Rated 100% but VA propose Incompetent, Need help replying to become Competent

[Tino2790]

Good After noon, 

I'm looking for help and/or assistance in responding, and/or sending evidence to the VA to help not be rated incompetent. Just a quick run down, My claim has just been rated 100% and I have received my Envelope in the mail today stating the ratings along with a proposal to rate me incompetent due to my QTC mental exam evidence. The Dr. that evaluated me stated : "Mr. Ancora reported he feels unable to manage his finances because he is forgetful and unmotivated to pay bills on time due to his depression. he believes that he would be better off if someone else were responsible for making sure his financial obligations are met. With this said, it should be noted that Mr. Ancora does not have any cognitive limitations that prevent him from managing his own finances."

The letter the Va has sent states i have 60 days to provide evidence or information regarding the propose to rate me incompetent . they have attached a 21-4138 form, I'm sure I use this to write my reply and send it back, But I'm not sure how to write or what to write to go against the VA's props to rate me incompetent.

I am completely able to manage my finances and the Dr has stated that in my evaluation. Is there anything I need to say or do in particular to make sure I'm not rated incompetent and assigned a fiduciary. Please any help as to what to write or format to respond would be greatly appreciated, as well as any evidence I can obtain that may help as well. Thank you in advanced. 

[Guest]

Have you looked at your current treatment records to see what they say about you being able to manage your own finances. A statement in your current progress reports (current treatment records) should stop any type of proposal to make you incompetent. You can fill out the form 21-4138 and state that you feel that you are able to manage your own finances and attached the treatment records and send them in.

[Tino2790]

Pete992:

My current treatment records? as in my QTC exam? The evaluation I was referring to, was my QTC exam from the doctor, the VA used the evidence from the same quote referenced above to propose the incompetent. But are you saying I can use that as in my response with my form 21-4138?

[Guest]

No I am referring to your regular mental health appointments. The C & P examiner only examined you and did not treat you.  You should have regular treatment records at your local VAMC and there should be some type of note that you are either capable or not capable of managing your own finances.  If there is not a note in your records the next time you have a mental health appointment you can ask your psychiatrist or your psychologist to put a note in your records for your copy.  

[Tino2790]

Pete992:

 

I don't have any mental health appointments, nor have I had any. I got rated for Major depression and Anxiety with my Service Records. But how would I respond with out having any appointments? On the Form 21-4138 what do I need to include? or do I need to go Obtain something? sorry Im asking so much, Im just trying to complete this form and everything needed to have them overturn this proposal in a timely manner, and have it mailed Monday morning. But thanks again in advance

[Guest]

You are going to need another Mental Health Medical Opinion that you are capable of managing your own finances. If you are being treated by a VA hospital or a private psychiatrist they will have to comment on your competency.

[rwskitch]

...I have the same problem 'Tino...! I provided 6 'Sworn Statement's/Affidavits' from family, bankers, etc stating that I'm 'competent' in handling my 'financial affairs.' Also read 'FIDUCIARY/VA/Chuck75 HadIt.com Elder's post concerning this...! I also followed Pete992's advice from one of his past post's concerning asking the VA's shrink to make a note in ones progress report pertaining to their competency, all excellent advice...! Hopefully this will do it for us...!