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      The following is on my About page, but some have been asking how this all happened. So here is my little story. Tbird US Navy 1983 – 1990 E-6 HadIt.com the website domain registered Jan 20, 1997 the domain is registered and paid for through Jan 21, 2023 at which time I plan to register it for another 15 years Lord willing and the creek don't rise. I guess the best place to start is Jan 1991; I had gotten out of the navy Dec 1990. At my separation seminar, there was a DAV rep Jim Milton he told us to bring our medical records in and he would look through them for us and let us know if we should file a claim with the VA. Well, bless his heart, he opened my medical file, reads the first insert, looks me straight in the eye, and says you will be 50% for the rest of your life and he would file the claim for me. 50% was for surgery I had in the service. True to his word he met with me and talked with me for a long time filled out my paper work and urged me to file for PTSD. I would not file the PTSD claim, nor even discuss it. By Feb 1991 I had moved to the San Francisco bay area and was staying at a friends apartment and pretty much I was just a puddle. In desperation one night I called suicide hot line, I had no job, no idea about going to the VA. They talked with me for a long time and explained to me that I could go to the local VA hospital even if I did not have insurance. Now, I know what you are thinking if I was 50% why didn't I just go to the VA in the first place, two reasons 1, this was Feb 1991 and the 50% didn't come till May and 2, even if it had come through it is unlikely that I would have had the mental acuity at the time to put the two together. I relate this here because it is where so many of our brothers and sisters are coming from, perhaps where you started. Fuzzy and unsure, in pain and sometimes homeless they come to the VA hospital for help. And that is where I ended up. Up to the pysch ward I went, blah, blah, blah, a few days later I was released with a promise of a call from the out patient program, which I would soon be entering. Blah, blah, blah, after many missed communications, and no call backs I was at the Day Hospital everyday M-F. And this brothers and sisters is where I began to learn and formulate my plan for HadIt.com. Veterans, veterans everywhere…I spent a year in the day hospital and about another year at a sheltered workshop before I got back on my feet. So I just talked to veterans everyday waiting for appointments, waiting for prescriptions, waiting for a vet rep and I started to learn the system. While in the navy I was data analyst and had to learn a 5 volume manual and just about anything you were suppose to do was in that manual. So I figured there must be a manual on how to do a VA claim or at the very least regulations. 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So taking my lesson from the squirrels earlier I started to gather, gather, gather…and learn HTML and work as a marketing systems analyst and work my claim. 1996/1997 major PTSD cork blows and unemployed. Working my claim, working the website. 20 Jan 1997 register HadIt.com domain name right after getting off the phone with the VA and saying I've had it with this. As fate would have it the old DAV board goes down just as mine opens up and folks start to wander in. So HadIt.com has two main components the website which supports the discussion board with links, articles, research resources etc. The website starts to grow, I can't tell you how many times I had to switch servers for space and features. I continue on a downward trend and in 1998 ended up back home in St Louis living in my sisters basement in therapy and working it, I swear I would have swung a dead chicken around my head at midnight naked if I thought it would have helped. The website continued to do great during this time, I just stayed in the basement bought new software, new books, and learned how to make things work and I continued to use this knowledge to make HadIt.com better. My 100% finally came through from the VA and I had a friend who is an advocate who helped me thru my SSDI claim, he was literally at my side thru the entire process and that came through for me. My therapist and sister continued to try and get me to leave the basement, but to no avail. At some point in 1998 or 1999 I put a counter on the website and was shocked to discover how many visitors we were getting. Time goes by my sister gets married and I move from the basement to the upstairs, there is much celebration that Aunt T is living in the light again. More time goes by and I settle into my life in St Louis and spend more time on the site trying new things, finding more information. 2003 I buy my own home VA loan. For years now I have just considered HadIt.com my job and I get up every morning go to the office and work for several hours, take an afternoon break and see where the rest of day takes me. I have a place in the office to use the computer and a comfortable to place to read journals and articles and take notes. Blah, blah, blah so that is my story and HadIt.com's intertwined.
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      VA Training and Fast Letter Forum Index The following is the index with links to the various Training and Fast Letters plus a few miscellaneous. These letters are not necessarily in the original formatting. I have tried to present them in an easy-to-read form instead of some forms as originally presented. Some of the paragraphs were WAAAAYYY too long. lol - HadIt.com Member fanaticbooks Something to be aware.... Some of these letters may be rescinded, outdated, or otherwise no longer viable. I have still included them because sometimes they provide additional insight or just plain more information than the newest version. Use them wisely. The oldest letters will display at the bottom with the latest letters displayed at the top, all in sequential numbers. Coding of the letters... FL = Fast Letter TL = Training Letter First two numbers = last two digits of year of origin Training Letter http://www.hadit.com/forums/index.php?/topic/40694-va-tl-00-07/ http://www.hadit.com/forums/index.php?/topic/40693-va-tl-00-06/ Fast Letter Number Title http://www.hadit.com/forums/index.php?/topic/44262-va-fl-11-15/ http://www.hadit.com/forums/index.php?/topic/44260-va-fl-11-13/ http://www.hadit.com/forums/index.php?/topic/44261-va-fl-11-11/ http://www.hadit.com/forums/index.php?/topic/44310-va-fl-11-09/ http://www.hadit.com/forums/index.php?/topic/42151-va-fl-11-03/ http://www.hadit.com/forums/index.php?/topic/40957-va-fl-10-49/ http://www.hadit.com/forums/index.php?/topic/40958-va-fl-10-46/ http://www.hadit.com/forums/index.php?/topic/40959-va-fl-10-45/ http://www.hadit.com/forums/index.php?/topic/40960-va-fl-10-42/ http://www.hadit.com/forums/index.php?/topic/40961-va-fl-10-39/ http://www.hadit.com/forums/index.php?/topic/40962-va-fl-10-35/ 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  • 0

