just got my letter iu was granted and thank god.but they are withholding because of incompetency was proposed.how those this works and can i appeal for
P&T.
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a finding of incompetency
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 crescencio |
a finding of incompetency |
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Posts: 7 03/28/08 15:32:35 |
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bogee |
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 VBNerPosts: 143 03/28/08 16:08:31 |
well i just had the same thing. since my wife and i have allways got allong well financially ,i decided to just make her my fedusiary. im not an expert here
but if you get a fedusiary, i dont think you will ever have another exam for compensation..in these hard times,, who knows what the goverment may have to
do???what if they re-examin all iffee 70 to 90 % iu cased that have social security or something//??who knows the future. if you trust someone to pay your
bills go for fedusiary .if not i geuss you better fight it ; its up to you..im not .im affraid it will spring another exam, and may lower my rating. im not
going to risk it. bogee
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crescencio |
thank you | #2 | ||
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Posts: 8 03/28/08 16:40:45 |
thats what i was thinking i trust my wife.how did you do it just write them a letter....
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bogee |
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VBNerPosts: 144 03/28/08 17:29:30 |
yea ,i sent it to the dav i have representing me and they just gave it to the va bogee
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herdgrunt |
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Posts: 1394 03/28/08 20:18:27 |
crescencio, I would urge you to appeal the Incompetency proposal. The burden of proof I think is on the VA and I have read on this board that it is a high bar
to prove, also that they really don't want to do that unless it's beyond a doubt. They hit me witht the same t hing because I said in the c&p exam
that I forget things and forget some bills. Well, who doesn't forget chit from time to time.
Anyway, get a letter (Progress notes on the subject will do fine) fm you VA attending doc and any other proof you have of being financially competent, send it in and within 30-45 days it will be resolved. I sent in the Progress Notes fm one visit and a letter fm my bank stating that I have never bounced a check in all these years. It sailed thru. You really owe it to yourself to appeal this, being declared "Incompetent" has lasting affects, besides, I was told that they would not allow a wife to be the fidcuiary, that it would be some indepedent firm, probably a lawyer, sanctioned and paid for by the VA. |
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bogee |
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VBNerPosts: 145 03/28/08 22:08:34 |
i was told the wife could be the fidusiary if she is competent. who else would be better at taking care of your needs, i mean if you have a good marrage??
boger
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bogee |
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VBNerPosts: 146 03/29/08 01:03:04 |
does a person qualify for aid and attendance if hes 70% phsich ,incompetent to handel money, and pretty much housebound????? bogee
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prairiedog9a |
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 Super Senior VBNerPosts: 4776 03/29/08 22:22:10 |
crescencio, Welcome to the VBN family. this is the best site of its kind.
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