Jim,
I'm a Veterans Service Officer. just received a call from a veteran who was awarded 100% for PTSD two weeks ago with an effective date back to May 2010.
Friday he received a letter from the VA saying that he is not competent to handle his money because his daughter share a joint account with him and his wife. He explained to the VA C & P examiner that he would give the bills to his daughter and she would write the checks to pay the bills. His wife who handled the money for 45 years is unable to continue because of her failing health.
He doesn't write out the checks because of his bad hand writing and has been too busy day to day taking care of the wife. He drives her back and forth to the hospital, her doctor appointments, her physical therapy, goes to his VA appointments etc. He cooks, shops, cleans and washes clothes. The wife was just awarded A & A.
Their only child is the daughter who is single, lives at home with her parents, is employed as a medical device sales rep and frequently travels to trade shows. She gives him a break and helps out as much as she can.
What's next?
Reply:
What's next? An appeal.
This is appealed today just as any appeal would be. The veteran files a NOD and the appeals process begins.
We can thank two veterans law attorneys for the Freeman v. Shinseki decision that allows the appeal. As you know, it wasn't until 2007 that veterans had any access to attorneys to help with cases against the VA. Then, attorneys like Katrina Eagle and Doug Rosinski were finally allowed onto the playing field. Eagle and Rosinski were the lawyers who fought the VA to allow us to appeal fiduciary appointment cases and won that right for us.
For many years, VA has said we do not have the right to due process under the law. When VA said that a veteran was incompetent, that ended the discussion. They were always right, we were always wrong and they wouldn't allow any type of appeal. That's the usual paternalistic attitude of VA.
The battle isn't over yet. The VA still appoints these fiduciaries in many cases where they just aren't necessary. Your veteran client is pretty typical. The veteran gets help from family but the examiner doesn't take that into consideration. The usual scenario is that the examiner asks, "Who pays the bills around your house?" Then, the hapless veteran replies, "My wife does. She's good with numbers so she handles all of that."
Most families in America operate that way. It's always been my opinion that the fact that a spouse or daughter handles the finances isn't a test of a veteran being incompetent or not. If the family member didn't write the checks, could the veteran do it is the question.
Your veteran doesn't write the checks because of his shaky handwriting. The VA interprets that as incompetence. If that's the case, I must be incompetent to do the grocery shopping. My wife does most of that.
Your veteran client must do the usual and begin the appeal by writing a NOD letter. The letter must be delivered using certified mail, return receipt requested. In the letter he must point out that he is competent to manage his finances. He can say that although his daughter physically writes the checks, he is aware of his accounts, the balances of money that he has and when bills are due. If his credit report reflects a good history of paying bills on time, he can tell the VA all about that.
As with all appeals, if he can find a civilian physician to write a brief letter stating that the physician is of the opinion that the veteran is competent to manage his finances, that will help.
This is one more reason for the enormous backlog at VA today. They waste so much time doing things that are not at all necessary that they have little time left to process a routine claim.
You and your veteran client can read more on the page I have set up about fiduciary appointments here...
http://www.vawatchdog.org/fiduciary-appointments.html