100% Disability With Proposed Incompetence

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Posted · Report post

I hope I post this right. The page has changed since the last time I came here.

Well, after 9 months I have been found 100% disabled due to psychological problems. I also got rated for a ton of other stuff but that does not matter because of the 100% They also gave me the housebound allowance so the whole thing comes out to like $2829.00 a month. They wrote in there that there is a proposed case of incompetence. They also said that an appointment will be set at a later date to determine the severity of my symptoms. I have read about as much as I can about being found incompetent and having someone else ( which in my case would probably be some appointed person because I do not have familiy ) administer my personal affairs. I guess I am just hoping that someone who really knows about this can give me some facts. The things I have read are kind of not clear as far as what really happens step by step in a case like this.

I would like to ask that there not be to much posting about how much the system trys to screw you or how messed up it is. I dont mean to be mean about it, but it does not help too much. When I think about this possibly happening, I dont feel so well on the inside. So, I would appreciate it if someone with information could take the time to share if they can. Thank you.

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20 answers to this question

Posted · Report post

Nek, bless you Veteran and I am glad that the VA is providing for you.

Do you need to understand how the incompetenece rating works and will affect you?

Did the VA or your VSO describe anything in a letter to you about what is supposed to happen next? Thats important to know what the VA is preparing to assist you with.

We'll keep you on the radar and research your question. God Bless, cg

I hope I post this right. The page has changed since the last time I came here.

Well, after 9 months I have been found 100% disabled due to psychological problems. I also got rated for a ton of other stuff but that does not matter because of the 100% They also gave me the housebound allowance so the whole thing comes out to like $2829.00 a month. They wrote in there that there is a proposed case of incompetence. They also said that an appointment will be set at a later date to determine the severity of my symptoms. I have read about as much as I can about being found incompetent and having someone else ( which in my case would probably be some appointed person because I do not have familiy ) administer my personal affairs. I guess I am just hoping that someone who really knows about this can give me some facts. The things I have read are kind of not clear as far as what really happens step by step in a case like this.

