Jump to content
  • 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

  • Available Subscriptions

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Searches Community Forums, Blog and more

silke

Is This A&a Eligibile

Recommended Posts

Hello all, hope your enjoying your summer........Our Vso was supposed to look into getting A&A for my husband, but he is extremely busy and hasnt had a chance yet, so I need to go at this alone....evidence is as follows: Rating letter June 2011,..from the horses mouth:

"The examiner reports impairment to your cognitive function; thought process and content as well as your ability to maintain your minimum personal hygiene. It is the Va examin

ers observation that you have total occupational and social impairment in all areas of functioning. The Va examiner notes that you rely on your wife to guide you. You are unable to initiate activity; you stay at home in the den; and you cannot tolerate being in public places or interact with people. In addition, you have no leisure pursuits and you are unable to focus well enough to drive, dress, or do household chores"....

and was determined to be incompentent..also diagnosed as agorophobic in the recent past. 100% P&t

Does this meet the criteria for HB or A&A...and if so, why wasnt this inferred initially and what do I have to do next...thanks

Share this post


Link to post
Share on other sites

Ad

A&A, SMC aside - - for the moment

"and was determined to be incompetent" Is of MAJOR, MAJOR concern, and very serious.

You should really go to the link below for detailed information, etc. as a start.

http://www.vawatchdo...pointments.html

The VA will probably sooner than later, start the VA fiduciary game. You will likely get a letter from the VA on the subject, possibly phone calls, and may see compensation payments suspended.

You will need to get the ducks in order ASAP, and make sure that any VA direct deposit account contains only the minimum needed to keep the account open.

It's usually best to have funds from the DD account taken out and placed in an account at another bank, broker, etc.

Sometimes banks go overboard in actions related to the VA fiduciary process, and improperly transfer funds that have nothing to do with the VA.

Joint accounts and so forth can easily get zeroed out by an improper bank transfer to a VA appointed fiduciary.

You should consider utilizing state law and a lawyer to have a court appoint you as a fiduciary, etc. to help forestall the VA's fiduciary shenanigans.

A ray of hope is that recent court rulings make the VA's fiduciary decisions, etc subject to appeal, and due process now applies.

Hello all, hope your enjoying your summer........Our Vso was supposed to look into getting A&A for my husband, but he is extremely busy and hasnt had a chance yet, so I need to go at this alone....evidence is as follows: Rating letter June 2011,..from the horses mouth:

"The examiner reports impairment to your cognitive function; thought process and content as well as your ability to maintain your minimum personal hygiene. It is the Va examin

ers observation that you have total occupational and social impairment in all areas of functioning. The Va examiner notes that you rely on your wife to guide you. You are unable to initiate activity; you stay at home in the den; and you cannot tolerate being in public places or interact with people. In addition, you have no leisure pursuits and you are unable to focus well enough to drive, dress, or do household chores"....

and was determined to be incompentent..also diagnosed as agorophobic in the recent past. 100% P&t

Does this meet the criteria for HB or A&A...and if so, why wasnt this inferred initially and what do I have to do next...thanks

Edited by Chuck75

Share this post


Link to post
Share on other sites

A&A, SMC aside - - for the moment

"and was determined to be incompetent" Is of MAJOR, MAJOR concern, and very serious.

I agree and thank you for your concern..About a month ago I set up a new account just for compensation and called the VA to have the DD changed....They told me that we wouldnt get a penny until the issue of competency and the appointment of a fiduciary has been made......I hired a lawyer experienced in VA matters and he wrote up the following SOC:

I understand that my doctor indicated that I am not competent to handle my financial affairs and I understand that you propose to rate me incompetent. i agree with this decision and would like to waive my due process rights as it pertains to my ability to handle my finances and request that you take this action at the earliest possible time. I understand that a determination of incompetency will prohibit me from purchasing, possessing, receiving or transporting a firearm or ammunition. If I knowingly violate any of these prohibitions, I may be fined, imprisoned, or both pursuant to the Brady Handgun Violence Prevention Act Pub L no 103-159 as implemented at 19 USC 924 a 2.

