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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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lori

Ptsd 100% P & T Incompetant Veteran

Question

Hello,

My brother was awarded PTSD 100% P & T disability this year. He was diagnosed incompetant in 2002. He is now asking if he can be proven competant to manage his money and not be told how to spend it by VA. Would it affect his rating? Is this possible and if so, can anyone advise how to go about it.

Thanks

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He started out at 50% non service connected disability. He was granted disability pension benefits October 2000. He was also found incompetent in December of 2001 by VA. He was granted 100% Permanent & Total Disability in July 2008. He is still waiting on his Retroactive Payment. I have been taking care of his affairs since 1999. I was appointed Federal Fiduciary in 2002. Now for the new award I must get a surety bond?

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Lori,

I was rated 100% P&T by Scheduler and the examiner at the VAMC did have to place into my C&P that I was competent to manage my own affairs.

You will need to check with his doctor to see if he is competent to manage his own money.

Always,

Betty

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Lori:

You will need to pay for the surety bond with your Brothers money. Trust me it is probably better that you are helping him. As far as getting permission to spend money that should not be to hard as he is going to have a lot of money when he gets his retro.

Do you think that your Brother can manage his money that would go a long way if he requests to handle it himself.

Good Luck

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Lori,

I agree with everyone else. To me,,, the first good news is that he has been rated 100% P&T. With that, even though the condition is PTSD, he can still be "competent" to handle his VA benefits.

Yes, the competent issue can be changed to his favor. Still, you have been caring for his funds since 1999. As the others say, the doctor can write a letter and You will have a big part in supporting the decision of your brothers ability to handle the benefit.

With that said,,, do you actually believe your brother to be capable of handling his VA benefits?

In this case, I believe it important to evaluate why he was rated incompetent (there is a process the VA goes through in making such decision). Further, try to see why his providers felt him to be incompetent at the time. As stated above, they can write a letter but before they do, they may set a time to monitor him and they would ask for your input. To his providers, your input carries a lot of weight (since you are with him, etc.)

Thus bringing back the main question,,, do you actually believe your brother is capable to handle his VA benefits?

Okay, I wish you well,,,

Tayo

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I, also have been recently rated as incompetent. I have not yet received my grant yet but expect it any day. Do I have to wait to get a fidicary or will they give me my money when I am approved? Should I appeal this right away or will the process hold up my money or should I appeal it later? I have so many questions what ever info anyone could give me would be appreciated. Thank you Bonnie

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