I would like to ask that there not be to much posting about how much the system trys to screw you or how messed up it is. I dont mean to be mean about it, but it does not help too much. When I think about this possibly happening, I dont feel so well on the inside. So, I would appreciate it if someone with information could take the time to share if they can. Thank you.

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Posted · Report post

I guess my question is...what happenes? I have not gotten a letter saying I am incompetent. But in the award box, it says $2828 withheld due to proprosed incompetency. I dont know if this means that they are going to see if I am incoptetent, or if they have decided. They have not said anything about what will happen next. It only says that an appointment will be set up in the future to see how bad my symptoms are.

Incompetence means that I do not know what is going on. I know what is going on. I am kind of messed up becuase of my affliction but that does not mean that I am going to give my money away, or not pay rent, or live under and overpass. I am just sick. I dont really leave the house, and I dont make a lot of friends. But that is not incompetent. I live with my girlfriend and she loves me. I pay bills, cook food, help clean (well she would not quite agree about the cleaning ) but the point is that it just bothers me. I kind of did not want to get into this part of the conversation on line, but it kind of feels good to get it out of my system. It is not quite the kind of thing you have in conversations with people. I guess I have a little bit of confidence that people here wont make me out to be some freakshow exhibit. I know there are tons of messed up people here, so it is more of a safe forum to talk about things.

Thanks for reading, and answering

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Posted · Report post

Nek:

When I had a C&P for PTSD the examiner asked did I know the

monthly cost of various things ...ie ins., newspaper, elect.

anyway you get the ideal.

The wife pays all the bills so I did not know what anything costs.

The examiner was busy writting everything down. I knew from reading

on Hadit where this was heading (incompetency), so I told her that I have a small checking account from which I paid my credit card.

Well she crossed out what she had wrote and wrote a couple more lines.

Bottom line I was rated 50% with a GAF of 42, and because of my other disabilities TDIU.

In the end I think that you need to show that you can manage your own affairs by paying your bill on time.

Just my experience.

Dobie

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Posted · Report post

I do know its the weekend, so just relax and lets see how it goes. Myself, I process slowly, but I'm glad have a VSO and my freinds here at Hadit. It all takes time, so I ask questions especially when I get paperwork with deadlines, take&print my notes, then sleep on it. The next day I ask more questions; then I take time off for family and me!

First, since you say the letter says 'proposed' incompetency, it sounds like there are some hoops the VA isnt finished jumping over. If I read the regs right, could mean there is a meeting or hearing in the future. CFR 38 and M21-1.pt.4

Next, Do you have an appointed 'representative' or have you been able to find someone to help you? I'm guessing meanwhile, it could be that the VA is being protective of your compensation until they are sure all is well.

best to ya, cg

I guess my question is...what happenes? I have not gotten a letter saying I am incompetent. But in the award box, it says $2828 withheld due to proprosed incompetency. I dont know if this means that they are going to see if I am incoptetent, or if they have decided. They have not said anything about what will happen next. It only says that an appointment will be set up in the future to see how bad my symptoms are.

Incompetence means that I do not know what is going on. I know what is going on. I am kind of messed up becuase of my affliction but that does not mean that I am going to give my money away, or not pay rent, or live under and overpass. I am just sick. I dont really leave the house, and I dont make a lot of friends. But that is not incompetent. I live with my girlfriend and she loves me. I pay bills, cook food, help clean (well she would not quite agree about the cleaning ) but the point is that it just bothers me. I kind of did not want to get into this part of the conversation on line, but it kind of feels good to get it out of my system. It is not quite the kind of thing you have in conversations with people. I guess I have a little bit of confidence that people here wont make me out to be some freakshow exhibit. I know there are tons of messed up people here, so it is more of a safe forum to talk about things.

