Need advice on ending fiduciary requirement

[Time]

Background.

I'm rated 100% P&T since 2006, backdated to 2003 due to CUE for Depression/Anxiety and Dementia due to trauma(old TBI rating criteria). The old Hadit site and forum was instrumental in helping me with my claims (I couldn't get my old account back). But, they deemed me to be incompetent to handle my funds and withheld my backpay which was considerable. Having been bankrupted by private medical bills to diagnose me and prove my claims, I could not appeal and wait for months to receive a new ruling and my backpay without losing my house which was in default. Ironically it was financially prudent and expedient to just get my wife as fiduciary to get our bills paid so we didn't lose the house.

I'm a felon so the firearms restrictions are not an issue and the check going into our bank account is used the same regardless of who's name it's under so that's not an issue. But my wife and I are getting older and if she dies before I do, as my fiduciary, and this is not resolved it will cause delays to my benefits. and other problems. However, if I die first her transition into DIC benefits shouldn't be an issue.

I'm not sure how to file this as it's been so long. Do I file a new claim or re-open as a supplemental Claim? I have to have new evidence to file a supplemental claim so do I just get somebody to say I am competent?

 

I'm not sure where to start but nobody but the VA thinks I'm incompetent for VA purposes. SSDI is fine with me handling my own affairs. Any guidance would be helpful.

[broncovet]

Very good question, and welcome back to hadit.  May I ask your old handle?  

Does the VA have "medical evidence" that you are not competent to handle finances?  That is, did a doctor say you are "not competent"?  

That's a big deal, IMHO.  If the VA "does" have this evidence, then the way to refute medical evidence is more medical evidence, that is, another doctor who would dispute that you are not competent to handle finances.  

If VA lacked the evidence, then I may suggest contacting NVLSP and ask them for help.  

NVLSP. https://www.nvlsp.org/

If NVLSP can not/will not help you, then you may try appealing it on your own, but since its probably more than a year, its a real problem.  

Try reading this:

https://www.woodslawyers.com/incompetent-vets-and-fiduciaries/

Its my opinion, you probably are going to need legal help.  NVLSP should be no cost if they accept you as a client for this, but I can not say about other law firms.  

A possible alternative, if all else fails, would be to ask your wife to designate (you) an alternate, in the case of her death or incompetence.  You could/should discuss these issues with attorneys.   This is a pretty big problem to take on your own.  There was a scandal about this years ago, and I doubt that it has ever been fully resolved.  

[Time]

Thanks for your reply Broncovet. I believe my old handle was also "Time" with or without the capital T. I'm not sure.

They have a C&P exam that states that "he may forget to pay his bills". No one, other than a rating specialist, has used the words "not competent, or incompetent". Nor has it been suggested that I am a danger to anyone, including myself. 

The VA fiduciary folks, case managers or whatever, that call every few years to check up suggest without prompting that I file a claim. Not one of them thinks I need a fiduciary and say so.

Thanks for the links. I'll read up more and contact NVLSP. It was a very long, very hard and very stressful process to get to 100% through the claims process. Frankly, I have been reluctant to fight with the VA anymore. I sure get tired of it but it's gotta be done. 

[Time]

I called VA and talked to someone in claims and also someone in Fiduciary. They insisted the only way to get a re-evaluation is with my VA pcp. In other words, with new evidence. I'm sure, at least I hope, that my private care provider that is treating my cognitive issues could also be used. Yes, I'm paying for treatment for my service connected injury outside the VA. 

So, I have made an appointment with my VA PCP at the Clinic for tomorrow morning. My wife/fiduciary will go with me. I'll explain the situation and see what he has to say. It's time to get the ball rolling so I'll start gathering new evidence. I'll talk to my treating NP at my next visit.

 

[Dot09]

Like bronco said contact your pcp dr to write a statement that you can handle financial affairs. What made them decide in the first place that you couldn’t handle your affairs? I had ssa at first say that but had my psychiatrist write otherwise. I wish you the best of luck.

[Time]

Thanks Dot09. When I was finally able to prove I had a head injury in service(they claimed no record of injury after never requesting the records, thus the CUE) and deficits due to the injury, my claim was approved but rater withheld funds being paid until competency is determined. There was no question of competency by anyone, health care professional or otherwise up to that point. He ordered a C&P exam. We know how those go and this was no different.

So, it turns out that my pcp has been through the process of getting a case like mine reversed successfully. With his prior vet, he said the only evidence that would sway reviewers was neuropsychological testing. So, that's what he ordered, neuropsychological testing to determine competency for VA purposes.

He's right of course. Neuropsych testing proved my TBI claim. Of course, I'm aware it may also prove that I am in fact, not competent. I'm pretty confident though. Will just have to wait for testing and results. This is moving along much faster than I thought it would.

[Dot09]

Just keep us informed and will do the best to help you out.