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Question

I was proposed to be incompetent, so I presented all the evidence possible to convince the V.A. that although my injuries are extensive; I am competent.

I waited for about 1 1/2 years for the V.A. to decide that I am in fact able to handle may own affairs and rate me "competent". According to the letter I am rated as competent and I shall continue to receive my full payment. However, I have not received any back payment or retroactive payment. When I called the Hot Line they told me that it will take between 10-45days to process. It is now 97days later and I still have not seen any action taken by the V.A.. As I continue to call them, they state that I do rate a large sum for my retroactive pay but, no one knows who to contact. I am at a loss.

I don't know who to contact to get this moving or why it is taking them so long. Does anyone have experience with this.....?   I really just want to pay the bills that stacked up while I could not work and had no way of paying..... I am not trying to build a savings account. Please anyone advise.

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I am talking out my butt a bit...however if it were me and barring any future better answers (which i am sure will come).

I would write a letter to the Director of the Regional Office that is handling your claims.  Make sure to copy it and send the copy and send it certified mail with return receipt so there is proof you sent it (and what date you sent it) and that they got it (and what date they got it).

I would compile all your evidence and dates relating to this such as...

1) decision later and date they proposed you were incompetent

2) decision letter and date they decided you were competent.

3) copy of the hot line if possible, if not the date you called them.

I would basically write.

Dear Mr. ______,

I am writing this letter today to request that the payments held in fiduciary trust during my determination of competency be released to me immediately.   It was on (DATE) that the VA originally informed me of a determination as to my competency to handle my own financial affairs; it was from this date until (DATE), 18 months later that I was found competent.  During this time my entitlement of (%) was held in fiduciary trust with the VA and has, as of (todays date) not been released to myself.  As can be expected, during the time my entitlement was withheld by the VA in trust I was unable to pay most if not any of my bills, many of which are become very late and continuing to accrue interest and penalties.  Due to this I called the VA Hotline (list number) on (Date) and inquired as to when these funds would be released.  i was informed it would take between "10-45 days".  As of todays date, (date), this is now the 97th day since i called the hotline and the (days since decision)th day since the decision letter regarding my being competent to handle my own financial affairs was received by myself.  Due to financial strains that were incurred during this time i request that these funds be released

 

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I would think in your case, a call or E-mail to Allison Hickey is in order.

that might be a good call.  given the NEED to get this done, and the failure to do it on time probably would warrant an email to her so she can kick the RO in the butt

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I was proposed to be incompetent, so I presented all the evidence possible to convince the V.A. that although my injuries are extensive; I am competent.

I waited for about 1 1/2 years for the V.A. to decide that I am in fact able to handle may own affairs and rate me "competent". According to the letter I am rated as competent and I shall continue to receive my full payment. However, I have not received any back payment or retroactive payment. When I called the Hot Line they told me that it will take between 10-45days to process. It is now 97days later and I still have not seen any action taken by the V.A.. As I continue to call them, they state that I do rate a large sum for my retroactive pay but, no one knows who to contact. I am at a loss.

I don't know who to contact to get this moving or why it is taking them so long. Does anyone have experience with this.....?   I really just want to pay the bills that stacked up while I could not work and had no way of paying..... I am not trying to build a savings account. Please anyone advise.

This seems like the exact type of situation in which an email to Undersecretary Allison Hickey is appropriate and likely to get a result. Send an email to allison.hickey@va.gov explaining exactly what you have said here. You will probably get a response from someone in here office within a week. Please let us know how this turns out.

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I took the advice you have given and sent a e-mail to Allison Hickey but also, CC'ed the Regional Director, and my congressman. I am tired of the lies that are feed to us regularly. And recently, they do not even reply to me when I write to IRIS. So, I informed her of that as well.

I did want to say Thank you all for the advice. I will let you know if she replies or anything comes of this...

Thank you

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As you Know, I have written a letter to Allison Hickey as advised..... But still have not received any type of acknowledgement that the e-mail was received. I hate being in Japan, when it comes to making anyone listen to me. I wish there was a regional office that I could at least lodge a formal complaint in person...... lol

Anyway, I for the Vets assisting me with the advisement on this situation, I appreciate it. As this continues to linger on I will let you know of any changes...

Edited by Gaijin J
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