ptsd Ptsd And Incompetency

[Guest jco]

I'm 100% SC for PTSD & psychosis since 2004. I had another C&P a couple of weeks ago and am awaiting the outcome, however, I read the VA doctor's write-up. He's recommending me for hospitalization, says I'm not competent to handle my VA affairs, that I'm not employable, and that the impact is total.

I know this is what many people would want to hear, and I recognize this may help me get P&T which is what my SO recommended I put in for. However, I'm wondering about the impacts of being declared "incompetent." Has anyone faced this, and what were the impacts? Should I fight this or just let it ride and blow it off. My wife would (hopefully) be assigned as my competent agent.

Thanks for the new web site and the feedback,

Jeff

Persian Gulf 1991 and Pentagon 9-11-2001

[Pete53]

All I can remember is a guy who used to post from Illinois who was sorely abused by the fiduciary that the VA appointed. If you are determined to need help please make sure it is someone like your wife or someone who can be trusted.

[Guest jco]

Responding to Susans comments and questions:

The physician made the remarks in his conclusions saying, ""Psychosis and PTSD are intertwined. One would tend to exacerbate the other. Occupational and social impairment are both estimated as total. He appears to unemployed and unemployable. LIkelihood of him re turning to the workplace appears nil. Consideration should be given to hospitalization. WIth regards to competency, this examiner agrees with last examiner in Jan 2004, in that the patient is clearly incompetent to manage his affairs for VA purposes." I couldn't remember how much money was put into my account when asked during the examination. Perhaps that is why he ruled me incompetent for VA purposes.

We have good credit, little debt and live carefully. My wife is a good help to me and when able, I try to be the same to her. I will submit my credit score if it comes back as incompetent.

I have not applied for A&A or SSDI. I think I receive enough from the VA. I prefer to be considered competent, so I will try to show our financial status as satisfactory.

Thanks for all your inputs.

Cheers

Jeff

Persian Gulf 1991 Pentagon 9-11

[Guest Berta]

SSA called my deceased husband in 1992 and said they were declaring him incompetent for SSA benefits purposes due to PTSD and he could appeal it but he told her no he liked it as this stroke (from AO DM) made him unable to see change and denominations on bills and his PN caused him inability to write a check. He told the SSA woman -gee I have PTSD and now I am incompetent and also the VA said I have significant brain damage so now I know what to tell the Student loan people when they hassle me about the loan.(they called here day after day)

VA however had said he was competent.

(actually soon after that he got his student loan written off due to permanent and total disability-we found a law that showed -if he had made one single payment after his disabled date, he could not have gotten the write off. )

A vet I helped get 100% was declared incompetent. His retro was well over 100 thousand clams and he would have spent it in day.

But it took many long months for them to interview and send his wife the money and here after waiting for years at NSC,for SC , he ended up waiting and waiting again.

It can be a two edged sword- Congrats -you did VERY well on your claim!

Edited September 19, 2005 by Berta

[Jay Johnson]

SSA called my deceased husband in 1992 and said they were declaring him incompetent for SSA benefits purposes due to PTSD and he could appeal it but he told her no he liked it as this stroke (from AO DM) made him unable to see change and denominations on bills and his PN caused him inability to write a check. He told the SSA woman -gee I have PTSD and now I am incompetent and also the VA said I have significant brain damage so now I know what to tell the Student loan people when they hassle me about the loan.(they called here day after day)

VA however had said he was competent.

(actually soon after that  he got his student loan written off due to permanent and total disability-we found a law that showed -if he had made one single payment after his disabled date, he could not have gotten the write off. )

A vet I helped get 100% was declared incompetent. His retro was well over 100 thousand clams and he would have spent it in day.

But it took many long months for them to interview and send his wife the money and here after waiting for years at NSC,for SC , he ended up waiting and waiting again.

It can be a two edged sword- Congrats -you did VERY well on your claim!

