Incompetent By Va Standards

[bama01]

After 13 months I get the call and The VA Rep tells me I am rated 100% and ask me if I am still married to my Wife, and are my children still in the home? She then tells me that the VA has a proposal of incompetency, Wow!

she then tells me about the Brady Bill and ask me about my wife being the Fiduciary of my VA income, I said she is over the house anyway! not thinking what was at stake....or what was actually going on. She then ask me do I waive my rights to a hearing? I said as long as my wife is in charge of my money, she said I am releasing your monthly payment and retro now. I have called the VA nothing released and I was told I would get this on the 1st of Oct. 2011, so I guess she lied to get me to waive my rights, I am wondering if a Vet is considered Incompetent how can they make an informed decision like this without proper understanding or with someone present?

I did in fact recieve the actual you are Incompetent letter today and we will inform you of a fiduciary at a later date... I have called and tried to find out where my money is she promised nothing! I am in the process of sending them a NOD and will go as far as needed to get this turned around..

I was asked one simple question, Do you handle you finances? no, my wife does... boom! all hell breaks loose, now I am not capable of paying a simple bill, I guess I should not even be able to finish raising my kids or paying for MY house I own and have paid for without the VA! No help from the VA and my Credit is very good, I can buy two homes at one time and I owe none of it to the VA, so what are they going to do that I have not been doing to this point in my life to make my life better? nothing! they are making it worse and when I say worse I mean it,,, I will not go back to the VA for any treatment after this, because of the lies that one woman has told me and the C&P exam that took one question and tried too ruin a families life... I do not drink, Smoke, Gamble and have never committed a crime and now I feel like a retarded criminal!!!! Thanks VA... These are my feelings and my experiences and not everyone will go through this type injustice, and it is exactly an injustice.

Edited September 30, 2011 by bama01

[Pete53]

Bama

Did they make your wife your fiduciary? If they made one of their cornies in charge of your funds than you have a problem in my book. Also did you want your wife to be in charge of your money.

I also have a problem with someone making decisions like this talking to you on the phone.

I think that you probably need to get some help on this one.

[Berta]

I have posted many links to VAWatchdog over the last months or year here when Jim Strickland started revealing the VA's 'Incompetent' handling of VA appointed fiduciaries (a few are doing time for that now)One was already a felon when the VA picked him to handle vet's funds.

and not long ago -I posted link to his suggestions to any vet who gets a proposed incompetency - and also here is link to his article reflecting exactly what you said.

The minute the vet says the spouse handles the household money ( probably 99 % of all American families have the spouse handling the income and bills) then Bingo the VA wants to deem the vet incompetent.It is BS.

I helped a vet with a MH disability get almost 1/4 Million in retro but the VA declared him incompetent (in his case it was the best thing for him) but it took many long months for them to interview the wife and then finally send the retro.

There is info at VAWatchdog on what any vet should do in this situation if they want to fight the VA on this issue.

Incompetency deemed by the VA doesnt mean anything more than they maintain control over the vet's money until a fiduciary is picked.

It sure doesnt mean some distant relative can come out of the woodwork to try and get your stuff.

It is absolute Bull crap when probably 90% of us here know how incompetent the VA itself is wen we read over how they decide our claims and make multiple errors.

HOWEVER-I think if they say a vet is incompetent then they should make the 100% Permanent and Total right away- and not schedule any further exams.

This gives the spouse and kids CHAMPVA and DEA benefits.

Did they say you were P & T?

[bama01]

I have posted many links to VAWatchdog over the last months or year here when Jim Strickland started revealing the VA's 'Incompetent' handling of VA appointed fiduciaries (a few are doing time for that now)One was already a felon when the VA picked him to handle vet's funds.

and not long ago -I posted link to his suggestions to any vet who gets a proposed incompetency - and also here is link to his article reflecting exactly what you said.

The minute the vet says the spouse handles the household money ( probably 99 % of all American families have the spouse handling the income and bills) then Bingo the VA wants to deem the vet incompetent.It is BS.

I helped a vet with a MH disability get almost 1/4 Million in retro but the VA declared him incompetent (in his case it was the best thing for him) but it took many long months for them to interview the wife and then finally send the retro.

There is info at VAWatchdog on what any vet should do in this situation if they want to fight the VA on this issue.

Incompetency deemed by the VA doesnt mean anything more than they maintain control over the vet's money until a fiduciary is picked.

It sure doesnt mean some distant relative can come out of the woodwork to try and get your stuff.

It is absolute Bull crap when probably 90% of us here know how incompetent the VA itself is wen we read over how they decide our claims and make multiple errors.

HOWEVER-I think if they say a vet is incompetent then they should make the 100% Permanent and Total right away- and not schedule any further exams.

This gives the spouse and kids CHAMPVA and DEA benefits.

Did they say you were P & T?

[Notorious Kelly]

Bama,

Congrats on the 100%!

Please don't let the bureaucracy cause you more grief or pain; it's nothing personal.

As you can see from Bertha's post, this action is not unusual and you just need to take the steps to get things how you want them.

Chin up!

[bama01]

Pete, I am P&T and when the VA rep talked with me I told her that my wife took care of every thing and it would be fine and that would be the only way I would waive any of my rights, this was before I even knew anything about this crooked system and the fact that the VA has taken thousands of Vets to the cleaners whether it was knowingly or not. I did call the VA 800 line and they do not have any records of any release or notice of release of funds, they said they did not have my direct deposit information either and when you file you VA claim upon leaving the Army you have to turn in all that information. I do feel that if we are considered Incompetent we should in no way be asked to waive our rights and forego the due process that is given us as Veterans. I do have a brain injury and I am in the VA caregiver program but that in no way prevents me from handling my Funds, it comes down to the Mental health and the 100% rating and the retro pay amount that the VA has focused on. I will fight this as long as I can and I am willing to give up all of my VA pay for my rights, I will not have this on my records, and I will not lose my 2nd Amend. rights because of one C&P examiner, this is my life and it involves more people than just myself.

[bama01]

Pete, I am P&T and when the VA rep talked with me I told her that my wife took care of every thing and it would be fine and that would be the only way I would waive any of my rights, this was before I even knew anything about this crooked system and the fact that the VA has taken thousands of Vets to the cleaners whether it was knowingly or not. I did call the VA 800 line and they do not have any records of any release or notice of release of funds, they said they did not have my direct deposit information either and when you file you VA claim upon leaving the Army you have to turn in all that information. I do feel that if we are considered Incompetent we should in no way be asked to waive our rights and forego the due process that is given us as Veterans. I do have a brain injury and I am in the VA caregiver program but that in no way prevents me from handling my Funds, it comes down to the Mental health and the 100% rating and the retro pay amount that the VA has focused on. I will fight this as long as I can and I am willing to give up all of my VA pay for my rights, I will not have this on my records, and I will not lose my 2nd Amend. rights because of one C&P examiner, this is my life and it involves more people than just myself.