ptsd Question On Incompetency

[mobie16r]

The veteran i am helping,just received a award of 70% Service connection fot PTSD,but benefits is being withheld pending Incompetency Proposal.The reason,base on a diagnosis of moderate dementia of Alzheimers type with short-term memory problems.He don't drink,pay his own bills and don"t abuse his money and he do want to handle his own money.Question,what evidence he need to submit to va to prove he can handle his own money?

mobie16r

[Berta]

He needs proof of what you mentioned here-

statements from friends, past co workers, family members etc-that he is responsible- and proof that his bills are always paid on time.

He can challenge this but it will add more time to the award money.

It is possible that -with moderate dementia- this could in the long run be best situation for this vet- having a payee-

Does he receive any type of SSA retirement or disability?

If they have not declared him incompetent, that too could be used as evidence that he can still handle his funds.

I think the incompetency stuff is BS these days- because they don't seem to raise this issue unless there is a large retro check due to the veteran.

Up to that point the VA itself considered him competent when they sent him his past comp checks so that too could be a point he makes-

How can he suddenly be considered incompetent now when he was obviously competent for the time prior to this decision during which the VA sent him money?

I suggest he certainly respond to their proposal to declare him incompetent- ASAP.

Did VA give him an MRI to come to the reason for their medical statement as to the Dementia?

He needs to attack their medical rationale-it could be quite wrong.

What did they list as evidence for their medical statement?

I suggest he prepare and word any response he gives VA very carefully.

Since he expects some retro-he might overcome this entire problem by getting an IMO from a real doctor that states he is competent to handle his funds-with full medical rationale.

It will help you a lot to search for incompetency cases at the BVA-there is a beauty at the CAVC site but I forget the veteran's name-

This might be challenged successfully but in the long run- perhaps he should start thinking of a potential payee anyhow.

We all can have short term memory problems- the VA had to have a MRI narrative or some specific test results done by a Neurologist to somehow come up with this idea.

[mobie16r]

Thanks Berta for your response and that is some good advice and yes he receive social security disability

mobie