Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

Fiduciary Program Not Working.

Rate this question


cherokeeblade

Question

Where to start. For give my writing.

I did not get much schooling I drop in 8th grade. My writing and English skill have all way been poor. there lot of things I did not put into this. because then I have to write a book. So kind of short summery.

In 2004 I was finely award my V.a Benefits After 16 years of pursuit.since 1990 with the V.A. At first I was getting 10% then 30% then 70% , 80% then 100% then another 100% and incompetence.

How ever you add it up it comes up to 210% if you break each claim down and the award. with 5 claims still pending.

OK I was handling my money OK. No problems had good credit history till I was assign a trustee. then all my access was frozen. I lost my house because V.A. refuse to pay on it. Because some law to do with living in one state and owning property in another state and shared land title. Next all my credit cards was pay off and closed. wow Total of less then 1000.00. She pay on one bill twice that my bank had role into my mortgage.

I could not retrieve my cars or property. Could not get funds to move my personal property before the bank foreclose on the property since V.A. refuse to pay on said Property..

So I'm out over $400.000 in personal property lost. 4 Classic mint condition cars. My Personal store front goods from my home business. 16 years of personal stuff even my Family Bible.

I been trying to appeal this Incompetency.

Reason rated incompetent. Nothing in about I could not handle my own funds.

Is because of old Brain injury from service.

I appeal once and nothing happen.

Finely went to my congress man and he look into it and only out come was another trustee and verbal apology sorry that you lost everything.

Lot the problem started when first field officer show up at where I was staying at my Aunt Tina house here in Texas. When he greeted me at the door he was smiling and real friendly. As soon as seen that my Family Members was black when they got home.. His tone changed and the look in his eye was pure hate.. Because I'm Native American who looks I could pass as being white. Boy If I'm white Then there real problem when I was born. My Father Mexican and my Mom Is Cherokee a very mix back ground of blood... and started asking questions.No longer in manner that was before my Aunt and cousins came home. About who handles my finances. I said I do or when I'm out of town my bank does. Or one my family members. Since I'm on the road a lot. Ether because of Church or family or buying something to sell out my home business.

Then he wanted to see my bills and things I own. Problem is I told they was in California. Then he just Quit in mid interview. Said Sorry for trouble I see they all ready assign you a trustee. and left. The man could not have been so quick to leave. Like the Devil was chasing him.

So I try to appeal the incompetency thing. and nothing happen.

Requested my cfile in 2006. See what they base the incompetency off of. Nothing in to fact I was Incompetent do to brain injury.Because Of some MRI scan found what I was told a dead spot in my brain. Something I knew and dealt with for years.

In Sept 2006 I got married.

We had another field officer come out to our new house. Since we had buy another house. (Oh ya. and I did not use my V.A. money to get this new house.)Since I lost mine do to V.A. Foul up... Talk for while told me things to do to appeal the in comp decision. That he cant change anything at this time.

So I done every thing I been told took there test pass there test. and appeal again Going on 2009 we get letter saying our marriage is invalid. The paper work we turned in from 2006 and my Field Officer refiled in 2008 and just getting a answer.

When We turn in our paper work and requested spousal support.Wife as trustee. it was deny and was sent back a letter say our marriage was invalid. That I was marry to my cousin Ada. Because I stay at Aunt Tina house for 2 years here in Texas. Since I was left Homeless by the V.A. and My cousin who is all ready married was living there too. and some Texas law and mistake in paper work.

Because one piece paper was filled out wrong. Spousal support denied.Wife as trustee denied Invalided marriage. Plus my trustee did not turn it in and sign it for me.

So the wife and I been on pins and Needles because we told our marriage is Illegal.

Which If so then Would that have got to go to Court? If We consider doing something Illegal? Shouldn't state Texas been Inform of Wrong doing? I'm not afraid of going to court. over this. cause I know it all just a paper work error.

I again with my wife help we been asking what evidence Do they base this off of..

Requested Cfile two month ago.

Now take this 2009 Cfile has only this in it last time I saw a field officer was 2006 at my house and in 2007 at the regional office. Going over our Budget with my trustee. Which according to budget report it short 1 suppose to get 550. personal spending but get only 460.00 The rest goes into the bank. you do the math. My wife pays the mortgage and most house bills out her income. I use the 460 for food and gas. Now get SSI most that goes into bills she cant cover.