<{POST_SNAPBACK}>

Berta,

Well, there's a big difference between brain disorders (like what your husband encountered due to stroke) and declaring someone incompetent because they have a severe psychiatric disorder. A lot of people in this country, and the VA, believe you must have some level of retardation if you have a psychiatric disability....this, obviously, isn't the case at all and if someone has the where-with-all to find and post to this forum then they can easily spend 20 minutes a month paying some bills when they are having "good" days.

I have also noticed that the VA expects a veteran with severe PTSD to be severely disabled ALL of the time. Even though the regs make it clear that psychiatric disorders have "highs and lows", if a rater gets wind that a veteran was able to do something somewhat "normal" you can bet a low-ball rating is not far behind.

I have done extensive research on this topic and I can assure you that there is NO connection between psychiatric disorders and spending problems. I came across a few studies that suggested that even people with disorders synonymous with spending sprees (like bipolar) do not over-spend simply because of the disorder.. the studies suggested a genetic predisposition towards spending problems and the disability just caused it to worsen some.

The VA abuses this program regularly and uses it as a means to spy on vets with PTSD and to give impromptu inspections to ensure that they are as disabled as they say they are....why else would the fiduciary have a policy of making surprise visits on vets that are terrified of change and "surprise" visitors? They "claim" it is to make sure the vet isn't being abused, but their role is not to ensure the safety of vets..they are there to make sure the vets bills are getting paid and their money is being used to support the veteran. This can easily be established by credit reports, bill summaries from creditors, bank statements, etc...whether or not a veteran's house is clean has nothing to do with it.

Personally, I take great offense to this program because there is SO much potential for abuse to veterans. It is, by far, the worst program the VA runs and the SO's can't praise it enough:-(

[Guest jco]

Berta and Jay,

Thank you both for your inputs. When the decision comes through, and I expect they will propose incompetency, I have already pulled a credit report and a credit score, which are both excellent. I will send them those documents and a request not to be declared incompetent. The last thing I need is strange people coming to my house at unscheduled times. I can barely get through a C&P trying to tell a strange doctor things it took me two years to tell my therapist in monthly one-on-one's.

I'll let you know how things come out. THis all came about after I applied for P&T. We'll see, but I appreciate both of your comments and insights.

God bless

Jeff

Persian Gulf Vet 1990-1991 Pentagon 9-11

[Guest Berta]

Jeff- I sure recommend that you consider applying for SSA and any award letter from the VA will help on that.

I need to clarify- Rod was still competent in VA and SSA eyes after suffered numerous tias and then a totally disabling stroke. (1992)

The SSA regs state that they will consider ALL disabilties so I called them and asked how they had considered his then 30% PTSD in the initial SSA award for stroke.

They didnt consider PTSD at all. They said they awarded for the stroke so they didnt have to consider it.So I said we want to file for a Reconsideration- SSA tryied to talk me out of it and I got a laywer. He tried to talk me and Rod out of it ans he said it would never work-

I figured get SSA for PTSD and then the VA would stop farting around with Rod's PTSD upgrade claim.

Long story- we filed it without lawyer.

3 months later SSA called here-SSA for PTSD granted-on the reconsideration with an additional year retro.and that is when the incompetency was determined- I stated this wrong above-

it was for the PTSD.

After they talked to Rod about that I got on phone and called the lawyer . He remembered us and I said you just missed out on over 4,000 bucks.

(they used to get 25 %) My husband's retro due to PTSD on Reconsideration appeal from SSA was over $17,000.

We sent the award letter to VA and the DAV.

I called the DAV to ask if it would help. The NSO said well maybe but I dont think so.I said did you ever hear of Washington V Derwonski (COVA)? well of course he never did.

That was early 1993.

The VA awarded 100% P & T for PTSD to Rod retro to 1991 in 1997-6 years later. Lots of good it did him-he had been dead for three years due to AO DMII from Nam. And dead also due to Sec 1151- (they awarded his March 1994 Sec 1151 claim 4 years after his death)

sorry i did not clarify.

OH PS- the SSA - they based their PTSD decision solely on VA records.

He never even saw a SSA doc-they had all the records they needed in the med rec file from VA.

They even had more on his service in 2 branches than the VA did.And lots of shrink stuff not in his c file in Buffalo.

Edited September 21, 2005 by Berta