rated competent Found "Competent" by the V.A but......

[Gaijin J]

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.

[bluevet]

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...

I think that you will hear from them soon. Do you have a U.S. phone number in Japan? Did you include a phone number in your email? Not everyone gets a response, but those who do usually get a phone call from someone in her office 5-10 days after emailing her.

[broncovet]

I dont have a good feeling about your outcome.  I hear VA saying, "Gee, we paid your fiduciary, so collect whatever is left over, if anything, from him.  YOur beef is with your fiduciary, not us".  

As far as I know, its not VA policy to withold compensation to Vets pending the outcome of a fiduciary decison, so it was likely paid to your fiduciary, and you will have to sue him or her to get it back.  

Edited September 15, 2015 by broncovet

[Berta]

He appealed the incompetency BS, so why would he even have had any fiduciary?

Blue vet asked: "Do you have a U.S. phone number in Japan?"

 

The VA might be more receptive to contacting you through the state department in Japan,if you dont have a US phone number......did they help with your claim under the Foreign Medical Services Program?

[broncovet]

Berta, 

   I dont know if he had a fiduciary or not, but the VA wastes no time in getting one if one is delcared incompetent.  I guess the poster could respond, but I assumed VA declared him incompetent, appointed a fiduciary, and he got it overturned on appeal.  

   VA seems to work at lightning speed when it suits them, especially to reduce our benefits.  

[Berta]

Broncovet, you certainly might be correct....I just thought, that after the Fiduciary scandal at VA a few years ago- the one whereby they had picked some felons as fiduciaries for veterans, that they had changed the Fiduciary process.

http://www.va.gov/vetapp12/Files3/1217344.txt

In part:

"Overall, the lay and medical evidence fails to show that the Veteran is not competent to manage her own funds without limitation.  There is agreement that the Veteran can manage a monthly benefit check, but disagreement as to whether she can manage the large retroactive award.  The Board acknowledges these "potential" concerns but, to this point, the Veteran has not demonstrated an inability to manage her finances.  The severity of the Veteran's judgment deficit does not establish her incompetency at this time.  Simply stated, the medical evidence is not clear, convincing, and/or indubitable that the Veteran is incompetent.  38 C.F.R. § 3.353(c).  As such, the appeal is granted. 

Finally, the Board notes that the full benefits sought on appeal have been granted. Accordingly, assuming, without deciding, that any error was committed with respect to either the duty to notify, the duty to assist or the due process provisions of 38 C.F.R. § 3.353(e) , such error was harmless and need not be further considered. "

Since this decision suggests there was a large retro award due to her, I guess I assume the VA still held onto that cash,because she fought the proposed incompetency BS.

You are right that we dont know whether a fiduciary was appointed ,or not, here......

  





ORDER

The appeal is granted.  The Veteran is deemed competent to manage her own funds without limitation.

 

 

Edited September 15, 2015 by Berta

[Gaijin J]

bluevet,

Yes, I have a US number that I had to purchase from majicJack to fight being found incompetent and it was included in the letter. I gave them the e-mail address, Japanese phone number, American number for contact. Just to ensure they could verify it was me writing I also included identification information such as exact years of service, Physical address, full name and last four of my SSN.

broncovet,

  I don't think a fiduciary was appointed. When my original claim came back it stated that the VA was proposing to find me incompetent. Also within the same package as a list of fiduciary organizations, saying that I need to pick the one that I would like to handle my compensation funds. -I refused to pick one, but instead called them and told them that I am going to fight this. I then began to take all of the test to prove competency and even took classes related to financial management.

Berta,

As far as the foreign medical program, I had to request all of that information. However, I get most of my care on base. The FMP is only good for reimbursement and hospitals refuse to work with them because the payments are so late. Furthermore, the phone number they provided for the Japan line does not even work, unless you have a land line to call from (which is very expensive). So, from my cell phone I can not even contact them to ask questions on how to file for reimbursement.

Just to let you know why they proposed to find me incompetent was because of one of my answers to the psychologist in conjunction with my TBI@70% and PTSD@70%. They asked if "Do you pay your own bills..." I half seriously/ half Joking stated that "Its my job to make the money and the wife takes care of spending it...". I guess they did not like my Joke.  I did not know that they meant do I have the ability to pay my bills... I assumed they wanted the truth which at the time of the exam was that I worked too much to even think about going to pay bills... My schedule was For my main Job: 7am - 10pm Monday-Saturday  and 12am-3am part time at a bar Monday-Saturday. Thus it was not physically possible for me to pay in person. And the work schedule was explained to the psychologist.....

I think it is kind of funny that they were trying to propose me as incompetent based on the answer to one question and the whole time I was just wishing there was really someone "competent" at the V.A whom could or would be willing to help me... But that may be too much to ask.

Again, Thank you all for the advice. I know that all of you have experiences with the VA that; as you provide it to Vets, helps to guide them down the right path. Also, your true concern with helping me is an inspiration for me to keep fighting.