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Declared Incompetent What Do I Do?


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10 replies to this topic

#1 Boracay

 
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Posted 24 December 2010 - 02:22 AM

Hello fellow vets,

I been declared incompetent by the VA even though on by exam by the Fee Basis Doctor before the C and P exam said I could handle money. I don't want to have a third party manage my funds and it isn't a option. What steps do I take to not let this happen?

#2 Berta

 
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Posted 24 December 2010 - 06:03 AM

"even though on by exam by the Fee Basis Doctor before the C and P exam said I could handle money."


Did VA mention that when they proposed incompetency?

These proposed incompetency letters have a time limit and should be responded to right away.

Can you prove you have your own checking account with no or very few overdrafts? ( Bank statements would prove that)

Do you have receipts from utilities or taxes or mortgage or car that you paid on time?

If you rent would your rental person sign a statement that they have no problems with getting your rent?

If they are withholding retro until this issue is resolved, can you obtain an independent medical opinion that supports that you are competent?

Do you get SSDI? If so do you get the check for that?

If SSA didn't declare you incompetent and you do get SSDI check with no payee-that is good proof that the VA is wrong.

#3 Pete53

 
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Posted 24 December 2010 - 08:36 AM

Appeal the decision and use Berta's post to guide you. Also it is in your best interest to find someone to act for you and not allow the VA to appoint someone.

Having a checking account and making sure that bills are paid timely or on terms should get you off the hook. Your Service Officer should also have some information to help you.

Good Luck

#4 Berta

 
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Posted 24 December 2010 - 08:45 AM

This case might help you too- to see hpw this veteran overcame the incompetency declaration by VA:

http://www4.va.gov/v...es2/1016976.txt

She was very persistent and it looked to me that one VA doctor's incomepetency opinion was mere speculation.

VA must have clear and convincing evidence to declare a vet incompetent.

#5 Boracay

 
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Posted 24 December 2010 - 06:46 PM

"even though on by exam by the Fee Basis Doctor before the C and P exam said I could handle money."


Did VA mention that when they proposed incompetency?

These proposed incompetency letters have a time limit and should be responded to right away.

Can you prove you have your own checking account with no or very few overdrafts? ( Bank statements would prove that)

Do you have receipts from utilities or taxes or mortgage or car that you paid on time?

If you rent would your rental person sign a statement that they have no problems with getting your rent?

If they are withholding retro until this issue is resolved, can you obtain an independent medical opinion that supports that you are competent?

Do you get SSDI? If so do you get the check for that?

If SSA didn't declare you incompetent and you do get SSDI check with no payee-that is good proof that the VA is wrong.


I can prove I have a banking account with over 25,000 dollars in it saved. I have receipts for utilities and rent. I can get the rental person to sign a statement I have no problems getting rent. I don't know if they are holding retro yet. I can obtain a medical opinion from a doctor and a lawyer. SSA declared me incompetent but they said after the edvidence that they are going to change it

#6 Berta

 
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Posted 25 December 2010 - 05:58 AM

If I were you I would send them a 21-4138 form or a letter enclosing copies of this financial information ASAP. Are you still within any timeframe they gave you for a response?

#7 Boracay

 
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Posted 25 December 2010 - 05:43 PM

If I were you I would send them a 21-4138 form or a letter enclosing copies of this financial information ASAP. Are you still within any timeframe they gave you for a response?


They sent the letter dated back 10 days ago. It look 7 days to get to me. whats the timeframe I will do that by the way.

#8 Berta

 
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Posted 26 December 2010 - 06:51 AM

It might be a thirty day response period-I dont know- what does the letter say on that?

#9 Boracay

 
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Posted 26 December 2010 - 07:23 PM

It might be a thirty day response period-I dont know- what does the letter say on that?


lol nothing. It just said it is proposed...

#10 Berta

 
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Posted 27 December 2010 - 07:04 AM

I strongly suggest that you get a hold of a vet rep from your local county or state veterans service agency-they often can make housecalls- and see if there is someone who can help you with this proposed incompetency as well as your A & A claim.

If VA awards you A & A, any retro will be held up until the incompetency issue is resolved.

#11 carlie

 
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Posted 27 December 2010 - 08:08 PM

Berta,
He's in the Philippines.

He's also posted,
"SSA declared me incompetent but they said after the edvidence that they are going to change it"
I don't find any post saying SSA has now declared him competent to handle his own funds,
so until SSA makes a change this will probably still work against him.


I do know a vet that was declared by SSA competent to manage their finances
yet VBA declared him incompetent and stayed with an appointed fiduciary.
He tried to fight it a couple of years and finally gave up on it.