Jim,
I would like to ask your assistance in helping many veterans in a different area. I have become a victim of a wrong diagnosis. I was seen by a young medical doctor and she took a chance out of her medical field, made a psychological opinion and had decided that she feels that I may need help spending my money from my VA compensation. I was told by a Psychologist that such a diagnosis requires about 8 hours to complete such a examination. She also claims that a Medical doctors could not make such a legal diagnosis and the VA should not accept a mental diagnosis from a medical Doctor.
I believe Congress and others should correct this. I have a Medical Doctor along working with a Psychologist preparing a statement for me. The problem is that when when a Medical Doctor make such a mental diagnosis the VA says to just get a statement from your PCP saying that you are competent to handle your Financial affairs. The odd thing is that a Medical Doctor says they cant make such a statement because it takes a Psychologist to make such a diagnosis.
I guess that is the catch 22. Congress should make the VA not accept such a diagnosis from Medical Doctors and only from a Licensed Psychologist. All cases decided on such evidence should be re evaluated and not consider diagnosis of mental evaluations from a medical Doctor. I hope this is a new subject.
It is a wrong that should not happen I and many other Veterans are hoping that this problem could be presented to someone that could correct this. Thank you for your assistance and your service.
Reply:
I'm not sure who gave you all that information. Unfortunately, you've been misinformed. There is no requirement for any lengthy diagnosis by a mental health professional to determine whether or not a veteran is competent to manage his money. A couple of simple questions is all that's required. This isn't seen as a complex medical or psychological diagnosis, it's more of an administrative decision.
Don't get me wrong. I'm not agreeing with the way this happens, I'm just telling you that this is how it is. Congress made the laws that the rules and regulations are derived from so you can't look for much help there.
No, this isn't a new subject for me. This is a hot issue that I've followed for many years.
I'll assume that you have been told that you are not competent to manage your VA benefit money. That means that VA will assign a fiduciary to oversee your money. If you disagree with that, there is only one path that you may take...you must formally appeal. If you do not follow the process and appeal in the manner that is required, there will be no actions that will support you. Any actions you take without the formal appeal process will be a waste of time.
To appeal is pretty simple. I've written a page to inform and to guide you. Please click here http://www.vawatchdog.org/fiduciary-appointments.html