As far My V.A. money most it set in bank I can not touch. With out act congress approval. (Example want to fix our pool. My trustee wanted 3 estimates from pool repair business . So did it cost was between 3 grand to 5 grand. .Problem I could do it for under $1000 myself. just need to money to buy the parts. But no they won't let me do it or buy the parts. Trustee want a pool repair company to do. Guess what I went ahead did on my own for less then $700.00. I had to save 4 months and did lot ebay selling to get the money.This what I'm talking about. Like crazy to spend my money foolishly like that. And they said I'm incompetent.)

I ask my Field Officer who can talk about handling my own money. All he said I got have letter from one the V.A. doctors. So we talk to docs. None will write one. cause. every 3 months I get new Doctor.

None will write one cause they don't know me. I have not been there patient of theres for a year.

Kind hard do when you get new doctor every 3 months. And I been going to there clinic for 4 years now.

Put in more paper work. While looking through my 2009 cfile. I could not believe what was in it. All paper work I turn in was stamp Void. not Acceptable Trustee did not verified or sign it. Next only one Field report was in it from 2006. Missing the original field report. No medical history or c&p exams I took since 2006 last piece paper work was in it was dated 2009 wanted a death certificate on my Cousin Ada.Who they claim was my wife.

Found only one piece paper that had Ada name on it which was scratch out and that was on a wage and earning sheet. That was filled out wrong and no signature on it or nothing. I could go on and on. Question is Who do I go to next?

Since look like I cant do anything or my wife through Our regional office. and calling the field Officer is like I'm to busy. talking to my trustee all she can say my hands are tied. And Going back to my congressman Is going do nothing. But just get another Trustee. and this trustee has really done nothing wrong.

She cant release any money with out v.a. approval. Duh. kind like waste money and her time as I see it. Doing nothing.

Once your put on the incompetence list your stuck.

I would like to move. Since I got opportunity to go coop on some farm land in another state.

But I have do it on my own I can not use my funds in my V.A. account. With out getting a state appointed trustee. Is what my V.A. trustee said.

Ugh all I know it a headache and bad part this story is I lost my Ministry position with the church.

I mean I could see them taking over ones life If I was lock up in a Intuition or in a home.

But being on ones own. I think this little over board.

After finding out there is 69,000 other vets in this program and over half having same problems as I in using there own money. You think someone would notice and say something to Congress.

All I can do now is go to church and pray. Amen

Link to comment
Share on other sites

  • Answers 8
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

You need to send in paper-work showing that your wife is not your cousin. I would also ask where they got the information that your wife is your cousin. Once this is taken care of your wife can become your Spouse Payee. They will have to do a field exam to make sure that she is compentent to do so. As you have been found to be incompentent all of your paperwork need to go through your trustee. I would also send a copy to my Congressman.

Link to comment
Share on other sites

You need to send in paper-work showing that your wife is not your cousin. I would also ask where they got the information that your wife is your cousin. Once this is taken care of your wife can become your Spouse Payee. They will have to do a field exam to make sure that she is competent to do so. As you have been found to be incompetent all of your paperwork need to go through your trustee. I would also send a copy to my Congressman.

We all ready Done that. Even my trustee and field Officer and Fiduciary department has summited paper work in my behalf..

Like said this going on since 2006 last set of paper work summited was February 2009 and again by my trustee this month. So far a total of least 6 times or more.Still get a response back denied or no reason why it was denied. My trustee is like real mad over this whole situation.

We contact a outside source to go over this situation. This month. Who is pushing a new bill through congress as Example of how vets are being mistreated and /or overlook in the system once in V.A. system. Call the Second Amendment of Veterans rights. Which case like this can be Sean and heard by outside judge and lawyers can help.

Link to comment
Share on other sites

  • HadIt.com Elder

Hi Cherokeeblade,

I read your post. Gee, what a mess.

I know from my own experience, if you haven't lost your mind

when you start with the VA you will before it is over.

I am confident our expertise members can help you.

Always,

J

Link to comment
Share on other sites

Hi Cherokeeblade,

I read your post. Gee, what a mess.

I know from my own experience, if you haven't lost your mind

when you start with the VA you will before it is over.

I am confident our expertise members can help you.

Always,

J

Yes its a mess. The thing upset me the most is all the proprty I lost 1 my cars was worth more then what they gave me back in retro pay.

Link to comment
Share on other sites

  • HadIt.com Elder

x

x

x

Has your VA APPEAL on the incompetancy issue been certified to the BVA yet??????

Link to comment
Share on other sites

x

x

x

Has your VA APPEAL on the incompetancy issue been certified to the BVA yet??????

We have no Ideal. Like everyone trying to figure out is what going on? It like from Dec 2006 to like said to 2009 Nothing in my c-file and everybody keep pointing fingers.Where all the missing paperwork? We may get some awnser later on this month. Keep you all posted.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use