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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 proposal of incompetency should be fought in most cases.

The Web Site www.vawatchdog.com is a possible resource for information

concerning the VA's fiduciary scheme. It deserves a read and heed!

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the backpay will not be released until the fiduciary matter is resolved..

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UPDATE:

VSO / DAV basically said hurry up and wait.

The status was changed to this in the last few days:

The estimated completion date of 08/07/2014 is past due (Learn more) PENDING DECISION APPROVAL Predetermination

Development Letter Sent

Still haven't recieved any letter other than the one that says I OWE them $4,500 because of their screwup with having my exwife still listed as being married to me. I must have submitted that paperwork a dozen times. Good old VA, years to give you money but they will get theirs in less than a month.

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led,

If I remember right, with a VA home loan - you should not have any Closing Cost to pay.

Perhaps other's will chime in on this.

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carlie,

Before we could get final approval for the VA loan we had to pay off my student loan debt, basically my father advanced my back pay to me, and also had to pay the $500 earnest money twice. We did received one of the $500 payments back in a check after all the closing was finalized.

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