ptsd Success and Regret

[marinevet61]

Had a c&p exam March 8 2016. March 29th claim was closed. Received the BBE and was Happy about decision until I read VA finds you incompetent

To manage your VA benefits. Such a big letdown. They based their findings on the c&p docs opinion. Examiner stated I have dementia, I do not have

Dementia I have Expressive Aphasia which is the inability to speak a complete sentence so it can be understood. I know what is being said I just can't

Reply in a sentence that can be understood due to my Aphasia. My wife and my family can understand what I am trying to say with no problem. I was

Awarded 100% for PTSD and p&t with no future exams. I was denied the first time I filed for ptsd. So I took it on with a vengeance. I had to research and

Get the proof that the incident did occur and in the exact month and year. Believe me this took many hours to gather and complete. VA claimed there was not enough

Evidence that the incident happened to turn it over to the Army to investigate. But when I sent in a certain article written by an officer in the Army, it was no time

Before ebenefits showed preparing for decision. I need any comments or suggestions as to what I should do next. File NOD or take what VA dished out.

Thanks to all of you on this forum you made my journey easier to get to the information I needed for success.

Marinevet61

 

 

 

 

 

 

 

 

 

 

[Berta]

Here is a successful Camp Lejeune Bad Water claim for brain tumor:

http://www.index.va.gov/search/va/view.jsp?FV=http://www.va.gov/vetapp15/Files6/1550248.txt

The IMO doctor's name is there and the IMO info shows how thorough he was in his opinion.

Although BVA states there were conflicting medical opinions ,they awarded SC under Benefit of doubt.

Same amount of negative medical opinions, and same amount of positive opinions equals Relative Equipoise- ie: Benefit of Doubt.

[broncovet]

First, congrats on the win!

I agree with the others.  You need to:

1.  Request a hearing regarding the declaration on incompentency.  

2.  Gather your evidence.  Get a copy of the applicable C and P exam.    Did the doc opine your incompetent?  Do you have other doc opinions which differ from that?   You want this evidence at your hearing.  Get a representative to help you, if necessary.

3.  Can you get an IME/IMO which opines you are competent? 

4.  Lastly, do you have a family member or trusted friend who could/would manage your finances, such as your spouse?    I would not "go there" until/unless the hearing goes bad, and you see the handwiting on the wall that VA has evidence to declare incompetency.  Then, if your spouse was your fiduciary, for example, it may not make TOO much difference, assuming you trust your spouse.  But, its best to be prepared.  

[Buck52]

I never heard of that PTSD /with aphasia?

Learn something every day   but of course I'm no Doc either.

I certainly would challenge them on this, get your past history together like Banking transactions and any financial things you participated in , private Dr stating he has examined you and you show no signs or actions of having ''Aphasia'' lay statements from family/friends (notorized)

also if you have ever been tested for your Hearing via VA & You can get a copy of that test  especially the word CNC Discrimination on test that shows your speech % if you have no loss of hearing and your word test shows to be ok  that would be good evidence also.

  who ever wrote that in your report is just trying to mess you & your claim up

jmo

.................Buck

[Berta]

YIKES I posted a decision that denied the aphasia!!!!!

So sorry!!!!! I have been hurried today and haste makes Waste!!!!!

Good point BUCK... I had a neighbor whose speech was very hard to understand and she also had hearing loss (the cause of her speech problems)

SSDI determined that even with or without hearing aides her speech deficits would prohibit employment.

 

[gs106]

From M21-1

III.v.9.B.3.a.  Elements of a Notice of a Proposed Ratingof Incompetency

Notice of a proposed rating of incompetency must include a copy of the proposed rating decision or a short summary of the facts and evidence of record that supports the finding of incompetency an explanation of the effect that a finding of incompetency has on the payment of VA benefits notice that a VA rating of incompetency prevents the beneficiary from purchasing firearms, according to the Brady Handgun Violence Prevention Act (Brady Act) a statement of the beneficiary’s right to submit evidence to show why the proposed action should not be taken request a personal hearing to present evidence, and have representation during the hearing, and an indication that the beneficiary has 60 days to respond to the notice. Note:  If a beneficiary requests a hearing at any time before VA makes a final decision on the beneficiary’s competency, VA will postpone making the final decision until after it holds the hearing.

[gs106]

III.v.9.B.3.i.  Conducting a Hearing Prior to a Final Determination

The Decision Review Officer (DRO) or designated hearing official conducts the hearing in accordance with the provisions in M21-1, Part I, 4.4. Due to the nature of the hearing, the DRO or designated hearing official must provide latitude to allow participation on behalf of, and assistance to, the beneficiary by the next of kin or any other person of the beneficiary’s choice.