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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Solo

Appealling incompetent rating

Question

The VA proposed incompetent and then rated me incompetent. Now they sent me a letter about the Brady Act. If they summit my name for Brady Act, it will cost me a bunch of money to hire an attorney and many people are not successful getting their name off the gun ban list once it is put on. Has anybody gone through the VA appeal process after the VA found them incompetent? 

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maybe u don't need a gun  incompetent and then rated me incompetent I agree. jmho

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It took 5 hour for this crappy answer. Lol. I looked up on the internet on where to send my NOD. It has to be sent to the local fiduciary hub of jurisdiction. I told the VA that if I had a gun, I would probably start shooting people when I am stressed out. I also got commited to the VA mental hospital. Then they proposed incompetent by appointing a fiduciary. I told them that I could do whatever I wanted with my money. That didn't go well either. Now I got to appeal the incompetent decision. I know I am going to win my appeal. Just needed to know the process where to appeal it to.

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Solo,

 

Sorry you are not happy with the incompetent. I was listing this as well, and can not own a gun or handle my money. I have a wonderful wife that does everything for me anyways. Are you married, or do not have anyone that you trust to handle your affairs? I always tell Vets to watch what they say, because the VA can come back and say exactly what they did to you. Only you can decide what is best for you. I am fine with this, as I am just tired of fighting back at times. Sorry, I cant give you an exact answer, hopefully someone chimes in. Good luck and I wish you the best. God Bless

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I sent in the letter for the proposed incompetent and they made a decision that I was incompetent 4 day after they received my letter. I hope they are fast with my appeal. I am still waiting for the VA to release my back pay. They already withheld my back pay for over 6 months. I called the VBA to find out why I haven't gotten my back pay yet and they said that they found me incompetent and I was going to get a letter about the Brady Act.

Edited by Solo

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If they declared you incompetent, your back pay would be released to the fiduciary not you personally I believe. As far as the Brady Act you said you told the VA: 

Quote

"I told the Veterans Affairs that if I had a gun, I would probably start shooting people when I am stressed out."

If you told me this I would say you shouldn't have a gun and I'm sure the VA will feel the same way. Fighting this will be hard and it sounds like not in your best interest or society as a whole.

Please be careful what you say, if you mean it, then by all means say it, but if you are doing it for dramatic effect - you are talking to a mental health professional they have to take everything you say seriously. We want them to take us seriously. If it was an attempt at humor, it failed as evidenced by the Brady Act concerns.

Hang in there brother. 

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