Berta

[gdsnide]

Berta,

I find out now I'm included in the group that may have had their paper work Shredded where I appointed my Wife as my Guardian

So, I get a letter from the RO that they have me as incompetent at the RO

I have a year to contest this but may have come up with an idea

This Doctor said "I need help 24 hours a day.

If this be the case "Donn't you think I would rate a higher rate than L-1"

I intend on having my wife as my Fuidicary but it would be sort of impossible for her to be with me 24 hours a day unless we were Siamese Twins.

What I wish to get across to the VA is that I may have to pay other people to take me places or what ever.

If U agree with this give me an idea on how to write it up as I am going to the RO tomorrow & at present they have me throughly pissed so I want to make sure I write it up correctly.

Also, what form does that have to be on?

Do you think it would be pushing it to much to tell them I think R-2 would be more the correct rate?

If the RO denys it (HA) I can always appeal to the BVA.

Sincerly,

GARY

I was thinking about contesting what the VA Doc wrote about me but don't think I can get out of having a Fuidicary.

Thanks as always

GARY

[Berta]

Gary-I think that often having a fiduciary would protect a vet from having the VA mess around with their rating before they can reach 10 year point.

As to the R ratings-

You have L-1 now- and Rich is the expert here on SMC-

R-1 depends on receiving the maximum rate under the "O" award and also meeting the basic requirements for regular A & A.

As I understand this -it means once a vet gets to SMC "O" and is entitled to "L" then R-1 could kick in if the medical evidence warrants it.

R-2 means the vet needs a higher level of care (Special A and A Benefits)

as described within 38 CFR 3.352(:P (2)

The VBM makes this point about this Special A & A award-R-2- the veteran needs for this level are clearly established by medical evidence and the amount of services (under supervision of licenced health care provider)are required by the veteran on a daily basis and that the need is substantial.

If you search the BVA for R-1 and R-2 cases there would be more info as to how the VA makes these awards.

[broncovet]

Berta..

I could not help but laff at this. "Incompetent" and "VA" go together like two peas in a pod.

Its too bad the Regional Office doesnt HAVE to have a fiduciary, cuz they need one. Maybe the

RO could keep their jobs by just shredding each others payroll information, instead of the Veterans claims evidence, and just have the C&P doc approve our disabilities online.

[bobbyq]

Berta,

I find out now I'm included in the group that may have had their paper work Shredded where I appointed my Wife as my Guardian

So, I get a letter from the RO that they have me as incompetent at the RO

I have a year to contest this but may have come up with an idea

This Doctor said "I need help 24 hours a day.

If this be the case "Donn't you think I would rate a higher rate than L-1"

I intend on having my wife as my Fuidicary but it would be sort of impossible for her to be with me 24 hours a day unless we were Siamese Twins.

What I wish to get across to the VA is that I may have to pay other people to take me places or what ever.

If U agree with this give me an idea on how to write it up as I am going to the RO tomorrow & at present they have me throughly pissed so I want to make sure I write it up correctly.

Also, what form does that have to be on?

Do you think it would be pushing it to much to tell them I think R-2 would be more the correct rate?

If the RO denys it (HA) I can always appeal to the BVA.

Sincerly,

GARY

I was thinking about contesting what the VA Doc wrote about me but don't think I can get out of having a Fuidicary.

Thanks as always

GARY

I have a question, if a vet is given a fiduciary and xxxx amount of monies are given to him for rent, food, etc. what happens to the rest of the funds. I have a vet who is only given about $50 a week spending money and they pay for the rest of his needs, but I do not know what happens to the other monies of his 100%. He is single and has no family. Just curious

[gdsnide]

Gary-I think that often having a fiduciary would protect a vet from having the VA mess around with their rating before they can reach 10 year point.

As to the R ratings-

You have L-1 now- and Rich is the expert here on SMC-

R-1 depends on receiving the maximum rate under the "O" award and also meeting the basic requirements for regular A & A.

As I understand this -it means once a vet gets to SMC "O" and is entitled to "L" then R-1 could kick in if the medical evidence warrants it.

R-2 means the vet needs a higher level of care (Special A and A Benefits)

as described within 38 CFR 3.352( (2)

The VBM makes this point about this Special A & A award-R-2- the veteran needs for this level are clearly established by medical evidence and the amount of services (under supervision of licenced health care provider)are required by the veteran on a daily basis and that the need is substantial.

If you search the BVA for R-1 and R-2 cases there would be more info as to how the VA makes these awards.

Berta

Since U know 50 times (Or more) about the VA than I then I will follow your advice. Think U told me same answer once before HA

I did get a letter from the VA that they hadn't received any answer from me ( About if I wanted a hearing,etc. & I have them I wanted my Wife as my Fudiciary) & that I had a year to respond but I have already sent them a letter from my Wife & I but they made no reference to this in their letter.

I went to the RO today & was told they were working on my case & that no Fudiciary would be appointed (I told them in my letter I wanted my Wife as such) until a Field Rep came out.

The RO already has me already rated as incompentent they said in a letter I got & the girl down there told me no Fudiciary would be appointed until after a Field Rep came out

Does this sound right to U?

What I am worried about is they made no references to the letters I sent them or it is possible they crossed in the mail.

The idea of a complete stranger handling my money would be to much for me to take as I have a problem with authority figures anyway which caused me a bit of trouble in the Military HA

I have never worked for one person &/or Company over 2 years in my life except for the Military. HA Started my own business.

All replys are welcome & I just put Berta's name on every thing I do as she has been my Mentor since I joined HADIT & am very grateful she has been & feel I am lucky to have meet her even if it is over the net.

Oh ya, BERTA, I think I am rated back to 1997 so I guess that would mean I have 10 years & if so what does that mean having 10 years?

Sincerly,

GARY

One more question HA Isn't that always the case

This field rep that comes out what are they looking for or whatever?

Again................Thank U for all the help over the years

[gdsnide]

I have a question, if a vet is given a fiduciary and xxxx amount of monies are given to him for rent, food, etc. what happens to the rest of the funds. I have a vet who is only given about $50 a week spending money and they pay for the rest of his needs, but I do not know what happens to the other monies of his 100%. He is single and has no family. Just curious

The way I understand it is the person handling the money has to account for all of it. Don't know just what I hear & also have to send paper work to VA

GARY