being mentally incompotent

Discussion in 'PTSD' started by bumblebee8472, Jul 4, 2009.

  1. bumblebee8472

    bumblebee8472 New Member

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    i have agreed to mentally incompotence. but now the fiduciary program is screwing me, i think the only way to get my money back is with a vso. anyone suggest anything:mad:
  2. Cliph

    Cliph New Member

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    Incompetence to handle funds

    I understand that it is very difficult to get this undone, but I wouldn't let that stop me. I'd contact the best VSO I could find in my area. They likely have had experience with this issue.
  3. Pathfinder136

    Pathfinder136 New Member

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    VA Fiduciary

    I just recieved a letter from the VA telling me that I am incompetent for VA purposes and that I must select a Fiduciary to handle my VA Payments. My wife handles all of my bills and my credit rating is very good. I just got rated 70% PTSD and I am very scared and do not know what to do. I have 60 days to send them any evidence to support my claim that I am competent. Can you please help me?

    [email protected]
  4. TinCanMan

    TinCanMan Active Member

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    Pathfinder:

    If you trust your wife and she has the financial skills to manage your money, ask the VA to assign her as your fiducary. If not, I'd suggest you ask the VA to assign one. The VA didn't come to this decision lightly. There must be some reason they did this. What do you think? Are you confident you can manage your finances? My sson does this kind of thing under contract with Social Security and I know when the time comes I will have no problem letting him manage mine. It can relieve you of the reaponsibility of paying your obligations and taxes.
  5. Pathfinder136

    Pathfinder136 New Member

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    Incompetent Rating

    TinCanMan,

    Thank you for responding. My wife has been handling the finances for 20 years. I go to work, she pays the bills and keeps everything in order. Is the VA going to let my wife have total control of my VA payments or is she going to have to go through red tape and request to utilize it?

    At my C&P I was asked if I am able to handle my finances and I told them that my wife handles the finances. My short term memory is geting bad and I told him that I would not be able to handle them. I really hate to be rated incompetent. Is there any way their decision could be reversed? Credit Rating? The unknown is just drilling me into the ground. I really do apprieciate your help/input.

    Regards
    Pathfinder136
  6. TinCanMan

    TinCanMan Active Member

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    That's pretty mych how it works in my house too.

    She'll probably have access to all your funds although I've seeninstances where the vet got a large backpayment ant they didn't give the fiducary full control. She'll be audited as well.

    Understand, no one, including the VA, has declared you incompetent. Only a court can do that. The VA has simply decided you are unable to manage your funds and will assign someone to do that.

    My son owns a business under contract to SSA and the state to manage funds those agencies believe the beneficary cannot do so. In no way is he their guardian and your wife will not be your guardian.
  7. Pathfinder136

    Pathfinder136 New Member

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    TinCanMan,

    Is there anything I can do to not get rated incompetent? I currently see a VA psycologist and I he can write a letter explaining that I am competent, would that get me (And my wife) out of this. Provided he will help me. I have until February 12th to get my "Evidence" up to the VA. Are they going to knock my disability down? I know that there are a lot of Veterans who say that their lives are made misrable because of the VA appointing someone else handle their funds.

    Sincerely,

    Pathfinder136
  8. TinCanMan

    TinCanMan Active Member

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    Yes, a doctors observation of your performance can help, but how did you come to the attention of the Regional Office in the first place? This isb't an attempt to reduce your compensation.
  9. Pathfinder136

    Pathfinder136 New Member

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    I was sent to the Regional office for a C&P. I did not request it nor did I submit a claim for more disability. My wife and I went to the VA Hospital and saw the Doctor. It was extremely upsetting and stressful. I was asked about my finances and I told the Doctor that my wife handles the affairs of the household. I go to work, she pays the bill. I really do not know how much I make. I just do not worry about it. He asked me if I am able to pay my bills and I honestly answered No. I have credit cards, atm cards, checks and total access to my bank. I have no need to go and bleed my accounts. I was elevated from 50% to 70% and is being considered incompetent.
  10. TinCanMan

    TinCanMan Active Member

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    ISTM, the C&P examiner mis interpreted what you told him. Finances in your house work the same as in mine except I do know how much I make. It isn't that I cannot manage my money, just that I choose to let the wife do it. Being career military, we settled into that mode long ago because I was always deployed and the wife was a bookkeeper and was at home. It made no sense that a sailor at sea would try to manage his household from 7000 miles away. After 20 years of this, this is just the way things settled out.

    I would think you need to talk to the RO and explain that your situation is by choice and not by necessity. You might also ask for additional time to have a psychiatrist make an observation of your situation, even if that means a private shrink. You don't have much time so you need to ask for a personal interview ASAP.
  11. Pathfinder136

    Pathfinder136 New Member

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    TinCanMan,

    I have an appointment Friday to see my VA Psychiatrist. He is aware of my situation and is going to write a letter to the Regional office. I think he can provide for the personal interview. The words that you are telling me will help me with my case...Situation is by choice, not by necessity. I would sit back and be okay for a while and then this situation would creep back into my mind and the anziety would hit me again. It is safe to say that I am not a happy camper.

    I really apprieciate everything that you are doing for me.

