Rated 100% and VA says not able to handle my finances

[Bmed0713]

Hi I am new I see on my benefits page that my rating has increased to 100 % due to a secondary mental condition due to pain. I have not received the letters in the mail yet but notice a few more things added like letter of competency.... So I google it and now I am freaking out once I saw what it was... So I am preparing to fight this stupid idea that I cannot handle my finances... So I found this forum... And it looks great... I am seeking any advice how to fight this.... To include any great attorney that knows what to do

... Personally I believe they operated my case percentage wise... But now I find myself in this stressful situation... Any help is greatly appreciated! 

[Tyr]

On 5/30/2018 at 5:54 AM, Bmed0713 said:

Good morning and thanks for all the information. I am still waiting for the notifications by mail. I did some research and found out that the Dr. I saw suggested a 70% percent rating and stated that I was able to handle my own finances.....now I am thoroughly confused as to why I would see a letter of competency on ebenefits..... do they send you a letter stating you are competent?  And I cannot for the life of me understand why they would rate me 100% for mental health when the Dr. Doing the interview recommends 70% .... I really am having a hard time with this I have anxiety due to pain from other injuries... Secondary condition , never been in trouble I work everyday, pay my bills on time,retired from my last job after 33 years and got a new job and have been working here for two years with great appraisals and now recommended for an award for performance . I really thought when I went for the appointment maybe the highest might be 30% but definitely not 100%.... At a loss for words, "really"!

The doctor doesn't, or at least absolutely shouldn't, recommend a certain rating percentage.   They check boxes in the DBQ that are correlated (but not absolutely) on the percentage assigned.  But then there are other factors as well, like what symptoms were noted.  So even if the doc only checked the box that is associated with a 70, other symptoms may support a 100% evaluation.  

 

If you know the doctor said that, thats good evidence for you.  The rater may have seen where another healthcare provider questioned your competency, and that may have been enough to trigger it, even though it would have been a mistake to do so given that your examiner said you were competent to hand your funds. Its hard to say without seeing your file.  

 

If the evidence ...	Then ...
suggests but does not clearly and convincingly show that the person is incapable of managing the VA benefit payment without limitation	do not develop do not propose incompetency, and state in the narrative of the rating decision issue that there was no clear and convincing evidence of incompetency.

Now is the time to be more proactive.  Statements from people that are in a position to know about your competency will help.  Wife, friends, doctors/providers, lawyers etc etc.  

If you are found to be incompetent, you can regain competency, but its much easier to avoid the issue all together.  

[Bmed0713]

Tyr

Thanks for the information I really appreciate it. I finally received my package from the VA it said I am competent to handle my finances. It also rated me at 100% combined. I was at 60%.

I put in for anxiety as a secondary condition it shows that they rated it at 100% , so I am confused because it states my combined rating is 100%. I really need to know how they got that, I do have some anxiety but I can take care of myself and I work full-time for the government, all my appraisals are good and I just received an award for performance. I really could understand a 10 to 30 percent increased rating but not this high. They also awarded me SMC and DEA chapter 35. My question is can I still work? Heck I need to still work because this award will not cover my living expenses or replace my income? What are some options, I think they overated me... In one part of the letter it says I don't care about my appearance ha I am the guy that irons everything but my underwear and socks and takes a minimum of two showers daily, my wife always says I am to clean. Anyways does anybody have a suggestions? I feel I made a huge mistake even putting in this claim now cause I really cannot afford not to work I am 53 with kids in college. 

Thanks

[Berta]

Can you scan and attach the decision here when you receive it? Cover C file # ,name, address prior to scanning it.

Chapter 35 and the EED they give you might sure help with the college expenses....

Chapter 35 info is searchable here.

It sounds like they gave you a 'schedular' rating of 100% but I am not sure.

You might also be eligible for SSDI if you stop working...but not sure-

I am confused by their award but if we can read it, it will help clarify it.

 

 

Edited June 11, 2018 by Berta

[Bmed0713]

On 5/29/2018 at 2:57 PM, Berta said:

Yes, you can fight it-with proof that you pay your own bills ,are not in a foreclosure situation, 

and that your name is on every check you sign.I assume you are a single vet-

but if you have a spouse, usually tyhe spouse handles family finances- still no reason to believe you cant handle them as well.

We have had many vets get a proposal of incompetence- it is  only for VA benefits- and others will chime in on that.

It is a bunch of BS, but in some cases it is good-

I told this true story here before.

I helped a vet get 100% P & T after VA denied him for many ,many years. (Bipolar -that I proved was manifested in his service period. A very good friend of mine from the local VA.)

