ptsd Competency

[Abhean]

Have a quick question. I just received my PTSD packet which the VA found me at 50%. In the packet there was a little section in it that read " A finding for incompetency is proposed". Talking with my VA rep here in town I was told that it is exactly as read they believe that I am incompetent to manage my money. I have managed my funds for the last 10 years including my mortgage with very few problems. Is this incompetency something that is placed on most people that file PTSD claims?

I am fighting with myself if I want to fight the finding or not. The VA said that I am very close to 70% and that is what I have been told I am actually at if not more. My GAF score was 44 and the listed 70% evaluation list I have most of those symptoms they listed. I assume if I do not fight this incompetency thing the appeal will go quicker or with less problems. Would you guys find that correct?

Oh if I do not fight the incompetency finding I also lose my rights to bear any weapons... Hard to deal with when I was a cop for a long time.

[Abhean]

I'm assuming that you had a C&P exam for PTSD. Did you get a copy of the Doctor's report? It should have stated in the report whether or not you could manage your own funds. I have been reading some of the articles in vawatchdog about this fiduciary stuff, and there are some crooked people out there. Some, I believe have been sent to jail. Most likely more needs to follow. Just do not give up on this, you want to handle your own funds, or at least have a spouse, close relative do it for you. Not a VA appointed person.

Papa

Yes I did the C&P exam, but at the time I really had no idea what I was really going in there for. As for a copy, are we supposed to get one? I have not and would really like to see it. And no I DO NOT want the VA to appoint anyone maybe save my wife.

[Papa]

You should be able to get a copy from your Regional Office. Or, if you had a rep like the DAV helping you, they could help you get a copy. That way, you can see what the Doctor put down regarding this subject.

Papa

Yes I did the C&P exam, but at the time I really had no idea what I was really going in there for. As for a copy, are we supposed to get one? I have not and would really like to see it. And no I DO NOT want the VA to appoint anyone maybe save my wife.

[Abhean]

You should be able to get a copy from your Regional Office. Or, if you had a rep like the DAV helping you, they could help you get a copy. That way, you can see what the Doctor put down regarding this subject.

Papa

Sweet. I really hate going into things like this blind. Thanks for the info.

[Berta]

I agree with Pete saying this is "fishy"-and I have only seen 2 vets,in decades, rated lower then 100% who VA wants to declare incompetent.

With this idea based on a 50% PTSD rating,one could say you are therefore 50% COmpetent and you could tell VA the 50% covers the VA comp!

I am being sarcastic here but I feel you should FIGHT this and although they will surely appoint your wife as fiduciary, this incompetency stuff is BS plain and simple.

Or you could use their 50% incompentency idea to support a TDIU claim.

Pretty soon I guess the VA will try to consider incompetency regardless of the rating.Or maybe even consider it on DIC claims from survivors who are granted large retros.

This is BS.

How can someone be declared incompetent based on a 50 % rating????????????????????????

If so, wouldnt they have to rate as 100% or as TDIU?

[mobie16r]

Abhean,If Va proposed you incompetent,i think you have either 30 or 60 days ,in which to explain why you think that you are competent or to submit any evidence that you have to support your assertion.In most cases if someone protests an incompetency proposal VA will do another C&P exam with the examiner specifically addressing competency.If i was you,i would start asap protesting incompetency. You need to get a statement from your private doctor that you are competent to handle your own funds, bank statements,mortgage payments or lay statements from friends and relatives.

And to answer your question about competency placed on most veteran service connected with PTSD,thats a no,when you have a GAF below 45 and diagnose with dementia secondary to ptsd and any other mental issue,the VA C&P examanier will most of the time propose the veteran Incompetent for VA purpose

I hope this is helpful and keep fighting and good luck. WELCOME HOME!

mobie16r