" 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]

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.

(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 ((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]

Carlie,

I will go one more time. Thank goodness, our main checking account is in both our names.

I just happen to remember the Paypal acccount is solely mine.

I guess I could just go print out all my purchases on ebay for the last two years.

I did send T-bird a couple of contributions using the Paypal account also.

I guess this would help.

Thanks,

Betty

[Pete53]

I would hazard to say that anyone who whipped the VA as bad as our Betty did could be called a lot of things but not incompetent. I would reserve the description of incompetent to the people who work for the VA who mishandled this claim for so long.

[donews]

Oh gosh no!

If you let them know you contributed to Hadit, they will label you incompetent for sure.

[RSG]

These freakin jerks make me damn angry. I know I'll be going thru the same issues.But I gurantee the VA will not forget who I am.

Ron G.

[free_spirit_etc]

Yep. It is either for the vets protection or another ploy to see if they can keep the money til the vet dies.

and actually, in Betty's case - they might be trying to make sure they cover ALL the bases (finally). Probably afraid that if they pay her the retro without checking it out - she will go to the BVA with another battle, tell the BVA that she was incompetent and spent all her money, and the BVA will order them to pay her AGAIN - lololololol

Free

(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)

[free_spirit_etc]

If they have you go, you might want to contact the congressman who has been helping you - and ask the congressman to request that your husband be allowed to attend the C&P with you. That way, you will less likely to be stuck with whatever power game they want to pull when you get there.

Free

Carlie,

I will go one more time. Thank goodness, our main checking account is in both our names.

I just happen to remember the Paypal acccount is solely mine.

I guess I could just go print out all my purchases on ebay for the last two years.

I did send T-bird a couple of contributions using the Paypal account also.

I guess this would help.

Thanks,

Betty