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Ptsd 100% P & T Incompetant Veteran


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#1 lori

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Posted 05 December 2008 - 05:15 PM

Hello,
My brother was awarded PTSD 100% P & T disability this year. He was diagnosed incompetant in 2002. He is now asking if he can be proven competant to manage his money and not be told how to spend it by VA. Would it affect his rating? Is this possible and if so, can anyone advise how to go about it.
Thanks

#2 lori

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Posted 05 December 2008 - 10:20 PM

He started out at 50% non service connected disability. He was granted disability pension benefits October 2000. He was also found incompetent in December of 2001 by VA. He was granted 100% Permanent & Total Disability in July 2008. He is still waiting on his Retroactive Payment. I have been taking care of his affairs since 1999. I was appointed Federal Fiduciary in 2002. Now for the new award I must get a surety bond?

#3 Josephine

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Posted 05 December 2008 - 11:03 PM

Lori,

I was rated 100% P&T by Scheduler and the examiner at the VAMC did have to place into my C&P that I was competent to manage my own affairs.

You will need to check with his doctor to see if he is competent to manage his own money.

Always,

Betty

#4 Pete53

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Posted 06 December 2008 - 06:04 AM

Lori:

You will need to pay for the surety bond with your Brothers money. Trust me it is probably better that you are helping him. As far as getting permission to spend money that should not be to hard as he is going to have a lot of money when he gets his retro.

Do you think that your Brother can manage his money that would go a long way if he requests to handle it himself.

Good Luck

#5 Tayo

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Posted 06 December 2008 - 08:44 AM

Lori,

I agree with everyone else. To me,,, the first good news is that he has been rated 100% P&T. With that, even though the condition is PTSD, he can still be "competent" to handle his VA benefits.

Yes, the competent issue can be changed to his favor. Still, you have been caring for his funds since 1999. As the others say, the doctor can write a letter and You will have a big part in supporting the decision of your brothers ability to handle the benefit.

With that said,,, do you actually believe your brother to be capable of handling his VA benefits?

In this case, I believe it important to evaluate why he was rated incompetent (there is a process the VA goes through in making such decision). Further, try to see why his providers felt him to be incompetent at the time. As stated above, they can write a letter but before they do, they may set a time to monitor him and they would ask for your input. To his providers, your input carries a lot of weight (since you are with him, etc.)

Thus bringing back the main question,,, do you actually believe your brother is capable to handle his VA benefits?

Okay, I wish you well,,,

Tayo

#6 Bonnie

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Posted 07 December 2008 - 04:57 AM

I, also have been recently rated as incompetent. I have not yet received my grant yet but expect it any day. Do I have to wait to get a fidicary or will they give me my money when I am approved? Should I appeal this right away or will the process hold up my money or should I appeal it later? I have so many questions what ever info anyone could give me would be appreciated. Thank you Bonnie

#7 lori

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Posted 09 December 2008 - 09:24 PM

Yes, I do think he can manage his money although he does like my input. I discuss every money with him, he tells me how he wants to spend it, etc. The problem with him being incompetent is that all of his monies have to be approved with the field officer if over $500.00 and I have to send in the yearly statement of how it was spent to VA. The thing that irritates him the most is that they are in control of how he spends his money. I am going to contact his doctor and let her know he is competent enough on where and how he wants to spend his money. He also wants me to balance his money and continue paying his bills for him. He just does not want to be told how it can be spent. He is not allowed to spend any money on his parents to help them, this irritates him the most. I really appreciate all of your inputs. If he does ask to be competent on how his money is spent, will this decrease his pay? He is 100% Permanent and Total Disability PTSD.
Thanks

#8 lori

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Posted 09 December 2008 - 09:26 PM

I, also have been recently rated as incompetent. I have not yet received my grant yet but expect it any day. Do I have to wait to get a fidicary or will they give me my money when I am approved? Should I appeal this right away or will the process hold up my money or should I appeal it later? I have so many questions what ever info anyone could give me would be appreciated. Thank you Bonnie


Do you know who your fiduciary will be? I suggest what they have suggested to me, ask to manage your money. I am not sure if it will hold up your money, but until a fiduciary is in place your money will not be released.

#9 Pete53

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Posted 09 December 2008 - 10:11 PM

Lori:

He will get the same amount of money no matter what. The VA has no right to tell him he can't help his parents.

If he has access to a computer he can pay his bills using a Bank Checking Account that will enable him to balance and see what he is doing in real time.

Even if he uses your computer to do it. You could still help him. Just because he has PTSD is not enough to rule him incompetent. He would probably have to take another C&P exam. If he is over 55 not a chance of him losing benefits.