    Sincerely,
    Pathfinder136
  12. TinCanMan

    TinCanMan Active Member

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    Your personal interview should be with the decision maker at the RO to explain your choice to have wife manage finances. It's always harder for a decision to go against someone after a face to face. It personalizes your issue and unless there is clear evidence against you, it's tough to rule negatively.

    You are entitled to a personal interview but it might delay the process.
  13. Pathfinder136

    Pathfinder136 New Member

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    TinCanMan,

    I have been working on my appeal paper. I plan to attach a copy of my credit report and any other documentation with it. (To Include my VA Psyc. Letter)

    On December 31, 2009, I received a letter from the Veterans Administration informing me that I am being proposed to be rated Incompetent for VA Purposes. I disagree with the proposed finding of incompetency.

    On November 17, 2009, I underwent a VA examination. I had opined to the examiner that I did not know the amount of my benefit and because my wife handles all the finances, was unable to manage my bills. I feel that the examiner may have misinterpreted or not understood my issue or I have failed to explain properly my financial situation. It is extremely difficult for me to discuss my issues with anybody that I do not know nor have a trusting relationship with.

    I am a Retired Veteran with 24 years of continuous service. I have been married since 1990. Since I was always away from home on Operations, Training and Deployments, it was decided that my wife handle the financial operations of the household. It was a decision based on choice not by necessity.

    I have and always had total and complete access to my finances through check books, credit cards and ATM cards. Not once have I needlessly withdrawn any money from my accounts in a rash, careless or thoughtless manner.

    I would not concern myself with the amount of money that I had brought in to the house hold. I would make it and my wife would pay the bills and put the rest into savings. The fact that she would handle the financial affairs, bills taxes etc, made it easier for me to be able execute my job and or duty.

    If I or we wanted to purchase anything of expense, we would discuss it and then we would make a decision. Most of our bills are paid on line. We receive the bills in the mail. I have complete access to the web sites and the user names and pass words to access those accounts. If I wish to pay the bills, I am confident that I will be able to.

    Again, I disagree with the proposed finding of incompetency, and that a rating of incompetency would seriously upset the operations of my house hold and make a difficult situation even more difficult.


    Is there anything that you would add or take away?

    Thank you

    Pathfinder136
  14. TinCanMan

    TinCanMan Active Member

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    That's exactly what I would say. Stress that you are a professional soldier and were deployed extensively. It made no sense for you to pay bills or to takeover them when you came home. That's the way it works in my house for the very same reasons. Civilians don't understand this. My son and his wife do things much differently. Both are employed and have their own separate bank accounts. Each pay certain regular bills, but they aren't military and don't deploy. I have 2 debit cards and if I need a check, I ask my wife for one. Works for us. I get a retirement check, VA comp check, SS check and a check from my DOD employer. I couldn't tell you exactly how much any of them are. I have a rough idea and can get within a couple hundred dollars. I have more than enough to live on and I don't worry about it. With a doctors statement in your favor, you should be able to turn this around. If you can't, it may not matter as they cannot touch your employee or retirement funds. You'll have access to enough to get by without kissing anyone's a$$
  15. Pathfinder136

    Pathfinder136 New Member

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    TinCanMan,

    I went to my appointment to see my VA Psychologist and he wrote me a letter explaining that he believes that I am competent.

    I have been seeing this Psychologist for about 7 months. He states that I have severe anxiety and that it takes me considerable time to open up to a new individual. I am able to maintain employment despite having interpersonal difficulties. I have Credit Cards, ATM Cards. I know how much money I have in the Bank and that I know on average how much my VA check is. I also know where my bills are located and identify how much money was being taken out of my account.

    He finished it with:

    Despite Mr.____'s anxiety, and interpersonal diffuculties, this veteran's behavior should not be misconstrued as being incompetent. At this point in time, and based on a more in depth interview, the writer recommends that Mr. ______ be placed in full control of his funds.

    I really hope that this helps. And I also pray that they do not send me to another C&P. I am going to Fedex my packet to the VA on Monday or Tuesday.

    What do you think? Should I attach anything else to my statement and the Doctors?
  16. TinCanMan

    TinCanMan Active Member

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    I think that says it all. Should solve the problem. Sorry it took so long to reply. I'm working on getting ready to retire, again.
  17. Pathfinder136

    Pathfinder136 New Member

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    I hope that it all goes well with your new retirement. I will let you know how it all turns out and as each pitch is thrown. Thanks for being there.

    Pathfinder136
  18. TinCanMan

    TinCanMan Active Member

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    Thanx, at one time I really liked my job. Slowly the social contract changed. It gradually became more important to suck up rather than be successful. It was time for me to leave. I didn't believe in it any more. I'll take the money and run. I just wanna see how tough it is to find something in this economy.
  19. Pathfinder136

    Pathfinder136 New Member

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    TinCanMan,

    I wish you all the luck in the world and all the Blessings that God can give. I will keep you informed of my situation.

    God Bless,

    Pathfinder136
  20. Pathfinder136

    Pathfinder136 New Member

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    Received Letter

    TinCanMan,

    I recieved a letter from the VA stating that they are going to rate me competent. I did not want to get rated incompetent. I hope that they do not decide to blind side with something. Thanks for all of your help and advise.

    Pathfinder136

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