing will not preclude a rating decision based on the evidence of record.

(Authority: 38 U.S.C. 501(a))

[36 FR 19020, Sept. 25, 1971, and 40 FR 1241, Jan. 7, 1975, as amended at 42 FR 2069, Jan. 10, 1977; 58 FR 37856, July 14, 1993; 60 FR 55792, Nov. 3, 1995; 66 FR 48560, Sept. 21, 2001; 67 FR 46868, July 17, 2002; 68 FR 34542, June 10, 2003]

[free_spirit_etc]

Yep. I certainly see your point. And I actually don't think they have a legit reason to send you to another one.

I was pointing out where it says the level of compentency is NOT to address any restrictions in any area of your life or functioning EXCEPT in the handling of finances. Just as your med records showed NO personality disorder - your records do NOT bring into question ANY problems with managing finances. Years and years of med records - with discussion of anxiety - but NO mention of inablity to handle your funds.

You did not recently become disabled. You have been disabled for YEARS. Finanical management has NEVER been part of your disability. There is NO justification (except to cover their ___, or drag things out) for them to question your ability to manage your finances based on a GAF score that was given by doctors who were not found to be credible.

If they try to make you go - ask if the TV crews will be allowed in early to set up their equipment.

You really should write a book (and it might pay quicker....)

Free

Free,

I will not agree to another C&P to see if I do indeed have Chronic Anxiety. Dr. Muller stated it. Dr. Lehmann and Dr. Bader stated it and Dr. Payne and now Dr. Crowley. Each one of them used the word Chronic only Dr. Crowley added Chronic Severe.

How much more do they want from doctors.

This is one thing every doctor that I have seen is in agreement with. Just Lehmann and Bader started the Personality Disorder thing.

Even the Judge from the BVA stated Service Connection granted for " Chronic Anxiety".

I must have some rights. Don't I?

I will try to let this one rest.

I have never worked, never had any income and have no bills in my name. Everything is in my husbands name. I have enought sense to know how to write a check.

Thanks,

Betty

[Berta]

Josephine- Free spirit is right-

this is a protection for the veteran- and I know 2 vets who were glad they could make their wife the beneficiary as they did agree they were incompetent-

BUT you arent!

And even if you said 'OK- let them declare me incompent-and send the check in my husband's name-'

that took a friend of mine- 4-5 months after he was awarded 100% to see his cash in his wife's name-!

WHY should you wait that long-

Dr Crowley could write a letter in a heartbeat (hope he will) to stop this nonsense.

This is ludicrous but you WILL get that retro no matter what they try to pull----

You did succeed in your claim! That is something they cant take away.And you never gave up!

(Does the VA have a secret interest bearing account for all the retro they hold back from vets? I must sound nuts saying that but I cannot understand what is in it for the VA to pull this stuff--

wait--- -of course I know-

if the vet dies waiting- then their spouse will have to file for accrued and DIC etc- and that could take years more, and the spouse themselves could also die waiting-

and the VA has saved LOTS of money)