Claimed 100% With A Proposed Incompetency, Looking For Advice?

[Trigirl13]

Hello all,

I am new here and have already found some great advice. I just wanted to see if I could get any further advice. First of all I filed a claim in April of 2011, and just now, june 2013, I finally received my rating decision. I was rated for a 100% for hypothyroidism with Bradycardia and 50% for depression. Because of the "depression" diagnosis they want to claim me as incompetent for VA purposes. I received this letter from them with my rating decision a week ago, within the week I have put together a letter stating my Notice of Disagreement (NOD), I request a hearing, that my examination was inadequate to determine competence and I request another examination and that I am competent to handle my VA benefits. My spouse has written a letter stating that I am competent to handle my VA benefits and I have a letter from my Primary Care Doctor stating that I am competent to handle my VA benefits. I am also going to get my records from the mental health provider I saw about a year ago so I can get the page that says that my care is transferred to my Primary Care Doctor, which states that my mental health problems are under control and that I no longer require their services. Today I sent the letter from myself, my spouse and my Doctor. I sent it certified so I can see they received the letters and have proof ( I had to send three medical records twice after they claimed they didn't receive them).

Okay, my questions are;1.) Is there anything anyone else would suggest I do? 2.) Also, my rep. that I had is ignoring my emails so would it be worthwhile to find a new one or will no one help me? 3.) What can I expect from a hearing and what should I plan for? 4.) I have separated my account from my family account to avoid any holds on the account by the VA, should I do anything else?

I just want to make sure I have every angle covered. I am going to fight this to the end as well, I am 31 with two children ages 7 and 5 and my husband who works full time, I refuse to be labeled incompetent, I am not and find that the proposal of this is ridiculous.

Thank you for all your help in advance. Also, if anyone knows any of the legal processes that would help a lot, I am trying to find criteria surrounding the steps they are required by law to take to determine someone incompetent and what avenues they must exhaust before they can make a final decision on the matter of competency.

Love this site!!!!

[Bmed0713]

Hi trigirl13

I too find myself in your situation... Can you share who is helping you? I cannot afford to be labeled with this incompetence label... I plan to fight this but really need some help. 

[Bmed0713]

Hi trigirl13

I too find myself in your situation... Can you share who is helping you? I cannot afford to be labeled with this incompetence label... I plan to fight this but really need some help.  Please can anyone help with a name of a lawyer that is experienced in helping fight or at least knows the ropes about these letters of of a vet being deemed  incompetent to handle your finances. I work everyday and handle my own finances. I cannot believe this... I really need help do not know where to turn and I am freaking out. Thanks for any help!

[Berta]

BMed I answered your other post- it helps to keep our threads together---separate from other posts.

Trigirl13- you might have nipped this in the bud already-

I will try to find the actual incompency BS regulations and I will post them here.

 

[Berta]

This link from a lawyer at Hill and Ponton might help. Matt Hill is a member here:

https://www.hillandponton.com/the-va-determining-incompetency/

Also this is the M21 version:

www.benefits.va.gov/WARMS/docs/admin21/m21_1/.../M21-1III_v_9_SecB.docx

as how how the VA has to prove incompetence.

 

 https://www.va.gov/vetapp11/files1/1105534.txt      this comes from the BVA, the veteran was found to be competent.

 

 

[Trigirl13]

Hello all,

I am new here and want to get advice on my process for appealing a proposal to rate me as incompetent. I filed a claim in April 2011 and just now, June 2013, received my rating decision. I was rated at 100% for hypothyroidism with bradycardia and 50 % for depression with a GAF score of 65. With my packet to explain my rating decision came a letter proposing to rate me as incompetent for VA purposes. I currently have sent the VA a letter that states my Notice of disagreement (NOD), that my medical examination was inadequate to rate me as incompetent and I request another examination, that I request a hearing and that I am competent to handle my VA benefits. With this letter I sent a letter from my spouse and Primary care physician stating that I am competent to handle my VA benefits. I am in the process of getting a letter from the therapist that I have seen in the past.

What my questions are: Is there anything else that you would recommend I do? What are the hearings like and what should I do to prepare for the hearing? I had a veterans rep. but after emailing him twice, I fear he is ignoring me, would it be worthwhile to find a new rep. and would there be one that would even be able to help me? Does anyone have and of the legal criteria the VA is required to follow when determining the competence of a veteran and what avenues must be exhausted when before they can make a decision of incompetence?

I really want to make sure I have all my avenues covered! I am going to fight this until it ends in my favor, I am not incompetent and feel this proposal is ludicrous.

Thank you in advance for any advice and support!!

I love this site!!!

[carlie]

Welcome - glad you found us.