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

[bama01]

Berta, I Emailed Jim last night and I also sent a Email to VA lawyer to get a more indepth look at what I need to do next, I am not upset at the system I am upset at myself for letting them take advantage of me. when we go to the VA we do not expect them to try and take advantage of us or take every little word we speak and twist it into what they want it to be, I was being honest and told the truth that my wife pays our bills and she has for over 17 years and why would I change that now? because the VA says they want me too? or do I lie because I should be dishonest? I guess since we should start telling less than the truth, I don't drink, Smoke, party, Gamble and never done a crime and now I will be listed on the FBI system like a criminal! Thats the American way, It feels good to be an American Veteran, you don't have to be proven incompetent the VA just has to say it and it shall be done.

[Michellee]

This same thing is happening to me as I write this. Obama01 how has things turned out for you. Did you have to pay your attorney and what did they do for you? Also I sent in a letter from myself and my spouse and requested a hearing also sent them a NOD with proposal for incompetency. I too did not see the question coming. The question was asked who handles the financing and I was sick that did more than usual fighting a bladder infection and running a temp 103. I was lethargic and wanted to get it done and not even thinking just told her that my spouse takes care of things with out having to go into detail and that simple answer was written down that I am unable to handle all financial affairs. A 15 min C&P that's all it took. Now I am fighting this and believe me it's not going down without a fight. Just wondering how it worked out for you. Keep me posted.

[scscrewed]

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?

Is there an actual guideline or federal section that says that if the VA rules a vet incompetent that they are P and T? or does it just make a claim stronger when i ask for P and T if they've made the determination that I'm incompetent?

[Berta]

No- there is no regulation that I know of-

it just makes sense-

but,in my opinion, the best thing a vet can do is fight over incompetency issues unless they have a trusted fiduciary,such as the spouse.

The P & T issue should be claimed regardless of the incompetency issue.

[scscrewed]

No- there is no regulation that I know of-

it just makes sense-

but,in my opinion, the best thing a vet can do is fight over incompetency issues unless they have a trusted fiduciary,such as the spouse.

The P & T issue should be claimed regardless of the incompetency issue.

Mom's mine. Funny how the I am incompetent with the VA, but the trial court found me competent. Oh well. When I ask for P and T I will use the incompetent ruling as a factor, maybe it will hold some weight.

[Pete53]

Even if a Veteran is incompetent they should not be denied the right to choose who handles their funds. If they don't have someone than in my opinion the VA should at least monitor the lawyers they select to do it.

As many know many of the advocates selected are cronies of VA employees and abuse the Veterans they are supposed to help.