ptsd Fiduciary Mess And Writ Of Mandamus

[Berta]

We have had fiduciary questions here from time to time:

I am again bringing this WACO fiasco up because this is serious business and I dont know why it isnt on major TV News Channels (yet...)

http://www.vawatchdogtoday.org/uploads/20110112-_Pet_for_Ex_Relief.pdf

This is link to the Writ of Mandamus that Doug Rosinki filed regarding a vet who it looks like lost QUITE a bit of his money

in addition to VA comp to some federal appointed fiduciary that VA never checked out nor is the VAOIG concerned (...yet).

I wanted to give link to the writ- to show you what the VA has been sanctioning in direct violations of many veteran's rights.

Also Doug always prepares exempliary Writs of Mandamus so this is a great example of one.

These are not vets who can pursue a claim or fight with VA over a rating-these are veterans who are so disabled that

they cannot have access to their own money due to some incompetency declaration by the VA and then they are forced to get some bogus federal appointed fiduciary.

The incompentency regs are there at Watchdog today-I found it startling that VA isn't granting hearings if these vets request one.

This is why-in my opinion- the VA is deliberately preventing vets filing under the new PTSD regs from obtaining an IMO because as I have mentioned in the IMO forum that a MH IMO should contain a medical statement that the vet is fully competent.

The VA has ensured itself that new PTSD vets (those granted under the New Rules) who are declared incompetent -have no where

to go to get DUE PROCESS. They cant get an IMO for the claim and then if they succeed, VA can declare them incompetent with no problem.

The VA has also ensured that federal fiduciaries can step in and control the veteran's money.

They are even messing around with family members that were already appointed as fiduciary.

Cripes I used to joke VA would try to declare me incompetent so they didnt have to pay me my VA money as the civilian widow of a veteran.

Maybe that joke had some basis in reality.

This nightmare is by far worse than Shreddergate- at least those vets had a legal recourse via VA and were competent enough to fight over shredded stuff.Many of these vets with fiduciaries have no recourse at all.

I even wonder if this falls under RICO.

Or jurisdiction of the FBI.

I have 3 vets I am concerned about that are incompetent vets and will be checking with them to see if VA in NY has started to mess around with them.

Edited January 19, 2011 by Berta

[Berta]

One question- I might have assumed too much here-sorry if I did--------

"The case was settled in September 1, 2011"

Is that when the VA gave you notice of proposed fiduciary?

Did you appeal that nopice and ask for a Hearing?

I filed a Writ of Mandamus many many years ago. The claim had not been decided favorably yet so,when 12 lawyers saw my name and address on the Court docket they contacted me by phone and by mail but the Mandamus I filed had-at that point- no monetary value so they would not represent me.(because it had not been awarded yet)

I recall that I was denied the writ by the court because they said I had not exhausted every adminstrative remedy I had.I had argued I had no other way to resolve the matter unless the VA would hire me as an adjducator, and allow me to read my own evidence and then make a proper decision.

The court sort of ticked me off but they definitely were right.

I then prepared and filed an Administrative Review with VACO.I couldnt think of anything else I could do.

Long story short-I sent the RO a copy of the Mandamus writ and also a copy of the Administrative Review Request.

A lawyer called me from VACO within a few days after their receipt and said they had never received this type of request from a claimant before, and only in a very few cases from ROs themselves or Vet reps.

I rattled off some info I had in an old VBM (NVLSP) and said the information I had from Title 38 SC did not preclude or specifically imply I ,as a claimant, didnt have the same rights as anyone else to file the request.

I dont remember much alse but the VA lawyer talked to me for about an hour.There were facets of my claim that triggered his interest.

(FTCA connection)and he said he would look into the request.

The claim was resolved and awarded not too long after that. I dont know if the AR request or the copy of the mandamus was instrumental in getting VARO to READ the evidence, the whole purpose of the writ.

My argument was how could I properly "exhaust" all avenues of resolve if the VA simply could not comply with a basis tenet of VA case law (38 USC 4.3,4.6) yet the court denied the writ.

My long point here is that I cant really determine if you have exhausted all administrative remedies such as asking for a hearing etc.

You certainly have a great handle on the regs that control this situation.

I personally hope you did exchaust any available remedy and CAN file a Writ of Mandamus because I think this fiduciary crap is Bull S--T plain and simple allowing VA to hold on to compensation as long as they can or worse yet, have no oversight on how the fiduciary handles it.

For a truly incompent veteran that is a disgrace.

You sure dont seem incompetent in any way at all and I wonder how the VA came up with that bogus idea in your case.

I am alarmed by this statement:

“My service officer obstructed justice by denying my entitlement to information about fiduciary when repeatedly questioned about my case.”

I think you should pursue that with their National Commander or if it was a state or county vet org, you could file a complaint with their director or the with the Governor of that state.

Vet reps, if they give a claimant the wrong advice and the claimant can prove it, and it involved a monetary loss- can sue those reps as individuals in a state court for negligence.

I recently won a CUE claim that took almost 8 years and I realized some time ago- I would possibly have gotten resolve sooner if I had sued the vet rep for not properly advising me on that decision.

He was demoted anyhow. But I had to make a big stink before that was all resolved.

I oe others chime oin here too to advise you and by all means go over the VAWatchdogToday siote as Jim Strickland has a TO DO list there for anyone VA has proposed to deem as incompetent.

Way gets me is when they ropose incompetency to a veteran who already as received comp at a lower rate for years, and then a new claim raises their comp rating.

How can one be cometent to handle say a 50% comp benefit for many years but suddenly be considered not competent anymore if the VA raises it to 100%?

It is bull crap!