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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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ledbthand

Rating Just Upped To 80%. Now Incompetent? Withholding Back Pay.

Question

Well I have a lot of things and I don't know where to start.

When I got out of the Navy in '07 I received a rating of 10% for tinnitus, and 50% for anxiety/depression/panic disorder. Also 0% for GERD, 0% for hiatal hernia and 0% for the tendonitis in my ankle I broke while in.

In June of 2013 I filed for an increase for my anxiety disorder, GERD/hernia and my ankle. I received a letter this month stating that they were increasing my overall rating from 60% to 80%. They raised my anxiety to 70%, and the ankle and hernia to 10% each.

Part of the letter also stated that "A finding of incompetency is proposed." So they will start paying me for 80% on June 1 2014 but they are withholding the $5,000 or so in back pay and not letting me have it.

I just don't really understand what would cause the incompetency proposal or really what that even means for my wife and I. We are buying our first house with my VA Loan and I would consider that as showing I'm financially responsible.

I could have my wife who I've been with for about 5 years write a letter stating I don't have problems managing my own funds and bills responsibly. I also could have my mother write one from when I lived with her for about 6 months after my first wife and I divorced.

Any idea if it's possible to have that back pay released to my wife at least? That money would come in handy for moving expenses, like closing costs, new washer / dryer / refridgerator etc.


On top of this I would like to ask if I should file for IU now? I haven't been able to work since I got out. In fact I was put out of the Navy early because of the anxiety and depression. With the ankle I can't stand for long periods and with the hernia I can't lift anything heavy without getting nausea. Also with the anxiety/depression/panic disorder I just can't leave the house some days. I know it sounds like I'm lazy and whiny and "should just get over it" which is what a lot of people tell me, but I figured I could ask you guys since you might have had that same lines thrown at you tons of times.

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"A finding of incompetency is proposed."

You have a time limit to respond in and you need to ask for a hearing.

"I just don't really understand what would cause the incompetency proposal or really what that even means for my wife and I. We are buying our first house with my VA Loan and I would consider that as showing I'm financially responsible.

I could have my wife who I've been with for about 5 years write a letter stating I don't have problems managing my own funds and bills responsibly. I also could have my mother write one from when I lived with her for about 6 months after my first wife and I divorced."

Bring the wife and proof of your bill paying ability to the hearing. Bring the approval for the VA loan as well.Even an online Credit report is good too.

Use anything you signed for creditwise yourself.

The VA's ridiculous rationale is that if the spouse pays the bills (most wives do) then they think they can say the veteran is incompetent.



"Any idea if it's possible to have that back pay released to my wife at least?" Yes that is the usual route these days but this incompentency stuff is VA bull s--t....and should be aggressively attacked.because it keeps your money tied up in the VA coffers.

It took a friend of mine many many long months to see his retro (about a quarter of a Mil) and his wife was an MH professional, but they still farted around with making her the payee.

In his case ( I helped him win the claim) the VA was right on the incompetence and he agreed he could have spent the retro in a weekend. But I dont see many cases at all where incompetence should even be a legit issue with VA.

Can you get a statement from aa personal lawyer if you have one, or anyone else who can testify to your competence ?

."On top of this I would like to ask if I should file for IU now?"

Yes and the VA ,in their last decision that took you up to 80% should have had a statement as to whether they consider you for TDIU, and whether they enclosed the TDIU form.

If the decision didnt contain anything regarding TDIU, they committed a CUE.

I think,since VA has been whipping out awards lartely due to all the VA scandals, they are now thinking up ways to cut back. TDIU comp is a big jump from 80% comp so it is very suspicious to me that they are attempting to propose incompetency now, because I guess they expect you could get a TDIU rating.

. " Also with the anxiety/depression/panic disorder I just can't leave the house some days. "

Do you get SSDI and is it solely for the SC conditions you have?

Has your MH doctor ever documented you have agoraphobia?

Agoraphobia due to a SC can certainly help to render a veteran as eligible for TDIU.

" I know it sounds like I'm lazy and whiny and "should just get over it" which is what a lot of people tell me, but I figured I could ask you guys since you might have had that same lines thrown at you tons of times."

I am a civilian but I know for a fact that many disabled veterans hear the same crap. Those comments often come from civilians who don't have a single clue on anything,anyhow..


or in some cases, from vets who might have SCs themselves but dont want other vets to get higher ratings then they have.

I say Piss on those people.You have far more value than they could ever understand and you have every right in the world to be compensated for your sacrifice.

Others here have experience the incompetence BS and they will chime in .







Edited by Berta
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I am a 100% VA with 70% PTSD, and the VA did not list me Incapable even though my PTSD is listed as Chronic/Severe. I was approved for SSDI a few months ago, and the SSA listed me as unable to manage financial affairs or carry a weapon, no problem, I just had my Wife sign a Power of Attorney and I get all my money and benefits with no issues at all. As long as you trust your wife, it should be an easy fix bud.

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I don't recieve SSDI. I was told that my work credits for the time in the Navy expired. I went and filled out the paper work for IU today at the regional office. I also tried to visit my DAV rep today but was given a "hurry up and wait" appointment 3 weeks from now. As far as the agoraphobia, I believe that is in my records from the VA. I'll get them out and look through them.

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If you're disabled, you're disabled, and The Meddling Masses have no say in it.

Tell them it's none of their business and win what you deserve! :smile:

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Its fairly easy to appeal and get your money. May be easier if you have a relative that you trust to manage while you appeal.

Good Luck the VA is infamous for appointing their buddies to manage

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