Thanks for reading, and answering

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Posted · Report post

I might be wrong but I would fight like hell the VA or anyone labeling me incompetent. As mentioned, if you say I don't know, my wife pays the bills. That's about all VA needs to say he is

incompetent. Couple of write ups from Shrink or Vet Center doctor, etc. would be a good start in changing this decision. Also the person in charge of your funds, at some point, will have to account for how they spent your money.

Good Luck,

Don

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Posted · Report post

The incompetence thing is going to hold your money up. Do you have a spouse or family member that you trust to help you manage your money?

If you can show that even though you have had hard financial times you can probably prove enough competency to manage your own funds.

One thing for sure is do not let the VARO appoint one of their hacks to manage your funds or a lawyer.

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Posted · Report post

Nek,

If it comes to that - how about the girlfriend? Any chance she'll become your wife? That would give you and her more legal footing, I believe (this is ONLY speculation on my part). I'd trust my spouse if it came to that but I hope it never does.

My experience w/ the incompetency portion of the C&P exam was prettu much the same as Dobie's. She asked me if I knew what my bills were and I said yes, that I paid them online. End of dicussion and she put "yes" I was competent for VA purposes.

I know what you mean about hadit being a safe forum. Just knowing there are other vets on the board with mental disabilities is a comfort for me.

Hang in there and keep us posted on how this plays out for you,

TS Snave

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Posted · Report post

nek -

welcome aboard! i'm tbird the webmaster for this site and i am here to tell you that many of us have been where you are. a good point was made about the girlfriend becoming your wife and doing it if you trust her, perhaps when you go to see the pysch doctor the c and p examiner set up for you, you can ask him for a referral to a social services person or therapist someone you can talk it out with that is sort of removed from the whole process. i am blessed i have several nieces and nephews that help me with just about everything except the website. i often tell them i am a one trick pony - i can do the website, but day to day life not so good.

i am hoping someone who has gone through this will chime in with some advice or experience with the whole situation. again welcome aboard brother.

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Posted · Report post

VA "incompetence" in many cases is a good protection for a disabled vet- it does NOT mean that some long lost relative can come and get your stuff-

You have every right to appeal any VA declaration of incompetence- but in the long run- I would think VA could not mess around with your comp in the future if they say you are incompenet due to SC.

Pete is RIGHT- a good friend of mine waited for MONTHS for the VA to send someone to his home to see if his wife was competent.

She was a professional Mental Health Care worker-

it took months for him to see the retro-

due to his mental disability the VA did do the right thing- he would have spent the retro in a weekend and he knew it-and was grateful that his wife could handle this-

But they waited quite some time for the comp to arrive in her name in his behalf.

You have already waited for this decision so I feel you can wait this all out-

and if you want to appeal this -as others said- get a good vet rep to help you.

And if yuou havent applied for SSA do that too- if you fit into the SSA disability criteria you can get both the VA comp and SSA disability at same time.

SSA migh also declare you incompetent-they did in my husbands case-

VA said he was competent but SSA said he wasnt.

SSA called him and told him they were proposing to make me the SSA check receiver but that he could appeal this with SSA if he wanted to- but he said no he liked it-

It took just that single phone call to square that away-

and to accept me as his SSA check recepient.

It will take much longer with the VA.

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Posted · Report post

Being awarded Housebound MAY have triggered an automatic look by the raters to evaluate whether or not you are capable of handling your affairs.Sometimes there is evidense in the medical records that will cause VA to have this fiduciary evaluation of your claim. The VA will schedule an appointment to meet with you and to aid them in making a determination. You need to be cooperative in interviewing/meeting or this could drag out for a bit.

If your doctor thinks your ok to handle your money, get a letter from your Primary Care Physician that says you are capable of making financial decisions for yourself. Tell the doctor you got your award and that you need his statement to send in.