I further understand that if you decide that I am unable to handle my VA funds, I may apply to the regional office for the relief of prohibitions imposed by the brady act. Please appoint the below named individual as my agent...etc

This SOC was sent to the RO and to the office that sends out payment..dont remember where that is right now..strange letter, I thought, but the lawyer said it is in VA accepted language and things will move along a bit quicker.....We received our first payment on the first of august, but the retro is still being withheld and thats Ok for now.....havent heard a single word on this matter since from the VA but I was told it can take months for an agent to appear...the lawyer told me what to expect...bank statement, references, etc and its here waiting for them!.......hopefully this will be resolved without any further ado....thank you again

Share this post


Link to post
Share on other sites

What lawyer would want a vet to state this:

"and would like to waive my due process rights as it pertains to my ability to handle my finances "

This lawyer's response is AWFUL(in my opinion) as I understand here (and could be wrong) you have a wife who could become the fiduciary.

"Please appoint the below named individual as my agent...etc" Is the spouse's name here?

The VA has been investigating ( in great part I believe due to Jim Strickland VA Watchdog)some of these outright crooks who have been picked as fiduciaries for veterans.

VA so far has taken little responsibility at all over the fiduciary fiasco except for when the Justice Department has gotten involved.

I posted a story here recently on some fiduciaries who were found guilty of defrauding vets.

I would love to know who the heck this lawyer is who is advising you to give up your due process rights!

Obviously they don't have a clue.

This idea is an insult to Doug Rosinski and Katrina Eagles -the lawyers who aggressively fought for the Freeman V Shinseki decision.

I hope others chime in here as maybe I am interpreting what the lawyer wanted to state to VA all wrong.I apologize in advance if I am getting this wrong.

Yes- the VA will withhold that retro until the incompetency issue is resolved.

It took a friend of mine many many long months to see his retro. It was almost 1/4 a million but they had to make sure the wife was competent. She has been a mental health specialist for 20 years.In his case it was in his best interests to have a fiduciary.

What I dont get is this- a vet can directly receive 30% or 50% SC for years and years for a MH disability and then suddenly when they succeed in a larger award-the VA thinks they suddenly became incompetent overnight.

I think most vets in this situation should fight these proposed incompetency issues.

Share this post


Link to post
Share on other sites

I've gotta agree w/Berta, what lawyer would have there client waive all rights to due process, except maybe a public defender. I'd certainly never sign it. jmo

pr

Edited by Philip Rogers

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

  • Ads

  • Ad

  • Latest News
  • Our picks

    • SHOW YOUR SUPPORT: Ad Free Subscriptions to the Forum available
      Ad free subscriptions are available for the forum. Subscriptions give you the forums ad free and help support the forum and site. Monthly $5 Annually $50 https://community.hadit.com/subscriptions/

      Every bit helps - Thank you.

       
      • 0 replies
    • Choosing a VA Disability Attorney Means Learning What Questions to Ask
      Choosing a VA Disability Attorney Means Learning What Questions to Ask. Chris Attig - Veterans Law Blog 

      <br style="color:#000000; text-align:start">How to Hire an Attorney For Your VA Claim or Appeal Free Guidebook available on the Veterans Law Blog

      I got an email the other day from a Veteran.  It had 2 or 3 sentences about his claim, and then closed at the end: “Please call me. So-and-so told me you were the best and I want your help.”

      While I appreciate the compliments, I shudder a little at emails like this.  For 2 reasons.

      First, I get a lot of emails like this.  And while I diligently represent my clients – I often tell them we will pursue their claim until we have no more appeals or until we win – I am most assuredly not the best.

      There are a LOT of damn good VA Disability attorneys out there.  (Most, if not all, of the best are members of the National Organization of Veterans Advocates…read about one of them, here)

      Second, I don’t want Veterans to choose their attorney based on who their friend thought was the best.  I want Veterans to choose the VA Disability attorney who is BEST for their case.

      In some situations, that may be the Attig Law Firm.

      But it may also be be Hill and Ponton, or Chisholm-Kilpatrick, or Bergman Moore.  Or any one of the dozens of other attorneys who have made the representation of Veterans their professional life’s work.

      There are hundreds of attorneys that are out there representing Veterans, and I’m here to tell you that who is best for your friend’s case may not be the best for your case.

      How do you Find the Best VA Disability Attorney for your Claim?

      First, you have to answer the question: do you NEED an attorney?

      Some of you don’t...
      • 1 reply
    • VA Emergency Medical Care
      VA Emergency Medical Care
      • 3 replies
    • Veterans Appeals Improvement and Modernization Act
      Veterans Appeals Improvement and Modernization Act
      • 0 replies
    • Thanks Berta for your help. I did receive my 100% today for my IU claim on 6/20/2018. It only took 64 days to complete and it is p&t. Thanks for your words of wisdom. 
×

Important Information

{terms] and Guidelines