Cp Exam Done My Appeal Need Help Please!

[AlekseiFL]

Hey All,

Its Very hard for me to write, due to im on 27 prescitptions a day im very , very medicated so forgive my mistkes please.

Ive been turned down for VA Pension before and My Case for pension is on Appeal atm.

Im Disabled Vet I received Medical Honorable Discharge but have been fighting for pension for very long time.

I am 100% Disabled I have zero income im awaiting SSD/SSI hearing and Miltary Pension have Lawyer.

Im not geting any Navy Pension at all.

I have Chrons Disease,Ulcertive Coltis,Chronic Abdomional Pain,Bio Polar 2,Anxiety Disorder,Depression Disorder,PST and geting checked for sleep apnea as well, as Nurelogy issue with tremors.

I just Had Cp-Pension meeting with the Doctor he was very understanding and also by the way was Retired Navy Captain as well as Doctor.

He told me was supposed to see them In 2007 Cp Pension but had Missed it, I never new about it, was bunch them was sick for.

Anyway Retired Navy Captain at my Cp-Pension exam was very nice, understanding at end he Told me here is what happens, In about 6 weeks will get Award Letter from VA.

He Knows have no income and maybe homeless soon, so he told me dont worry im reviewed you medical info and your 100% Disabled , he said futhermore he was Recommending that I get 100% Service Connected.

I was Stunned to say the Least had heard and been waiting years to get even any percent, always felt 1 day if didnt die 1st or die due to sucide 1st that would get 100% pension.

So asked the Doctor at cp pension exam what does that mean will get what % he said since been waiting years and years with nothing and medical documents are so through that I would for sure get 50% at very least to 100% max full service connected with backpay told me, award letter will come to me in 6 weeks.

Here is My issue he told me that for sure slam dunk that at very least would get 50% to start with backpay service connected up to 100% to start but my Pension is on Appeal so does what doctor told me is that true will find out in 6 weeks?

I run out of rent vouchers in 2 monthes will be homeless if not have , cat and dog, I dont smoke or drink, and no drugs.

I spoke to my Lawyer he said even Know were appealing he said , all their waiting on his Cp pension exam results to decide on my case, but have heard from others, you need Pension Hearing before they decide , but my lawyer told me pension hearing most time are useless, they can decide without you going to one.

But VA people told me could be years for appeal Process, like said so is what doctor told me true will find out cp - pension award letter in 6 weeks, and my long suffering will be over and be to move out of this crappy hotel, in very bad neighboorhood?

Even if get 50-100% pension service connected will get few years backpay so be to move to decent area and get car again, and have income to get basic needs, till get my SSD hearing and backpay from that.

I know im hard to follow, please help me its all My meds im on.

thank you

[carlie]

I have Clarafication

its Service Connected Disabilty Comp Appeal DRO ordered the Cp exam.

So is what VA told my lawyer and doctor told me Correct 6 weeks or so will get award letter?

I would not count on it ONLY taking 6 weeks from the time you saw the doctor

until you get a decision and/or any money.

Futhermore my Cp exam done by senior doctor retired Navy Captain have copy of it, says does the Veteran Know the Benefit amount doctor says yes?

Does that mean that this is done deal?

NO that does not mean anything in regards to a decision is a done deal.

Also paragraph does the Veteran need Social Work Assement done prior to get money, Doctor says yes?

Does that mean they could place my in home force me or not that bad and just assig me payee, Trustee like my mother with my Brother as Secondary payee?

I do not feel this has anything to do with placing you in a home.

If the time ever comes that for medical reasons, you need to be placed you in a home

such as an Adult Living Facility (ALF) or Nursing Home then

the home would get most of any disability money that you were in receipt of

and you would get a small monthly stipend (allowance).

jmho,

carlie

[carlie]

Yes was Hardship appeal for Service Disabilty Compensation with DRO requested ordered the exam told My Lawyer they wanna act fast on it get me help, Hope this Helps Clarify Carlie im new to all this here even know been waiting years.

For SSD hearing already had I see Civlian Doctor in 1 week, supposedly the Judge will decide in week or 2 after that about my SSD>

AlekseiFl,

I would not count on this time frame as holding to be true.

SSA, as VBA does not have time limits, only the claimants have time limits.

If you have presented all paper-work requested for a hardship,

it may go a bit quicker for you - but again do not count on that.

What did you submit to VA or SSA to show evidence of a hardship situation.

carlie

[AlekseiFL]

Hey Carlie ty for the replys here question

For the Work Assesment Doctor says yes to Social work Assesment but he also says vet me is fine taking of hisself.

So would it be fairly safe to say when they do social work assesment they would just require Payee, Trustee my mother? which im fine with already talked to her not need the home?

