Need some help on Incompetency in VA Disability Claims (General) Forum

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Need some help on Incompetency

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mobie16r	Need some help on Incompetency		Lead	[-]
Posts: 576 Jul 6 09 8:50 AM	Tags : None The veteran i am helping,just received a award of 70% Service connection fot PTSD,but benefits is being withheld pending Incompetency Proposal.The reason,base on a diagnosis of moderate dementia of Alzheimers type with short-term memory problems.He don't drink,pay his own bills and don"t abuse his money and he do want to handle his own money.Question,what evidence he need to submit to va to prove he can handle his own money? mobie16r
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mobie16r		#1	[url]	[-]
Posts: 576 Jul 6 09 2:37 PM	Cruiser, Ivacj, Help mobie
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shelley7		#2	[url]	[-]
Posts: 707 Jul 6 09 2:47 PM	If a doctor has deemed him incompetent he will need a doctor with equal evidence to say he is not and the medical rationale for it as he has a known diagnosis of dementia etc. The VA is only trying to protect the veteran.
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lvacjoub		#3	[url]	[-]
Posts: 1414 Jul 6 09 3:23 PM	VA usually will not even begin the process until they have clear evidence of incompetency - so Shelley is correct, VA is looking out for the vet in these cases. Maybe a doc who knows him well will state that his Alzheimers is in the early, mild stages? If not, and he is married and the wife is able to manage household finances there usually isn't much of a problem ....VA will appoint her to be custodian. The problems begin (and last forever) when a bank fiduciary is appointed! Ivac Edited 1 time by lvacjoub Jul 7 09 7:38 AM.
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SteamJockey		#4	[url]	[-]
Posts: 7748 Jul 6 09 4:06 PM	Is this a true incompetency? I don't believe the VA gets involved in that. They do have the right to assign a fiduciary if they believe the veteran cannot manage their own funds, though. This is probably prudent. I doubt Alzheimer's is going to improve and there are entirely too many unscrupulous individuals waiting to take advantage of the elderly/ Regards; SteamJockey, resident curmudgeon 50 years service to the Navy and the nation.
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wvvet55		#5	[url]	[-]
Posts: 122 Jul 6 09 6:07 PM	Just my two cents worth..a doctor or the patients health care provider,can determine if an individual has the "capacity"to make his/her own health care choices or if a "Medical Power of Attorney or Heath care Surrogate "needs to be appointed.In order for one to be classified as "incompetent" the patient needs to be determined to be a "protected person",that decision is usually through legal hearings and a judge.Although I am neither lawyer or a judge,I was(and still licensed) as a Social Worker in the health care profession.I t would be best served to seek the advice of an attorney as this is more of legal issues resulting from medical conditions(dementia,Alzheimers type).Then once the Proctected Person status is established then a Repesentative Payee can be arranged with V.A and/or Social Security.
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mobie16r		#6	[url]	[-]
Posts: 576 Jul 7 09 9:19 AM	I would like to thank everyone for there response,we came to a decision ,since his daughter been handling most of his financial affairs, and she is on his checking account, as his guardian,he want her to be his fiduciary.Question :What she needs to do, and how long will it take VA to release his funds to her? mobie16r
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NavyNCC		#7	[url]	[-]
Posts: 4638 Jul 7 09 9:36 AM Navy Chief Initiated by Choice Proud of Tradition	Three lines of thought here. First the veterans can agree with the finding of incompetency and request that his daughter be assigned as his fiduciary. He will need to do this in writing (VA 21-4138 Statement in Support of Claim). In this case he should state that his daughter is already handling his financial affairs. how long will it take VA to release his funds to her? Could take months, depending on what region you are in and how long it takes to get her qualified as a fiduciary. Secondly the veteran can disagree with the finding of incompetency and submitt medical evidence that shows he is competent. In this case I would also have teh veteran state that if a finding of incompetency is found that his daughter be assigned as his fiduciary. I would also have the veteran file for Individual Unemployability (IU) since he is 70% disabled for a mental condition (provided he is not working). I realize that he may also have some other mental conditions but I would leave it to VA to make the call and see if he qualifies for this benefit. NavyNCC "We keep you alive to serve this ship"
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mobie16r		#8	[url]	[-]
Posts: 576 Jul 7 09 9:44 PM	Thanks navy
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