Jump to content

Sponsored Ads



  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    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 ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    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

Sponsored Ads

  • Searches Community Forums, Blog and more

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • 0
Sign in to follow this  
Suds

Incompetency

Question

I seem to be having a difficult using this website. I had posted a question several weeks ago but haven't seen anything regarding our problem. Hopefully someone can help me. I am a caregiver for a veteran who is 100% service connected disability, and have been for the last 2 years and friend of the family for the past 18 yrs. He has also had a stroke. He is on oxygen 24/7. He can walk short distances with a cane. His left arm and hand are paralyzed. He cannot shower, dress, or cook for himself. I take care of all his medications, and docter appts.

He was claimed incompetent during our interview for aid and attendance. At that time we had no idea that the VA could take control of his compensation. A field representative came to the house with approximately 24 hr. notice, and decided I wasn't doing things correctly and because I wasn't immediate family they would get us a fiduciary. The veteran wants me to be the fiduciary but they are ignoring that.

I cannot find out anything about how this system works. What bills they pay and the system they use to pay them. The Field representative said they would decide a salary for me, I cannot find out what that salary will be.

Is there anywhere to find out about this program. In the meantime I think we are going to appeal this decision. What will happens with that and what questions or tests will the veteran have to take.

Thank you for your anticipated help

Suds

Share this post


Link to post
Share on other sites

2 answers to this question

Recommended Posts

This is a difficult situation at best, and will likely require legal help.

The VA, in some locations, has been less than proper when it comes to assigning a fiduciary.

That said, you may/will need to refute the VA's contention that the veteran is not competent, or failing that, that the fiduciary has and is failing in the duties of a fiduciary.

Dealing with the VA is usually a frustrating and time consuming process. It may be possible to get free legal help.

What I would do first is get an opinion from treating doctors as to the veteran's competence. Next, with legal help, deal with the VA.

The laws and practices concerning competency vary from one location to another. Generally, getting a competency hearing can be done, but it will not occur overnight.

There are others in hadit that have had similar problems, and successfully dealt with them.

One thing to remember is that the fiduciary does not really represent the veteran, instead, he or she represents the VA's interests, and is paid from a portion of the veteran's compensation.

(A very sad state of affairs)

I seem to be having a difficult using this website. I had posted a question several weeks ago but haven't seen anything regarding our problem. Hopefully someone can help me. I am a caregiver for a veteran who is 100% service connected disability, and have been for the last 2 years and friend of the family for the past 18 yrs. He has also had a stroke. He is on oxygen 24/7. He can walk short distances with a cane. His left arm and hand are paralyzed. He cannot shower, dress, or cook for himself. I take care of all his medications, and docter appts.

He was claimed incompetent during our interview for aid and attendance. At that time we had no idea that the VA could take control of his compensation. A field representative came to the house with approximately 24 hr. notice, and decided I wasn't doing things correctly and because I wasn't immediate family they would get us a fiduciary. The veteran wants me to be the fiduciary but they are ignoring that.

I cannot find out anything about how this system works. What bills they pay and the system they use to pay them. The Field representative said they would decide a salary for me, I cannot find out what that salary will be.

Is there anywhere to find out about this program. In the meantime I think we are going to appeal this decision. What will happens with that and what questions or tests will the veteran have to take.

Thank you for your anticipated help

Suds

Share this post


Link to post
Share on other sites

Ad

Please contact Jim Strickland and tell him Berta Simmons sent you:

http://jimstrickland912.com/Fiduciary.html

First look over the Fiduciary info at his site-

this VA program is a MESS!!!!

Does this veteran have any close relatives at all???????

I am sorry you didnt get any relies -I was sure I replied to you with the above link- but maybe it went into hyperspace-

does this vet have a personal attorney who might be appropriate fiduciary?

Did anyone prepare a NOD on the proposal of incompetency yet for him- there could be a time limit for response to their decision.

Feel free to share my post here with Jim.

He knows far more than I do as to how this goes and this vet does need some good advise.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  

  • Ads

  • Ad

  • Latest News
  • Our picks

    • OK so I had pancreatectomy in 2003 due to an impacted goldstone 2/3 of my  Pancreas was removed I am type one diabetes with very large scars continued diarrhea stomach problems Constant back and shoulder pain I recently received a Nexus letter from my  endocrinologist related to my service in the gulf war.  Any suggestions or advice from anyone
    • I would like to meet other Hadit members who live in Michigan.  We have at least two major VA Hospitals (Battle Creek, Ann Arbor).  Or maybe you go to the the John Dingell in Detroit.  

      I like Ann Arbor.  I like the fact that most of the doctors there are also at the UM Hospital.  I don't like how uickly they seem to turn over though.  
        • Like
      • 3 replies
    • Really?
      I am confused.  A few days ago I spoke to a person at a VARO who said if I die from something other than service-connected my husband gets zero, zilch, squat.  Hmmmmmm, it seems the rules change willy-nilly...I have been rated 100% P & T for over 10 years, MS is static, and I am 56 years of age.

      Can a fellow Veteran shed a light on this?

      Thank you.
        • Haha
      • 15 replies
    • Fund raising for HadIt.com
      The site is supported through ads and ad free subscriptions, we are also asking for any support you would like to send our way. You can give a $1 or more it all helps. Keep in mind though that it is NOT tax deductible and we are NOT a non profit. As the site grows so do the costs and ads and subscription do not always keep pace with the costs. Any help is appreciated, but not required.
      • 11 replies
    • Carol Ozanecki- Blue Water vet Advocate called me with this news:

      https://www.stripes.com/news/lawmakers-launch-new-effort-to-provide-agent-orange-coverage-for-blue-water-navy-vets-1.525395

      Also there is a article in Pop Culture she sent to me----mentionig Blue Water vets buy I felt it was too political to post here. You can google it if you want to read it.

       

       
      • 10 replies
×

Important Information

{terms] and Guidelines