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BuddyLoveAK

Incompetency

Question

I got my BBE in the mail today. It says schedular 100% p&t, but also says I'm incompetent and have to have a fiduciary manage my finances... Anyone know how to change this? They said I have 60 days to submit evidence. What kind of evidence do I need to prove I can pay my own bills? 

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If you dont have a spouse, you Must fight this-

If you sign your own checks or have direct withdrawals from your banking account, to pay your billd and you can prove you pay your own rent, or mortgage and food, gas bills etc, this will help.

Also if you use the hadit search feature and put incompetence into the search area a lot here will pop up- you are not the only vet who VA has deemed incompetent, who is,in fact, competent.

It is VA BS in most cases.I helped a vet get almost 1/4 Million retro and luckily he had a spouse who became his fiduciary. He finally , after 10 plus years followed my advice on something and got the award from the BVA. He had no SC at all. It was 100% P & T for bipolar. He had been a friend of minefor years but 3.156 saved him when he finally used the SF 180 I sent to him. (He forgot to send that for years.) The results of his 201 file and a letter I wrote to his VA shrink, who I knew well, got the VA shrink to write the nexus -which was in his 201 file.

He was glad VA declared him incompetent. He wanted to take me out to lunch when he got his award- in Ireland.

The last thing you want is the VA to pick a fiduciary for you.

https://www.veteranslawblog.org/va-fiduciary/

This article is by Chris Attig, member here and he is a vet's lawyer.

Some years ago the VA was found to have been picking FELONS, to be fiduciaries for veterans as Chris's article points out.

It is BS. I cannot think of any entity at all in our Gov that is more "incompetent" than the VA.

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The fiduciary is one of the most corrupt of all VA departments.  Its a license to steal your money, legally.  As Berta said, if you must have a fiduciary, get your spouse, your brother, or even a best friend.  Dont get the one the VA picks, it is the worst.  

But fight it.  You need a medical opinion that you ARE competent in order to  refute (apparent) medical evidence to the contrary.  Did one or more of your doctors say you were incompent?  I wouldnt put it past VA to make this stuff up. 

"Competency" is a medical opinion/determination.  One cant "declare" oneself competent if a doc has declared you incompetent.   

This may well be one where you need an attorney to fight for you.  I would not trust a VSO to something as big as your entire income the rest of your life.  

This is your worst case senario, and you need to fight with everything you have.  Dont hold anything back.  This is your last stand against VA.  

Edited by broncovet

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My mom said she'd be the fiduciary for me if it comes down to it. I'm single with no kids. The medical evidence they're using is from a 2016 C & P exam. The doc asked if I pay my own bills and at the time my parents were helping me out financially so I said no my parents pay them. So he marked down that I couldn't handle my own finances. I didn't realize the consequences of that question at the time. I didn't realize this was so serious until now that I've done some researching. I'll get a lawyer to help me out. Thanks to everyone for helping me!

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    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
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    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:


      2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis


      2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.

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      First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date. 

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      I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.

      It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.

      Another option would be to file for an increased rating, but to do that you would need to meet the criteria for 60%. If you don't meet criteria for a 60% rating, just ensure you still meet the criteria for 30% (using daily inhaled steroid inhalers is adequate) because they are likely to deny your request for increase. You could attempt to request an earlier effective date that way.

       

      Does this help?
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      The sounds of tinnitus may vary with the person experiencing it. Some will hear a ringing, while others will hear a buzzing. At times people may hear a chirping or whistling sound. These sounds may be constant or intermittent. They may also vary in volume and are generally more obtrusive when the sufferer is in a quiet environment. Many tinnitus sufferers find their symptoms are at their worst when they’re trying to fall asleep.

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