ptsd Ptsd 100% P & T Incompetant Veteran

[lori]

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

[lori]

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

Do you know who your fiduciary will be? I suggest what they have suggested to me, ask to manage your money. I am not sure if it will hold up your money, but until a fiduciary is in place your money will not be released.

[Pete53]

Lori:

He will get the same amount of money no matter what. The VA has no right to tell him he can't help his parents.

If he has access to a computer he can pay his bills using a Bank Checking Account that will enable him to balance and see what he is doing in real time.

Even if he uses your computer to do it. You could still help him. Just because he has PTSD is not enough to rule him incompetent. He would probably have to take another C&P exam. If he is over 55 not a chance of him losing benefits.

Does he get Social Security?

Good Luck

[lori]

I see, well they told me he can only spend his money on himself. I think it all has to do with the incompetent. His Retro has finally hit the bank, so I think we will continue with the VA's way and if we run into problems, then we will seek competency. He was asking me, you may know, that if he were to pass on, does VA take the money back if any is left in his checking and hold his assets?

Thanks, Lori

[Pete53]

Nope it would go to his heirs but he should have a will.

[lori]

He does have a will but I was reading the VA Code of Ethics check out this link

http://ecfr.gpoaccess.gov/cgi/t/text/text-....28&idno=38

I may have not interpreted it correctly.

[Testvet]

Lori, it's a 2 way street, when I was awarded my 100% P&T for PTSD I asked that my wife be appointed my fidicuary instead they found me to be competent to handle my own funds (how I will never know, bankruptcy, no credit etc) I was a typical down and out vet, my 5th marriage etc, I guess me telling the C&P doc that I wanted my wife to handle the money and I didn't care if they declared me incompetent, made them think I was rational enough to handle it myself.

I still do, it goes direct deposit to the bank every month and my wife spends it, all the bills are paid and we actually have a decent sized savings accounts in a couple of banks, we now have credit cards etc.

All the things I had 30 years ago and lost during my spiral down, we now have a nice home in a great area, and a full pantry and I have a really nice coin collection life is great now if I could just get my health back it would be perfect, I still won't go out shopping until 2 am at Wal Mart or I shop online. I do get out to go to the PX and commissary but I feel comfortable on a military base, mainly because I am a military brat and spent 10 years active duty then 8 years of National Guard duty which also included activation for Gulf War One.

Other than that I don't leave the house, this is my comfort zone, my computer room and my back porch and the pool. I had to get a lawyer to handle my BVA appeal, I have gone thru all of the Service groups and all of their SOs sucked, my wife did a better job of handling the paperwork than they did, but after that last denial of a NOD in July 2007 and they said we could hire lawyers for appeals, I did we go for the BVA hearing on Feb 4, I know feel I have "competent representation" she is an ex JAG lawyer and she is great.

If we win I get SMC S back to Nov 2002 and the house grant and the car grant so there is a lot on the line in this BVA hearing.

It would be easier for your brother is he could get control of his own money and better if he still came to you for help in managing it. He is lucky he has a family member like you, so many of us PTSD vets don't because we have pushed our family away from us during the spiral, most family members don't want anything to do with a 100% PTSD vet, due to the problems they have, usually drunks or addicts, plus the rage issues, your brother is a lucky man thank you for helping him.