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Predetermination Claim For Incompetence


armywife407

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Good Afternoon everyone,

My husband is receiving pension with A/A for anxiety and was just awarded 50% for chronic adjustment disorder, effective date Apr, 2009. He was predetermined incompetent at the Philadelphia VARO after he was awarded pension, causing the witheld of his retro of course. We sent the VARO (PHILADELPHIA) a notice of disagreement as well as evidence from a VA doctor stating that he is compentent, in addition, he attended another C&P exam for a pending appeal just a month ago, which the Va examiner stated that he was competent as well. On the 13th of Aug his VSO stated that the Va deemed him competent although the claim wasn't complete and his status on Ebenefits was Pending Decision Approval. As of yesterday his status changed from Pending Decision Approval to Claimed Recieved, with this message; Change of Status: We determined that your claim needed additional review. If additional evidence is needed from you, you will receive a letter from us explaining what is needed as well as stating "Your claim is currently located in our "Rating" phase. We will propose a decision on your claim when all outstanding requirements are satisfied" in the Next Step column.

My questions,

Why would an additional review be nessecary if the evidence from the VA doctors and the examiners stats that he's competent?

Why would they send his claim from VARO Philadelphia to VARO Columbia, SC?

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Good Afternoon,

My husband is receiving pension for anxiety with A/A which the VARO Philadelphia awarded him, following the Aid and Attendance decison the VA submitted a predetermination claim for incompetence. We provided a support of claim as well as evidence from a VA Doctor stating in a report that he is competent, in addition to a report from a recent exam a month ago from a VA psychiatrist, which confirmed my husbands competency as well. Both examinations where conducted after the predetermination claim. On Aug 13th his VSO stated that the VA deemed him competent, which of course his VSO was able to pull up the information on his computer, however the claim wasnt complete, it was in the Pending Decision Approval Phase on Ebenefits. As of yesterday his status changed to claimed received and read this ; "Change of Status: We determined that your claim needed additional review. If additional evidence is needed from you, you will receive a letter from us explaining what is needed. In the next step column its stats, Your claim is currently located in our "Rating" phase. We will propose a decision on your claim when all outstanding requirements are satisfied.

My questions are:

Why does the VA need additional review if my husband submitted the appropriate evidence (two report from VA doctors stating competency) ?

Should the examiniation report, stating that my husband is competent suffice?

As of yesterday, why did the Va move his predetermination claim from the Philadelphia office to the VARO Columbia, Sc?

I understand that this is a proposal of incompetence, and you can't appeal a predetermination claim while still in process, but what kind of process with this claim should we expect after submitting the adequate evidence ?

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