Now As Payee-Trustee for SSD or Service connected Disablity Comp they cant spend any of your money Correct its still yours, have heard horror stories that some payee's can steal this would be my mom, so not worried about that but in event she passed away she not doing well have to get non profit payee just wanna make sure and ask the question?

[AlekseiFL]

Documents that will be Homeless in 2 monthes total Rent vouchers come from SSI when ya win to pay back but only get them for 3 years total.

So only on rent vouchers and food stamps and my bills are negative -1,300 $ a month that my mother cant contiue to pay and my liveing sitation in hotel with no sink to wash dishes, drug dealers, crack heads, crack whores ca use they take vouchers and have no money to move is only reason im in this liveing hell Situation.

[carlie]

Hey Carlie ty for the replys here question

For the Work Assesment Doctor says yes to Social work Assesment but he also says vet me is fine taking of hisself.

So would it be fairly safe to say when they do social work assesment they would just require Payee, Trustee my mother? which im fine with already talked to her not need the home?

Now As Payee-Trustee for SSD or Service connected Disablity Comp they cant spend any of your money Correct its still yours, have heard horror stories that some payee's can steal this would be my mom, so not worried about that but in event she passed away she not doing well have to get non profit payee just wanna make sure and ask the question?

AlekseiFl,

The payee ( fiduciary) pretty much pays your bills out of your funds

gives you a little allowance, and has to OK any kind of large expenditures you make.

Here's a link and the information that pertains to this.

carlie

http://ecfr.gpoaccess.gov/cgi/t/text/text-...147&idno=38

§ 3.353 Determinations of incompetency and competency.

(a) Definition of mental incompetency.

A mentally incompetent person is one who because of injury or disease lacks the mental capacity to contract or to manage his or her own affairs, including disbursement of funds without limitation.

(b) Authority.

(1)

Rating agencies have sole authority to make official determinations of competency and incompetency for purposes of: insurance (38 U.S.C. 1922), and, subject to §13.56 of this chapter, disbursement of benefits.

Such determinations are final and binding on field stations for these purposes.

(2)

Where the beneficiary is rated incompetent, the Veterans Service Center Manager

will develop information as to the beneficiary's social, economic and industrial adjustment;

appoint (or recommend appointment of) a fiduciary as provided in §13.55 of this chapter;

select a method of disbursing payment as provided in §13.56 of this chapter, or in the case

of a married beneficiary, appoint the beneficiary's spouse to receive payments as provided in §13.57 of this chapter; and authorize disbursement of the benefit.

(3)

If in the course of fulfilling the responsibilities assigned in paragraph (b)(2)

the Veterans Service Center Manager develops evidence indicating that the beneficiary

may be capable of administering the funds payable without limitation, he or she will refer that evidence to the rating agency with a statement as to his or her findings.

The rating agency will consider this evidence, together with all other evidence of record,

to determine whether its prior determination of incompetency should remain in effect. Reexamination may be requested as provided in §3.327(a) if necessary to properly

evaluate the beneficiary's mental capacity to contract or manage his or her own affairs.

©

Medical opinion.

Unless the medical evidence is clear, convincing and leaves no doubt as to the person's incompetency, the rating agency will make no determination of incompetency without

a definite expression regarding the question by the responsible medical authorities.

Considerations of medical opinions will be in accordance with the principles in

paragraph (a) of this section. Determinations relative to incompetency should be based upon

all evidence of record and there should be a consistent relationship between the percentage

of disability, facts relating to commitment or hospitalization and the holding of incompetency.

(d)

Presumption in favor of competency.

Where reasonable doubt arises regarding a beneficiary's mental capacity to contract or

to manage his or her own affairs, including the disbursement of funds without limitation, such doubt will be resolved in favor of competency (see §3.102 on reasonable doubt).

(e)

Due process.

Whenever it is proposed to make an incompetency determination, the beneficiary

will be notified of the proposed action and of the right to a hearing as provided in §3.103.

Such notice is not necessary if the beneficiary has been declared incompetent by a court of competent jurisdiction or if a guardian has been appointed for the beneficiary based upon

a court finding of incompetency.

If a hearing is requested it must be held prior to a rating decision of incompetency.

Failure or refusal of the beneficiary after proper notice to request or cooperate in such

a hearing will not preclude a rating decision based on the evidence of record.

(Authority: 38 U.S.C. 501(a))

[36 FR 19020, Sept. 25, 1971, and 40 FR 1241, Jan. 7, 1975, as amended at 42 FR 2069, Jan. 10, 1977; 58 FR 37856, July 14, 1993; 60 FR 55792, Nov. 3, 1995; 66 FR 48560, Sept. 21, 2001; 67 FR 46868, July 17, 2002; 68 FR 34542, June 10, 2003]

[AlekseiFL]

thank for answers here is what im most worried about.

If my Mother God Forbid passes down the line.

And need payee, trustee Can that payee or Trustee same thing Steal ya Money?

I have heard horror stories of this?