Does he get Social Security?

Good Luck

#10 lori

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Posted 11 December 2008 - 11:06 PM

I see, well they told me he can only spend his money on himself. I think it all has to do with the incompetent. His Retro has finally hit the bank, so I think we will continue with the VA's way and if we run into problems, then we will seek competency. He was asking me, you may know, that if he were to pass on, does VA take the money back if any is left in his checking and hold his assets?
Thanks, Lori

#11 Pete53

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Posted 12 December 2008 - 07:42 AM

Nope it would go to his heirs but he should have a will.

#12 lori

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Posted 12 December 2008 - 08:17 AM

He does have a will but I was reading the VA Code of Ethics check out this link
http://ecfr.gpoacces...-....28&idno=38

I may have not interpreted it correctly.

#13 Testvet

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Posted 12 December 2008 - 11:07 AM

Lori, it's a 2 way street, when I was awarded my 100% P&T for PTSD I asked that my wife be appointed my fidicuary instead they found me to be competent to handle my own funds (how I will never know, bankruptcy, no credit etc) I was a typical down and out vet, my 5th marriage etc, I guess me telling the C&P doc that I wanted my wife to handle the money and I didn't care if they declared me incompetent, made them think I was rational enough to handle it myself.

I still do, it goes direct deposit to the bank every month and my wife spends it, all the bills are paid and we actually have a decent sized savings accounts in a couple of banks, we now have credit cards etc.

All the things I had 30 years ago and lost during my spiral down, we now have a nice home in a great area, and a full pantry and I have a really nice coin collection life is great now if I could just get my health back it would be perfect, I still won't go out shopping until 2 am at Wal Mart or I shop online. I do get out to go to the PX and commissary but I feel comfortable on a military base, mainly because I am a military brat and spent 10 years active duty then 8 years of National Guard duty which also included activation for Gulf War One.

Other than that I don't leave the house, this is my comfort zone, my computer room and my back porch and the pool. I had to get a lawyer to handle my BVA appeal, I have gone thru all of the Service groups and all of their SOs sucked, my wife did a better job of handling the paperwork than they did, but after that last denial of a NOD in July 2007 and they said we could hire lawyers for appeals, I did we go for the BVA hearing on Feb 4, I know feel I have "competent representation" she is an ex JAG lawyer and she is great.

If we win I get SMC S back to Nov 2002 and the house grant and the car grant so there is a lot on the line in this BVA hearing.

It would be easier for your brother is he could get control of his own money and better if he still came to you for help in managing it. He is lucky he has a family member like you, so many of us PTSD vets don't because we have pushed our family away from us during the spiral, most family members don't want anything to do with a 100% PTSD vet, due to the problems they have, usually drunks or addicts, plus the rage issues, your brother is a lucky man thank you for helping him.

#14 Pete53

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Posted 12 December 2008 - 04:11 PM

Lori:

I am dumbfounded and I think that you should get your Dad ruled competent and hopefully continue to help him. Its highway robbery for the state to get any property and funds owned by an incompetent Veteran

#15 lori

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Posted 12 December 2008 - 04:42 PM

So is that the way you read the code?

#16 Pete53

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Posted 12 December 2008 - 05:37 PM

Thats what it says. It is not right but that is what it said. The fiduicary is supposed to turn over all money and assets to the VA and the VA is supposed to give it to the State.

I know in Texas that a relative can claim it and if they are supported by will or blood will get it back from State.

#17 lori

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Posted 12 December 2008 - 06:47 PM

there is a will which I don't know which takes presidence over the other. Might have to talk to the lawyer on this one before hand.

#18 lori

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Posted 12 December 2008 - 09:21 PM

I read the code of ethics again, it sounds like if they are being cared for in a facility by the Dept of Veterans who is not next of kin, etc. Let me know what you think. Escheat;post fund 13.110

#19 Tayo

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Posted 12 December 2008 - 11:40 PM

Hello all,

I have shared in prior post that the VA has "proposed incompetency." I do understand this proposal simply based of my medical condition. However, I am able to handle my VA benefits. What I had to do was submit information from my "specialist" stating that I was able to handle my VA benefits. The specialist also included the medication regime, how often I am seen, etc., etc., etc.

The last thing I heard concerning this was that as of September 24, 2008, my claim for competency was at the rating board. My Veterans Service Rep. told me that everything should be in my favor, especially since the treating specialist for my condition believes that I can handle my VA benefits. The Veterans Service Rep said that letters of that kind should come from physicians other than "primary physicians."

The VA still provides veterans with another opportunity to prove competency. That is through a field rep.

