Incompetency Issues

[Berta]

No single non -attorney veteran's advocate has done more for veteran's on this issue then Jim Strickland.

ANY veteran who anticipates a potential large retro on any MH issue could be faced with VA's proposal of incompetency---guaranteed to hold up the retro payment for many months as well as possibly end up having a VA appointed fiduciary and I already have posted Dept of Justice stuff here at hadit as to some of the crooks the VA appointed as vet's fiduciaries.Those vets will never recover the compensation they lost.

Jim sent me in email these links that are imperative for anyone awaiting a VA C & P for a MH issue or who has been sent a letter indicating VA is proposing incompetency. He makes very logical points here that we all need to be aware of:

http://www.jimstrickland912.com/C_and_P_Examinations.html

http://www.jimstrickland912.com/Fiduciary_Appointments.html

In part:

"When you are asked, "How are finances handled and bills paid around your house?, be aware that the wrong answer could start the fiduciary appointment process for you.

A simple reply like, "My wife handles my checkbook and pays the bills at my place." is a signal that says you are incompetent to handle your own finances."

and

"To most C & P examiners that means you can not handle your own finances. They will make a brief note, "Veteran is not competent to manage his finances."

Once that little remark is in your record, you have a world of problems coming your way.

You will then be notified that there is a "proposal" to appoint a fiduciary for you. The first contact may be by mail or by telephone.

VA will ask to set up a meeting with you in your residence. This meeting will be with a VA Field Agent (or examiner) who will ask you about your finances, do background checks on people in your home, perform credit rating checks and so on. He/she will tell you that as an incompetent veteran you can not have guns in your house and you will not have the right to purchase firearms."

(PS I had no idea VA does background checks for these issues on the vet- they should have done them on the felons they appointed as fiduciaries)

His links also remind us of the important Freeman Decision:

"

In 2011 there was a major decision by the CAVC that is beginning to help change things. That's usually called The Freeman Decision and you should read it now. This is a complex legal document but it will help to to develop your appeal."

The decision is here at hadit and it is of enormous importance for all of us as it specifically highlights our Due Process rights

[Pete53]

I would like to declare the VARO System including AMC as incompetent

[95bmp]

Received my award letter of 50% friday from the columbia sc ro.to my shock and surprise they are proposing to rate me incompetent.I have been receiving ssdi for ptsd for ten yrs.I have had my own checking and saving accounts paying my bills on time duing that time.I have not save that much but i do handle my money well.I use online banking for most of my bills.my wife has her own checking&saving accounts i will follow the advise that i have read on this page.my question is with my statements from the bank and my credit reports will that be enough to stop the proposal.

[Berta]

50% and they proposed this? They usually wait until the vet is awarded TDIU.

You need to fight this ASAP. There is more info at VAWatchdogToday on this issue.

Boy- your retro must have been a good sized amount.

You have excellent evidence that you mentioned as to your competence.

I think Jim Strickland said that retro at 20 thou and over for an MH award can trigger the incompetency Bull S--T.

When I first started dealing with VA they proposed incompetency in what seemed to be very few cases.These days they seem hell bent on proposing it right off the bat.

[Berta]

PS-I suggest also as evidence to stave this off- download and print out the Freeman Decision , send it to them and remind them of your Constitutional Rights and then along with that you can send them some of the internet news of the felons they picked to be fiduciaries.I posted a lot of that news here and it is at VAWatchdog- as well as the recent IG conviction of some of the VA fiduciary thieves.

Maybe a Vet rep would not advise doing this but I say Fight back this crap with all of the ammo (evidence) you can get.

[95bmp]

BERTA thanks for your replies as for my back pay its about 10.000 they put down -chornic anxiety interferes with your ability to concentrate -to reason or retain information.I know i have problems but i can take care of myself and my bills

[Chuck75]

Fair warning - - The VA is fighting (appealing) the Freeman decision. There is another case that is also in the works that is going to be very telling. Jim Strickland's web site is usually a good place to keep current.

It's beginning to look like the VA is thinking mental problems, retro, incompetence are all in the same pot.

BERTA thanks for your replies as for my back pay its about 10.000 they put down -chornic anxiety interferes with your ability to concentrate -to reason or retain information.I know i have problems but i can take care of myself and my bills