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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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JaxVet

Imo - Incompetency

Question

My private doctor has agreed to see my husband and write the IMO to contest the incompetency proposal from the VA. Before we head in there, I'm just wondering if there is a format or special wording the letter needs to have? I thought I had seen a sample letter before, but I can't seem to find it now.

Thanks in advance for any help/advice!!

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If your husband can manage bills, write checks and handle money he is competent. Doc's opinion saying so would probably be enough. By the way you can also appeal the VA decision and pretty much do just as well on your own.

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If your husband can manage bills, write checks and handle money he is competent. Doc's opinion saying so would probably be enough. By the way you can also appeal the VA decision and pretty much do just as well on your own.

I'm not a big doer on your own type person. I don't know the VA system good enough to feel safe. I think in my own opinion, find a good service rep to help you through the appeal process. Again just my opinion.

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If your husband can manage bills, write checks and handle money he is competent. Doc's opinion saying so would probably be enough. By the way you can also appeal the VA decision and pretty much do just as well on your own.

Thanks! I will be filing the paperwork and what not. The IMO is to cut down the paperwork on the VA's end since they are supposed to give the benefit of the doubt to the veteran when two opinions differ on competency.

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I'm not a big doer on your own type person. I don't know the VA system good enough to feel safe. I think in my own opinion, find a good service rep to help you through the appeal process. Again just my opinion.

Unfortunately, I've not had good experiences with the service reps. One put a "Request for Reconsideration Based on New Evidence" into the system as an "Appeal" causing a loss of nearly 9 months of compensation for my husband. Granted, we could have left it as an appeal and waited several years, but we opted to refile. On the refile, I did the paperwork, sent in the necessary evidence and followed up until my husband's back was added as a secondary condition and his TDIU was granted.

I would say most service reps are great, but they are limited in what they can do since they are helping so many veterans.

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Pete is right.

This is the BVA's take on incompetence and the regs.

“Unless the medical evidence is clear, convincing and leaves

no doubt as to the person's incompetence, the rating agency

will make no determination of incompetence without a definite

expression regarding the question by the responsible medical

authorities. Determinations relative to incompetence 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 incompetence. 38 C.F.R. § 3.353©. 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. 38 C.F.R. §§

3.102, 3.353(d).”

source: http://www4.va.gov/vetapp10/files3/1022649.txt

While a declaration of incompetence is a blessing for some vets- it can take quite some time for the VA to interview the payee to make sure the payee (usually the spouse) is competent.

I would think copies of any checks he signed for bills would be good proof of competence.But having an IMO doctor state this is even better.

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