Vetta Posted February 4, 2015 Share Posted February 4, 2015 (edited) ↕️ Edited March 13, 2015 by Vetta Link to comment Share on other sites More sharing options...
0 Vetta Posted February 8, 2015 Author Share Posted February 8, 2015 Vetta: The VA has notified you of intent to appoint the Financial Fiduciary, have you had the Personal Interview yet? My brother-in-law's VA Dr put "Depressed and possibly financially Incompetent" in his progress notes, within a month, the VA was setting up the Fiduciary Dept Personal interview. At the interview, my bro-inlaw stated the same things you referenced and my wife corroborated his ability to handle his own finances. The Fiduciary Social Worker agreed to just monitor my Bro-laws checking account and expenditures on a monthly basis, so no begging for $$. As soon as I was made aware of the possible VA Fiduciary involvement, I had my Bro-inlaw, his sister and his Daughter set up a Bank Account at the same bank with all there names as joint. However, the account was listed with his sister as the Primary account holder. All funds from his Direct Deposit account were then transferred into the side account. If a VA Fiduciary is appointed, they immediately take control of all funds currently in your Direct Deposit Account. As it turns out, my bro-inlaw probably did need the VA Fiduciary. My wife (his sis) took over paying all his bills, in reviewing his check book, it turned out his X Wife was tapping him on a monthly basis for $500+ for Vet Bills and maintenance of his dogs. When she learned he was terminal, she wanted to remarry and take care of him, Ya for the DIC. Semper Fi Gastone By interview do you mean hearing? No I havent I just received the package Friday. I'm in the process of writing a letter stating that I feel I don't need a fiduciary. There's a number listed for me to call if I want a hearing which I do. The letter stated that I can bring a VSO or a lawyer. Which leads to another question. I was dianoised with ptsd/mst around 7 months ago although I suffered with the symptoms ( nightmares, panic attacks depression among other things) for over 20 years. I kinda went into this blind contacted the VFW on several occasions via emails and phone calls asking them with for help filing my claim to no avail. I decided to file without any representation. At the time I didn't know about VSO's (still don't ...) How do I get a VSO or lawyer to represent me? Which one would be better. I know time is of the essence and I want to move fast on this. Thanks Link to comment Share on other sites More sharing options...
0 Fat Posted February 8, 2015 Share Posted February 8, 2015 Good information folks............ Link to comment Share on other sites More sharing options...
0 Gastone Posted February 9, 2015 Share Posted February 9, 2015 Vetta: My brother-inlaw was notified of the Fiduciary Appointment and was scheduled for a in home interview by VA Fiduciary Caseworker. I've read numerous warning articles regarding the problems and possible cost of the VA fiduciary program, primarily on VAWatchDog.org. My understanding is that once the VA decides you need the Fiduciary, it's very difficult to stop. I think a personal interview is always required. As in my B-Inlaw case the Caseworker agreed with monthly monitoring. You do have the option of requesting a trusted Friend or Relative be appointed as your Fiduciary. It's not an automatic appointment, they have to pass a Financial Background check. I would absolutely start the appeal process regarding the fiduciary appointment. No idea of how fast the appeals are heard. I think the VA will in some way shape or form attempt to protect your finances, right or wrong. You have to remember, something you or your Dr's said or put in your clinician's notes has triggered the VA's decision to appoint the Fiduciary. Sure hope this works out for you Semper Fi Gastone Link to comment Share on other sites More sharing options...
0 Gastone Posted February 10, 2015 Share Posted February 10, 2015 VF: Trying to get a VA Lawyer without a Denial or Retro on the table might be impossible. As for Veterans Service Office Representative, sounds like you already tried VFW by phone. That's not really the best way, need face to face, preferably at their main office at your VARO. Their usually on the same floor as the VA and within walking distance of the VA sign in desk. Not all VSO Reps are the same, usually the more Senior REPS ARE ALSO THE MOST EXPERIENCED. That would be the Rep I'd be looking for. Youmight have some luck calling their Main offices at the VARO and asking for the most Senior Rep. DAV,VFW, VVFW and Marine Corps Leauge all have offices. You could check with your county offices, should be a State Veterans Affairs officer that could help you. You just need to get a hold of a Rep that has extensive Fiduciary knowledge and experience. Check out, VAWATCHDOG.org. The VA Fiduciary is discussed in great detail. ASKNOD's web site might cover it also. My limited VA Fiduciary experience indicates that once the VA issues the Decision to appoint a Fiduciary, the train has left the station. You might be able to get a Trusted friend or relative that is Qualified per VA requirements appointed or even get away with a monthly review of your finances. In the end, I believe the VA is going to protect your money in some way, shape or form. The VA Fiduciary Appointment may or may not be rightous but something is going to happen in the very near future. Time is not on your side. fill ou the New VA NOD Form (on line if possible) and request a hearing just to be on the safe side. Then get busy researching the VA Fiduciary regs. I don't recall from your prior posts, which Dr said you wern't capable of handling your own finances? Any reason given? Good Luck Semper Fi Gastone Link to comment Share on other sites More sharing options...
0 MPsgt Posted February 23, 2015 Share Posted February 23, 2015 Yes but i am not eligible for it. Is it a Federal job? Link to comment Share on other sites More sharing options...
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Guest
You might want to wait until you get your award letter. Reason 70%+30% does not add up to 100% in VAs funny math. It only adds up to a combined 80%. So unless you have some other ratings it is really
rpowell01
Yes!!! Because you are 100% with the VA doesn't mean you can't work. Now, if you were 80% and then awarded TDIU then they would question if your working. Being 100% means your service-connected injuri
Chuck75
With a lot of caveats, it's a big maybe. You indicated that likely 70% is due to PTSD. This is the sticky point. In general a VA "mental disability" award can preclude working. But, there are a bunch
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