His retro was just shy of 1/4 a Million. He wanted to take me to lunch, when he won,

In Ireland-

he was going through a manic phase. 

Luckily his wife became his Payee. He certainly didn't owe me anything and it was a disgrace that  NO one- to include many POAs, helped him at all.

 

 

 

8 hours ago, Tyr said:

The doctor doesn't, or at least absolutely shouldn't, recommend a certain rating percentage.   They check boxes in the DBQ that are correlated (but not absolutely) on the percentage assigned.  But then there are other factors as well, like what symptoms were noted.  So even if the doc only checked the box that is associated with a 70, other symptoms may support a 100% evaluation.  

 

If you know the doctor said that, thats good evidence for you.  The rater may have seen where another healthcare provider questioned your competency, and that may have been enough to trigger it, even though it would have been a mistake to do so given that your examiner said you were competent to hand your funds. Its hard to say without seeing your file.  

 

If the evidence ...	Then ...
suggests but does not clearly and convincingly show that the person is incapable of managing the VA benefit payment without limitation	do not develop do not propose incompetency, and state in the narrative of the rating decision issue that there was no clear and convincing evidence of incompetency.

Now is the time to be more proactive.  Statements from people that are in a position to know about your competency will help.  Wife, friends, doctors/providers, lawyers etc etc.  

If you are found to be incompetent, you can regain competency, but its much easier to avoid the issue all together.  

Hi Berta

I am currently in New Mexico for two weeks.... Training for work.... I do not have a scanner available.... Yes they did know I was working it is even listed in the DBQ. I took pictures with my phones I will try to attach those. It is not letting me attach my photo for some reason is there an email? 

[Buck52]

 You can always disagree with their decision   and ask to be rated what you think ? maybe a 50% combined rating ? MH Issues is based on the severity of the symptoms  and they rate according to that   10% 30% 50% 70% or the full 100%

it sounds like they rated you 100% for MH Issues...so with that  and your already 60% would be a 100% scheduler award   the 100% MH Award would be the difference   and the 60% for what ever you got that for  then with these 2 awards S.C.

IT meets the SMC S H.B. Criteria  and its mandatory they award this at the time they rated to 100%

you can still work with a 100% scheduler award 

*but this being a MH Award  it may make a difference if your working.??..having a 100% MH issues is very serious issue in its self.

 

I have to say I never seen a veteran want to go backwards in his awards/%..as hard as it s to get to the 100% rating....

you can also do this  after receiving your award   just continue to work  if they have not mention this to you that you can't work and draw ths 100% award with SMC.

I understand what your reasons is and some veterans do continue to work and get the 100% rating  but I don't think that rating is for  a severe MH  like Chronic PTSD.

Edited June 11, 2018 by Buck52

[Tyr]

4 hours ago, Bmed0713 said:

Tyr

Thanks for the information I really appreciate it. I finally received my package from the VA it said I am competent to handle my finances. It also rated me at 100% combined. I was at 60%.

I put in for anxiety as a secondary condition it shows that they rated it at 100% , so I am confused because it states my combined rating is 100%. I really need to know how they got that, I do have some anxiety but I can take care of myself and I work full-time for the government, all my appraisals are good and I just received an award for performance. I really could understand a 10 to 30 percent increased rating but not this high. They also awarded me SMC and DEA chapter 35. My question is can I still work? Heck I need to still work because this award will not cover my living expenses or replace my income? What are some options, I think they overated me... In one part of the letter it says I don't care about my appearance ha I am the guy that irons everything but my underwear and socks and takes a minimum of two showers daily, my wife always says I am to clean. Anyways does anybody have a suggestions? I feel I made a huge mistake even putting in this claim now cause I really cannot afford not to work I am 53 with kids in college. 

Thanks

 

Calm down and take a breath.

Unless they specifically granted IU, you can work.  (And even then if they did, you can work in a very limited way).

Did you send in a VA Form 21-8940?  That is REQUIRED to grant IU.  That is, they should not have done it without that form.  Google it, if it doesn't look familiar, then you can rest easier.  

Your narrative should have it as a separate issue.  It will not be contained in the fine print for another decision.  Look on ebenefits as well, it should be listed there.

 

Sounds to me like you're statutory 100, PT.  Which is a very good thing.  Your kids/wife get a huge stipend for college now, you are eligible for CHAMPVA, you can get a DoD ID card so you can shop at the PX and use MWR facilities, and best of all, the VA should never talk to you again.  Not to mention the $, which is a huge increase from where you were. 

 

You can also call the VA and ask them on the (crappy) 1800 number.  The person you talk to should be able to look at your codesheet to see if you are granted IU.  If not, smooth sailing.  

 

Congrats, you won.