If you are truly OK to handle your funds ( which it sounds like you are), write a letter and tell the VA just that. Tell the VA you do not require the aid of an fiduciary appointee. That way they know that you can read and comprehend what they are possibly proposing.

By sending the doctor's statement and your letter in right away you may be able to eliminate the wait as they do the "due process" letters and set in motion a much longer process.

Good Luck-Hope this helps a little

Jangrin

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Posted · Report post

I have ben found incompetent for VA purposes. I'll try to answer your questions.

The proposal by the VA to find a person incompetent for VA purposes works about the same way as a claim, proposal to decrease a rating or whatnot. You have 30 days to object to the proposal.

As far as what it means to find a veteran incompetent, it has only to do with the veterans ability to handle finiances. However, if found incompetent there are other factors involved. The name of the veteran will be sent to the FBI and that veteran will be barred from purchasing firearms. There will also be increased scrutiny at airports and such.

If you object to the proposal you will be given a C&P. The examiner will give an opinion on your competancy. A rater will make a decision based on this and past exams. If you are found competent that is the end and backpay will be released.

If you are found incompetent for VA purposes, you can request a fiduciary of your choice, or one will be appointed. If you request a fiduiciary of your choice then a field examination will be given at your home with your requested fidiciary. If the fiduciary is approved, your funds will be realeased to that person. If a fiduciary is appointed, the fiduciary will deduct a percentage of your award as payment for the job. I do not know exactly how the proccess works if a fiduciary is appointed for you.

This proccess is long and drawn out. If you plan on disagreeing with the proposal and can show hardship, you will want to request that your monthly beniffits be released to you. They should only hold backpay untill a fiduciary is established.

Chances are, a C&P examiner gave the opinion that your incompetent for VA porposes. I recomend getting a copy of your c-file and seeing for yourself where this proposal came from. It will give you an idea of what to expect for the C&P for competency.

Hope this answers some questions for you.

Time

Competency issue is highly subjective.

A C&P examiner opinioned that I am not competent due to memory problems.

The field examiner (case manager) opinioned I am competent. I am the President of a non-profit organization (volunteer) and have the checkbook for it.

A second C&P examiner was wishy washy about the subject but stated I may forget to pay bills.

Found not competent for VA purposes, wife was appointed fidiciary.

SSD did not propose incompetency for me but did for my wife(who is my fidiciary) for her SS benifits.

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Posted · Report post

They wrote in there that there is a proposed case of incompetence. They also said that an appointment will be set at a later date to determine the severity of my symptoms.

Looks like what happened is they have found you totally, but not permanently, disabled. As the last poster has noted, you may disagree with the proposed incompetency, and you need to do that within 30 days. They will not necessarily order another examination, you can avoid that by getting a letter from your doctor stating that you are capable of managing your VA benefits. My concern is the "appointment which will be set at a later date." That means that you are scheduled for a future review examination, and your 100 percent is not permanent. You did not get awarded Chapter 35 did you?

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Posted · Report post

I put this in here to clear some questions and give more information. I am still not clear if they are still making a decision on incompetency, or have made the decision. Then someone who posted made me think about the permenant part of this. Below they said something about additional information for Veterans with sevice connected permenant and total disability.I am kind of afraid to jump the gun and fire off some letters. I guess I am just trying to play it cool. Thanks for the replies and support. Also the poster who asled about chapter 35, I dont know about that.

You filed an original disability claim that was received on June 14, 2007. Based on a review of

the evidence, we have made the following decision(s) on your claim.

This letter tells you about your entitlement amount and payment start date and what we decided.

It includes a copy of our rating decision that gives the evidence used and reasons for our

decision. We have also included information about additional benefits, what to do if you

disagree with our decision, and who to contact if you have questions or need assistance.

What Is Your Entitlement Amount And Payment Start Date?

