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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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You can't be declared in competent without a Psychiatric evaluation.

Hugh

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My rep said one of the VES doctors put a check in the box recommending incompetency but didn't fill out the next section for the reason why. He said most likely it was the "my wife pays the bills" thing they try to use. I'm supposed to receive a letter with the predetermination information soon.

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I'm going through the same thing. I was told a sociL worker comes to your house.

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I thought that a court had to find you incompetent. Guess the VA has to find ways to keep veterans from getting their disability. My prayers are with you that you get it all sorted out in your favor.

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