Hope this information helps,
Tayo

#20 hawkfire27

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Posted 16 December 2009 - 08:43 PM

I read the code of ethics again, it sounds like if they are being cared for in a facility by the Dept of Veterans who is not next of kin, etc. Let me know what you think. Escheat;post fund 13.110


Hi, I know a sister of a vet that died when he was considered incompetant by the VA. His siter was teh fiduciary, all money in the fiduciary account had to go back to the VA. It did not get given to his heirs, the VA got it all back. He had about $10,000 in that account. Apparently they base it on the fact the VA give compensation for the veteran to live. If they don't use the money they assume it was not necessary so they claim it back.

His sister refused to give it back to the VA and wanted to give it to his kids, and the VA tried to sue her stating she was with-holding government funds. So she had to give it back. VA sets up the fiduciary accounts like a trust account, which means the money is not actually going to the veteran but into a trustfund in the veteran's name. In the small print when setting these accounts up, usually the VA puts in the clause that the money goes back to the VA upon the vets death, that how they can get it back. At least that is how the friend above explained it too me.

Hopefully someone will correct me if I'm wrong!

Best Idea is to just be competant if you can. Then the money is truly yours like it should be. Sometimes all it takes is the family stating they believe the vet is competant, If the family is worried about the vet handling their money, then the VA check can always be put into a joint account with a relative with special withdrawal conditions, like no ATM card, and two signatures on the check. At least this way the Vet owns their own money, and it can be spent where it needs to .

#21 Loma Linda Bill

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Posted 16 December 2009 - 08:50 PM

Hi, I know a sister of a vet that died when he was considered incompetant by the VA. His siter was teh fiduciary, all money in the fiduciary account had to go back to the VA. It did not get given to his heirs, the VA got it all back. He had about $10,000 in that account. Apparently they base it on the fact the VA give compensation for the veteran to live. If they don't use the money they assume it was not necessary so they claim it back.

His sister refused to give it back to the VA and wanted to give it to his kids, and the VA tried to sue her stating she was with-holding government funds. So she had to give it back. VA sets up the fiduciary accounts like a trust account, which means the money is not actually going to the veteran but into a trustfund in the veteran's name. In the small print when setting these accounts up, usually the VA puts in the clause that the money goes back to the VA upon the vets death, that how they can get it back. At least that is how the friend above explained it too me.

Hopefully someone will correct me if I'm wrong!

Best Idea is to just be competant if you can. Then the money is truly yours like it should be. Sometimes all it takes is the family stating they believe the vet is competant, If the family is worried about the vet handling their money, then the VA check can always be put into a joint account with a relative with special withdrawal conditions, like no ATM card, and two signatures on the check. At least this way the Vet owns their own money, and it can be spent where it needs to .

so I should get my dr now to write the letter for me stating i am unemployable? at 100%
loma lina bill

#22 sharon

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Posted 16 December 2009 - 09:44 PM

Thats what it says. It is not right but that is what it said. The fiduicary is supposed to turn over all money and assets to the VA and the VA is supposed to give it to the State.

I know in Texas that a relative can claim it and if they are supported by will or blood will get it back from State.


Pete53 is correct. The monies are released to the state as the Federal Government has nothing to do with the will. The Clerk of Court administers the will and assets by law. By all means make sure there is a Will in place. After the final accounting the acount is turned over to the State.

#23 timetowinarace

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Posted 16 December 2009 - 10:03 PM

I was found incompetent.

It does not matter what friends/relatives/fidiciary may say on the veterans behalf.

My wife/fiduciary wrote that I was competent. The field examiner guy from the VA that sets up fidiciary and suggests how funds be used wrote a letter stating I was competent.

The C&P examiner said "veteran may forget to pay his bills". Found not competent.

He needs a MH professional to say he is competent and he will have a C&P. The C&P examiner must say he is competent.

Now, all that said. If your brother wants something, all he needs to do is get a loan. The VA cannot refuse to pay the loan back. They might have a fit if he gives money to his parents and they will threaten to remove you as fiduciary. However if he gets a loan for a couple thousand, the VA cannot blame you as the fidiciary and they must allow you to pay back the loan.


My wife is my fiduciary and I/we spend what we want how we want. If the VA was to give me problems and wife was removed as fiduciary and my comp micro-managed, I would get a monthly loan for what I wanted to spend. They can't stop me from doing that. Then they have no say in how I spend my money.

They may learn I am quite competent.

#24 carlie

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Posted 17 December 2009 - 08:42 AM


hawkfire27,
Is there a particular reason you are breathing life back
into this topic thread that had finished in DEC 2008 ?
carlie