Your monthly entitlement amount is shown below:

Total Award Amount

Amount Withheld

Monthly Enti tlement Amount

Payment Start Date

Reason For Change

$2,766.00

$2,766.00

$0.00

Aug 1,2007

Original Award, Withheld Due To Proposed Incom petency

2,829.00

2,829.00

0.00

Dec 1,2007

Cost of Living Adjustment, Withhold ing Due To Proposed Incompetency Continues

When Can You Expect Payment?

Your payment begins the first day of the month following your effective date. You will

receive a payment covering the initial amount due under this award. minu s any withholdings,

in approximately 15 days. Payment \"'i11 then be made at the beginning of each month for the

prior month . For example. benefits due for May are paid on or about June I .

Why Have We Withheld Benefits?

We are withholding your award of service-connected disability benefits, due to the proposed

finding of incompetency.

What Did We Decide?

1 . Service connection for bipolar I disorder with psychosis consisting of paranoid delusion

and both auditory and visual hallucinations, with sleep disturbances (claimed as psychotic

disorder, delusional disorder, depressive disorder, and personality disorder) is granted with an

evaluation of 100 percent effective July 23, 2007.

2 . Service connection for left arm radicuitis (claimed as left shoulder paresthesia) (nondominant)

is granted with an evaluation of 20 perce nt effective July 23. 2007.

3 . Service connection for chronic lumbar strain with thoracic spondylosis is granted with an

evaluation of 10 percent effec tive July 23, 2007.

4. Service connection for right shoulder sprain with osteoarthritic changes in the

acromioclavicular joint (also claimed asarthralgia) (dominant) is granted with an evaluation

of 10 percent effective July 23. 2007.

5. Service connection for left shoulder sprain with osteoarthritic changes in the

acromioclavicular joint (also claimed as arthralgia) (non-dominant) is granted with an

eva luation of 10 percent effective Ju ly 23, 2007.

6. Service connection for cervical sprain with degenerative disc disease is granted with an

evaluation of20 percent effec tive July 23. 2007.

7 . Service connection for bi lateral tinnitus is granted with an evaluation o f 10 percent

effective July 23. 2007.

8 . Serv ice connection for hypertension is granted with an eva luation of 0 percent effect ive

July 23. 2007.

9 . Service connection for palpitation with chest pain is denied.

10 . Service connection for eczema of groin and bilateral feet is denied.

11 . Service connection for obsessive compulsive disorder is denied.

12 . Service connection for temporomandibular joint is denied.

13 . Entitlement to special monthly compensation based on housebound criteria being met is

granted from Ju ly 23, 2007.

14 . A finding of incompetency is proposed.

An examination will be scheduled at a future date to evaluate the severity of your service

connected bipolar I disorder with psychosis consisting of paranoid delusion and both auditory

and visual hallucinations, with sleep disturbances (claimed as psychotic disorder, delusional

disorder, depressive disorder, and personality disorder).

Your overall or combined rating is 100%. We do not add the individual percentages of each

condition to determine your combined rating. We use a combined rating table that considers

the effect from the most serious to the least serious conditions.

We have enclosed a copy of your Rating Decision for your review. It provides a detailed

explanat ion of our decision, the evidence considered, and the reasons for our decision. Your

Rating Decision and this letter const itute OUf decision based on your claim received on

June 14, 2007. It represents all claims we understood to be specifically made, implied, or

inferred in that claim.

We enclosed a VA Form 21-8760, "Additional Information for Veterans with ServiceConnected

Permanent and Total Disability," which explains certain factors concerning your

benefits.

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Posted · Report post

I put this in here to clear some questions and give more information. I am still not clear if they are still making a decision on incompetency, or have made the decision. Then someone who posted made me think about the permenant part of this. .....Also the poster who asled about chapter 35, I dont know about that.

Why Have We Withheld Benefits?

We are withholding your award of service-connected disability benefits, due to the proposed

finding of incompetency.

What Did We Decide?

