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Little Help On Competency Issue
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carlie
Hi to all - been so busy I haven't been around for a while.
Im helping out another vet that has brought me his records, I've actually seen them so I feel everything with him is legit.
His VA letter of 1992 states, " You are considered to be 100 percent permanently and totally disabled for Department of Veterans Affairs purposes. You are no longer subject to routine future examinations to determine if your condition has improved ".
His VA disability is listed as : PSYCHOSIS. UNDIFF- 100 % (SC).
He at that time was declared to be incompetant to handle his own funds
so his mother was made his payee, a few years after that his mother passed away and his sister became his payee. A bit over one year ago his sister told him she was too busy to continue handling his financial affairs and wanted to be released from this responsibility. VA appointed a new payee of VA's choice.
The veteran desires to regain Competency to handle his own funds.
He has a letter dated May 12, 2006 from his VA Psychiatrist stating.
" He has been treating the veteran for schizoaffective disorder (depressive type) and alcohol dependence (latter in partial remission). His symptoms have remained fairly wellcontrolled since 2005, and by all accounts he is compliant with his treatment. Feeling more and more confident and capable, he is requesting control of his VA compensation, and I concur. So far he has managed his allowances appropriately. Given his stability, willingness to control his monies, self-assessed ability to do so, and my observation that he is capable of managing his funds, I request that VA consider turning over control of his compensation to the veteran. I feel he is ready! The veteran understands that any mishandling of funds in the future can result in a payee being reappointed. "
He has already had a VA feild examination at his home from a VA rep that staed she would very much be in agreement for his restoration of competency.
I am studying M21-1 Dated 12/13/2005 under rules for Determining Restored Competency :
************************************************************
4. Changing Competency Status
Introduction This topic contains information about changing competency status, including
• proposing a loss of competency
• determining restored competency
• limitations after competency is restored
• examinations required before restoring competency, and
• obtaining field examinations.
Change Date December 13, 2005
a. Proposing a Loss of Competency Issue a rating proposing a change in competency status if the evidence of record will result in a change in competency status from competent to incompetent.
This proposal may be included in a rating addressing other issues, such as evaluation of a mental disorder.
Reference: For more information on procedures to follow upon receipt of evidence of incompetency, see M21-1MR, Part III, Subpart v, 9.B (TBD) or M21-1, Part IV, 17.15.
b. Determining Restored Competency In any case in which the beneficiary has been rated incompetent, take necessary development and rating action to determine whether competency has been regained if so indicated in a
• hospital summary
• report of release to or discharge from non-bed care, or
• report of other material change in condition.
c. Limitations After Competency Is Restored Restored competency does not of itself
• warrant a reduction in the evaluation of a veteran’s disability, or
• establish that a parent or surviving spouse is no longer entitled to Aid and Attendance (A&A).
My question to the forum is:
1) In applying for Restoration of Competency will this automatically allow
VA to review his current disability evaluation and P&T status?
2) Are there any rules or regs. I should be aware of to help ensure his evaluation
does not come under review ?
I have a BVA Travel Board Hearing at Bay Pines RO this Friday and am a busy little bee preparing for this. Wish me luck, Im so tired of the fight and don't have much left in me.
TERRY HIGGINS -- If you read this post please call me ASAP, again I've lost your phone number.
Best to Carlie.
PS.
I just found out he falls under
38 CFR - 3.951 (, 20 year protection reg. for his 100% SC
38 USC - 110 - 20 year protection reg. for his 100% SC
1992 is when his P&T was awarded.
Edited by carlieLink to comment
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