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.

[JR Reihs]

well..... as an update... I wanted to let you know that I threw a Hail Mary. I rewrote the 2 emails and sent the new combined one to every RO in the country, every congressman I could find on the internet and finally got an answer.

The RO for Houston Texas wrote me and said that he worked my case and I should Receive the Retro Payment in the next 3-4 days... I guess when we are about to give up all hope, a glimmer of hope shines through... I will post again if it does in fact hit my account.

Thank you all for the support.

I hope the VA gives you what you earned. I really am disgusted with how claims like yours lingers in the never-world, and you are forced to show them you are able to handle yourself and your affairs, then you still got to fight to get your money. No government entity should have that much power.

[SamanthaJo]

Hey everyone, my husband's ratings were adjusted in September of 2014 to 100% as well as a "proposed incompetency" claim. Once he received this letter, he scheduled an appointment for a neuropathy exam, he had one a few months earlier that found no issues with his competency, VA said they could not use that one and the soonest he could schedule a new neuropathy exam would be August 7, 2015. My husband contacted his DAV in St. Petersburg, Fl, front receptionist says "she's busy, leave your name and number." No call back, he called everyday to this day, never a call back. He even asks if they have his number correct, they do, he told her that he'll wait on the phone until she's available, the receptionist gives a "whatever, find somebody else to help you, we help our own first not people with white priveledges" & hung up. Seriously? Way to be professional ma'am. So, no help from DAV, countless calls to VA. We had our youngest son August 1, 2015, the neuropathy test was being held in Pensacola, Fl, 2 hours from us, the office calls my husband the 3rd and says your wife must be present to give a statement to the doctor, he explains we just had a baby, could I write one and send it with him, "No, she must be present." So, I ride the 2 hours one way with a newborn and husband. The doctor performs the testing in another room as I wait in the waiting room, comes out and ask me to make a statement and answer a questionaire. I did, the doctor said he's competent, he's far from incompetent, how he's seeing more and more incompetency cases on veterans with TBIs. The doctor said he would upload the forms to ebenefits within a few hours, if we'd like to go to lunch and come back, he'll upload them with us there. He did. The VA confirms they received them 2 weeks later. My husband begins calling, his incompetency case completely disappeared from ebenefits, he's assuming they have all they need, right? Constantly the same generic, they're working on it. So, in October my husband was told by a local vfw to submit a congressional, he did, that's where the problems began. After calling everyday, receiving a letter that says VA is working on it at a "timely manner". One day, a VA representative said his case is done, it's sitting at St.Petersburg waiting for them, no awards letter printed, the rep didn't understand why not. She put in an inquiry for St.Petersburg to respond to, said it'll take 7-10 days. 10 days later, my husband calls back, another representative goes through all of the notes and says it appears they were working on his case until the Congressional and they completely stopped. She put in an inquiry to St.Petersburg, another 7-10 days. Another 10 days goes by, nothing, husband calls the VA again, this representative says the case is done, an award letter needs to be printed and mailed to us, she doesn't understand why St.Petersburg is not responding, she puts in a request for a Supervisor to call within 24 hours, No call. Last week, my husband calls the VA again, the representative now says that they are now waiting for an appeal that was put in as him requesting one by St. Petersburg on November 15, 2015 and how long it could take. My husband told her he never requested an appeal nor has he ever been able to get into contact with anyone at St. Petersburg, she says shes seen St. Petersburg do this before when they dont finish a case within a certain amount of time to cover their tracks. Thats crazy that someone can do this, he told her to put in he absolutely does not want an appeal, why would he request an appeal when his neuropathy test states he was competent and in October of 2015 he was told the case was done?!? What can we do now? My husband needs the retroactive backpay to pay doctors bills and a braces bill that the insurance has not covered, he was making payments as it is $13,000 total but, the judge ordered to now be paid in full. Thanks guys, sorry it's so long.

 

Edited January 7, 2016 by SamanthaJo
typo

[Gastone]

Have you started to received the correct Comp amount as a direct Deposit yet?

You appealed the Fiduciary about 11/2 yrs ago, right? Who's been paying your bills and disbursing funds to you,during that period? Do you have direct contact with your Fiduciary or the VA Fiduciary Dept?

I spent a couple months in 68 on the Rock, stationed at Camp Hansen. Kin Ville was my 2nd home, actually lived there for about 3 weeks, VERY FOND memories.

Semper Fi

[rwskitch]

...SamanthaJo, your not alone with the 'incompetency' money grabbing deal coming out of the St. Petersburg VARO...! My last C & P for PTSD stated the same on their statement concerning my ability to handle my financial affairs, what a joke, I've been paying bills since I've left home decades ago, I don't know if you've researched this 'daily realtime nightmare' that's pushed involuntarily on many Vets on the internet, check it out, theres a couple links in one of my previous post concerning this out-right abuse of VA power. If by the grace of God I get any retro, I should be able to spend it on my own and my grandkids, and not some so-called fiduciary controlling my finances were I have  to beg for the $ to buy a toothbrush...! Thanks for the 'neuropathy exam' tip, I'm going to schedule an appt. asap for one to counter being strapped w/this criminal act. God Bless you and your own.

[Berta]

Ben Krause posted this earlier today about the Massive backlog at St Petersburg RO:

http://www.disabledveterans.org/2016/01/07/massive-claims-backlog-at-st-petersburg-va-regional-office/

Gastone asked:

"You appealed the Fiduciary about 11/2 yrs ago, right?"

You stated:

"why would he request an appeal when his neuropathy test states he was competent and in October of 2015 he was told the case was done?!? "

If VA proposed incompetency the veteran must take actions in the form of a hearing request to begin the appeal process.

I understand the logic of your statement ,but we are not dealing with logic, we are dealing with the VA.

"in October my husband was told by a local vfw to submit a congressional, he did, that's where the problems began"

Sure, that got the claim out of the VFW's hair for a while because  a Congressional Inquiry can add months to a proper claim resolve....if it even accomplishes that. Many dont,.

"Once he received this letter, he scheduled an appointment for a neuropathy exam, he had one a few months earlier that found no issues with his competency, VA said they could not use that one and the soonest he could schedule a new neuropathy exam would be August 7, 2015."

That seems very odd to me.....Then again VA is under the gun for allowing doctors without the proper credentials for TBI exams, to do them.

Ben Krause's site has that recent info too and the link is in the TBI forum here..

I suggest that you go to www.va.gov and cliock on the Contact Us Bottuonm, then on Ask a Question, and file this as a Service Complaint ( there is a complaint menu area) and ask them for the exact status and the whereabouts of the claim.

Did he ever get a letter from the VA about the incompetency proposal and did he react to it formally within any deadline they gave him (I think it is usually a 60 day deadline but not sure)

Make sure you state in the Contact Us IRIS form that there have been 2 C & Ps done to show he is competent and ask them for an email reply.

 

[Berta]

"Once he received this letter, he scheduled an appointment for a neuropathy exam, he had one a few months earlier that found no issues with his competency, VA said they could not use that one and the soonest he could schedule a new neuropathy exam would be August 7, 2015."

Was this a private exam?

"VA said they could not use that one and the soonest he could schedule a new neuropathy exam would be August 7, 2015."

Can you scan and attach here what the VA 'said',as I assume this was in a letter?

Cover C file number and name prior to scanning....