1 . Service connection for bipolar I disorder with psychosis consisting of paranoid delusion

and both auditory and visual hallucinations, with sleep disturbances (claimed as psychotic

disorder, delusional disorder, depressive disorder, and personality disorder) is granted with an

evaluation of 100 percent effective July 23, 2007.

14 . A finding of incompetency is proposed.

An examination will be scheduled at a future date to evaluate the severity of your service

connected bipolar I disorder with psychosis consisting of paranoid delusion and both auditory

and visual hallucinations, with sleep disturbances (claimed as psychotic disorder, delusional

disorder, depressive disorder, and personality disorder).

I cited the applicable parts of your post. In decision number 14, a finding of incompetency has been proposed. That is different from a final action. They are giving you a 60 day period of time to disagree with the proposed action. They will not pay you until the final action is taken, and a guardian is set up for you, and then they will pay the guardian, not you. It could take a minimum of 120 days for you to see any money at all.

If I were you I would not permit the finding of incompetency to become final without a fight. To fight it, you would write a letter stating that you "disagree with the proposed finding of incompetency" (use those words) and then go to your mental health care provider and ask for a statement from them which indicates that you are "competent to manage your VA benefits" (again, use those words). Then submit the statement as soon as you can, but certainly within 60 days of the date on the letter you just received.

Just as I suspected, you are totally disabled, but not permanently. You will have to undergo a review examination at some time in the future in order to determine if you still warrant an evaluation of 100 percent. That review examination can be scheduled any time from one to five years in the future. It will be just like the examination you underwent for your current evaluation, and it will help your case if you are not working while you are 100 percent.

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Posted · Report post

entropent - couldn't NEK go ahead and fight for P&T since the Decision was Aug 2007? I know the compentency issue is separate from the permanent issue but seems to me if they are going to exam NEK again then they may as well do so for both issues, especially since bipolar is a lifelong illness.

NEK -

1. How long have you been bipolar? If it's 5 or more years you may want to consider putting in a NOD and request a permanent rating (which is a separate issue from the competency rating). I am bipolar (over 25 years) and in my NOD for a rating increase I requested P&T (permanent and total) because I met the criteria and the C&P examiner noted the long term nature of my illness and my IMO shrink made other comments about the long standing problem I've had and how bipolar doesn't resolve over time but only gets worse (sorry if that hits you as hard as it did me when I read that in my IMO).

I assume you only have psychosis during the height of your maina because that's my experience. If that is the case, and if you do manage your finances on your own, you may want to stress that you manage your finances between episodes of depression and mania. I told the C&P examiner that I paid my bills on line and it didn't matter if I was depressed and not leaving the house because I could still pay them and since my mania never lasted more than a week or so and you always have a 2-3 week window to pay your bills that I was able to pay them on time despite my bipolar disorder. I would never claim to be able to do anything manic other than look and sound like a raving lunatic but fortunately there is a lot of "murky middle" between episodes. If this is your case, perhaps clarifying how it is and when it is you pay your bills would be helpful. Also, make sure you know what bills you have and how much they are and when they are due. If you have good credit, print off a credit report and send it to the VA as well. Don't take one w/ you to a C&P exam, the examiner won't look at anything that's not in your record (that was my experience though others have had docs that would look at stuff outside of your c-file I'd play it safe and send it to the VA so it's in your C-file). You can get a free credit report at www.annualcreditreport.com. If you have good credit and not too many credit cards with high balances it may help as well, especially since bipolar patients are known to spend money while manic. If this would hurt your case more than help it, ignore the suggestion.

2. Who "claimed" personality disorder? In your thread it states ".....(claimed as psychotic disorder, delusional disorder, depressive disorder, and personality disorder)...." I'm confused by that. I know bipolar symptoms overlap with other mental illness but am unclear on who claimed what and how it got evaluated as "bipolar I disorder with psychosis consisting of paranoid delusion and both auditory

and visual hallucinations, with sleep disturbances". What was your original claim for?

