Jump to content



Search



Toggle shoutbox Shoutbox Open the Shoutbox in a popup

@  Tbird : (22 November 2014 - 04:54 PM) Tbird Accepted To 2015 Conference: V-Wise: Another Entrepreneurship Project Of The Whitman School Of Management Http://ow.ly/ej9Qg
@  Tbird : (22 November 2014 - 04:13 PM) Arng11 Thank You For Your Contribution To Our Funding Campaign.
@  britton : (22 November 2014 - 02:57 PM) Thank You Ms T For Starting This Web Site For All Veterans, You Helpd Me And My Family And I'll Be Forever Gratful To You & Hadit.com
@  Tbird : (22 November 2014 - 08:19 AM) Thank You All For Helping With The Funding The Site. It Is Really Helping!
@  Tbird : (22 November 2014 - 08:18 AM) Britton Pm Me And I. Can Check This Out For You
@  britton : (22 November 2014 - 06:44 AM) What Does ''you Missed Your Quota For Postives Votes Today'' Mean??
@  coriemboh : (19 November 2014 - 08:29 AM) Hold Time For Peggy Was Approximately 1 Minute. That Was 17 Minutes Ago. They Really Need To Change This Hold Music.
@  Tbird : (17 November 2014 - 02:42 PM) Stretch Thanks For The Extra Contribution To Our Fundraiser This Month.
@  maxwell18 : (16 November 2014 - 09:04 PM) I Still Have To Bitch About The Navy Hosp Cutting My Meds By 2/3 On My Norco. I Contacted Customer Service Or What Ever You Want To Call It Who In Turn Contacted The Navy Hosp Pensacola Commander Who In Turn Did Nothing. Thanks To All The People That Are Affair Of There Jobs And I Feel That Medical Malpractice Should Come Into Place. I Guess Just Do What Ever They Want To Because They Can, But Don't Give A Sh T For The Vets That Suppose To Being Supporting From All The Military  organizations. This Is Not The Way They Have Been Trained And Promised To Do. 
@  carlie : (16 November 2014 - 11:26 AM) Delayed Onset Tinnitus - Ref To Va Training Letter 10-028 - Link - Http://veteranclaims.wordpress.com/2014/05/06/single-Judge-Application-Va-Training-Letter-10-028-Delayed-Onset-Tinnitus/
@  carlie : (16 November 2014 - 11:03 AM) Here's A Good Tinnitus Link To Check Out From M21-1 Change Dated Jan 10,2014 - Http://veteranclaims.wordpress.com/tag/section-B-Duty-Military-Occupational-Specialty-Mos-Noise-Exposure-Listing-Fast-Letter-10-35-Tinnitus-Hearing-Loss-Vbms-Rating-Decision-Tools/
@  Asiadaug : (16 November 2014 - 02:08 AM) "rolled" Not Ruled! :)
@  Asiadaug : (16 November 2014 - 02:07 AM) Thanks. I Have Seen The Fast Ltr 10-35 And Have Seen Cases Where The Va Has Apparently Agreed That Tinnitus Can Have Delayed Onset. I Did Not In Looking Over The Fast Ltr See Where They Had Ruled 10-028 Into That. And, I Am Not Sure In The Vas Issuance Of ‘policy’ Type Letters How They Might Roll In Previous Instructions Into Newer Ones. Maybe There Is Some Intranet Traceability Capability? I Was Just Curious As There ‘appeared’ To Be Conspicuous Absence Of That 10-028. I Am Assuming 10-028 Was Written In 2010. But It May Be I Should Not Assume Anything.
@  carlie : (15 November 2014 - 05:56 PM) Asiadaug - You Might Be Looking For Fast Letter 10-35, Http://www.hadit.com/forums/topic/40962-Va-Fl-10-35/ Also Check Out This Link To Links For Delayed Onset Tinnitus - They All Refer Back To Fast Letter 10-35, Https://www.google.com/webhp?sourceid=Chrome-Instant&ion=1&espv=2&ie=Utf-8#q=Tinnitus, Delayed Onset, Va Fast Letter
@  Tbird : (15 November 2014 - 07:50 AM) Asiadaug Searched All Over For Va Training Letter 10-028 But No Luck So Far.
@  Asiadaug : (15 November 2014 - 02:12 AM) Several Cases I've Run Across Mention Va Training Letter 10-028 With Apparent Discussion About Delayed Onset Of Tinnitus. I Have Been Unable To Locate That Trng Ltr. Any Suggestions?
@  Tbird : (12 November 2014 - 05:56 PM) Stretch Thanks For Contributing To Our Fundraising Campairg
@  Tbird : (12 November 2014 - 04:01 AM) Atomicwidow Thank Your For Donating To Our Funding Campaign.
@  Tbird : (11 November 2014 - 07:00 AM) Veterans Day 2014 - Veterans Thank You For Your Service And Your Sacrifice.
@  Tbird : (10 November 2014 - 07:19 AM) Semper Fi Marines

Photo
- - - - -

Declared Incompetent What Do I Do?


This topic has been archived. This means that you cannot reply to this topic.
10 replies to this topic

#1 Boracay

 
Boracay

    E-3 Seaman

  • Third Class Petty Officers
  • PipPipPip
  • 39 posts
 

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

 
Berta

    HadIt.com Elder/SVR Radio Panelist

  • SVR
  • PipPipPipPipPipPipPipPipPipPip
  • 29010 posts
 

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

 
Pete53

    Moderator/HadIt.com Elder

  • Moderator
  • PipPipPipPipPipPipPipPipPipPip
  • 21895 posts
 

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

 
Berta

    HadIt.com Elder/SVR Radio Panelist

  • SVR
  • PipPipPipPipPipPipPipPipPipPip
  • 29010 posts
 

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

 
Boracay

    E-3 Seaman

  • Third Class Petty Officers
  • PipPipPip
  • 39 posts
 

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

 
Berta

    HadIt.com Elder/SVR Radio Panelist

  • SVR
  • PipPipPipPipPipPipPipPipPipPip
  • 29010 posts
 

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

 
Boracay

    E-3 Seaman

  • Third Class Petty Officers
  • PipPipPip
  • 39 posts
 

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

 
Berta

    HadIt.com Elder/SVR Radio Panelist

  • SVR
  • PipPipPipPipPipPipPipPipPipPip
  • 29010 posts
 

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

 
Boracay

    E-3 Seaman

  • Third Class Petty Officers
  • PipPipPip
  • 39 posts
 

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

 
Berta

    HadIt.com Elder/SVR Radio Panelist

  • SVR
  • PipPipPipPipPipPipPipPipPipPip
  • 29010 posts
 

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

 
carlie

    Moderator/Admin/HadIt.com Elder/SVR Radio Panelist

  • Admin
  • PipPipPipPipPipPipPipPipPipPip
  • 22280 posts
 

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.