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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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Still on PENDING DECISION APPROVAL since 7/21/2014.

Except now it also says "The estimated completion date of 08/07/2014 is past due".

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Try not to go crazy, you should find something out in the next few weeks.

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I just got my letter awarding 70% for depression and a proposed incompency. Hurray!! but the kicker is that they are withholding everything to pay back my SSB award and won't get a check until 2016. I'll be homeless way before that.

Any info on the SSB thing?

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@Walt313 I just Got a letter last week stating that I am in fact incompetent. They basically said no problem getting my wife set up as my fiduciary, but as far as another friend or family member it's practically impossible. Also apparently because I have "trouble managing my own finances" I can no longer own a gun or ammo unless I face fines and jail time.

My only real hope now is to file for "Relief from the Brady Act" and maybe they will use it to boost me to 100% . I don't know. As if life wasn't sucking enough you know?

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Ledthand, I am in the same boat as you are. At this point just happy to be receiving something. What is the Brady Act?

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