3. WOW!!! Original claim submitted June 14, 2007 with original Decision August 1, 2007 - you gotta be a OEF vet or live in some other twighlight zone than the one I live in w/ the VA, that's less than 2 months for an original Decision and they awarded 100% out of the shoot - it took them over a year to give me my first Decision and then it was a denial because they ignored evidence (letters from the shrinks who treated me on active duty - one of them was still in the Army and they still ignored the evidence in the first round though they did acknowledge it after I sent in an NOD).

Good luck w/ your claim. Keep us posted on your progress.

Thanks,

TS

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well, the funny thing about the bi polar is that the VA doctor pulled that out of his butt. There is nothing in my service records about bi polar, I was never treated for bi polar. My origianal diagnosis from my doctor is delusional disorder with paranoia. But in my C&P the doctor kept saying bi polar.

I have prepared a letter for the VA. In it I state my bills, what they are, how much they are and that I pay them. The thing is that I am not incompetent. I can see how some other doctor picking up my file could maybe see that without talking to me. That is why I am trying to get a way for them to give me a meeting or hearing. I am quite sure that if they were to talk to me they would see things differently. I am even prepared for them to lower it.

Another complication for me is that I live in Mexico with my girlfriend. I dont have a doctor here because I can barly afford to live. I get some money from the ARMY because I am on the TDRL. But when it is all said and done I have about $250 for everything after taxes and bills. It seems strange to me that they can say that I am incompetent after I can take abot $650 a month and take care of everything.

I am a bit concerned because as you see there is no actual notification in the letter saying that I have 65 days to repsond. I am afraid of jumping the gun and maybe making things worse. I am trying to keep the stress down and under control so I do not make a hasty decision.

Thanks a lot for all of the information so far. If there is more that people have to say please keep posting. This is not just form me, but for others looking for information. Especially new people coming into the system because of the war.I think that this may become more common with time.

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TS, if NEKOIINU is newly discharged from the military and on TDRL, then there is zero chance that permanency will be conceded at this time.

NEKOIINU, since you are not seeing a medical provider, the statement of your C&P examiner, who apparently provided a medical opinion that you are not competent to manage your VA benefits, will prevail. You need another medical opinion to challenge it, a letter from you citing your bills will not do it, because the rater is required to follow the prevailing medical opinion.

If you are in Mexico and not under care this is a real problem. Bipolar (or delusional disorder with paranoia, if you prefer) is a serious condition and requires medication. You need to see someone. You are willing to report to the Regional Office for a hearing, so why not report to the VA hospital for treatment? And that way you can get a competing medical opinion for your incompetency.

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Posted · Report post

(disregard second post, I posted the same message twice by accident)

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I sure that the VA has already made their decision. That letter is just letting you know that your are they had found you incompetence. Because of the current VA reg., they have to allow you to prove them wrong. I will rather you accept their decision, especially when you are going to hardship. I am 24 years old, and the VA found me incompetence, this means that I can not own a gun, or travel more often. Well, because of HS, I accepted it.

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If a vet gets SSI or SSA disability and SSA or SSI has not declared them incompetent I would think this is evidence that can rebutt a VA competency declaration.

Best thing of all is to get a real doctor's opinion to rebutt this with- or at least fight this on paper with them-the best way you can-

it is really just VA BS- doesnt mean much unless you have no spouse or trust no one else to handle your money-for you-

and this stuff can hold up a claim for months longer than it should-

I think anyone here who is getting an IMO for any mental disorder should ask the IMO doctor to state that they are competent to handle their funds in the IMO--it could cut off this incompetency crap right at the pass.

This competency stuff has protected many vets who would otherwise just piss away their comp-

on the other hand I often wonder if the VA invests the woney they hold back on these awards and collects interest on them-

that the vet never sees- of course they dont do that-

but it is one more way to he VA to hold onto yo

your money.

They dint seem to care if a vet is competent or not until there is a big retro check they have to send out.

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