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

[ledbthand]

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.

[Mikemmlj]

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

[ledbthand]

Let me know how that goes for you Mike.

[Barbamatt]

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.

[vet201060]

VA home loans you still pay closing but it can be combined with the mortgage. The funding fee is waived if you are a certain percentage or maybe any percentage. I know when I was 60% it was waived for me.

[ledbthand]

Yea the funding fee was waived and everything but the $500 earnest was rolled into the mortgage. Just had to pay the $500 twice to "replace" it because of a paperwork issue. But, we got the first one back.

The mortgage company worked with us a lot to get us approved and then sold the loan to another bank after the first payment was made.

Edited August 13, 2014 by ledbthand

[GatorNavy]

If you or your family want to possess or own firearms then file for Relief from the Brady Act with the VARO. Otherwise the FBI swat team could show up in your yard and cart you off to Federal prison for illegally posessing a firearm. The VA DOES report to the FBI any mental health rating of 10% or more.