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.

[Time]

Update.

My neuropsych evaluation for competency is complete and favorable. Dr states I am able to attend to my finances. My PCP's nurse called today to get my fiduciaries information and I assume he called and asked for an opinion from her. My wife isn't home to ask so I'm not sure. He(nurse) called back awhile later and said he had information on how to proceed for me to pick up. I'll get it tomorrow and I think it will be filing a claim with new evidence. 

My copy of my c-file is old, like 2005. I suppose I better request a modern copy even though I haven't had any claims activity since. Never know what it might contain that I'm unaware of.

Anyway step one, medical evidence, is complete. I may wait until I've reviewed my updated C-file to start a claim so I can get anything else I might need to refute anything I may find in there. Shouldn't be anything but I know better than to trust.

[broncovet]

Evidence wins claims.  Its sometimes, however, good to have a backup plan with VA, since it can take a very long time, as you know.  

Of course, I have no idea if it will take longer than you/your spouse will survive, but I do know that

you would not be the first Veteran to pass with claims pending if this is the case.  

Therefore, if your spouse is on board with this, consider asking her to name an alternate fiduciary of your choice, 

such as your son or a trusted friend, in the event of her death.  

While you are on the topic of estate planning, Im guessing you have covered "other things" other than "just" the fiduciary part,

even tho that may be primary on your mind.  If not, this would be a good time for you and your spouse to discuss an estate plan.  You can get an attorney if you like, or financial planner if your finances support that.