Hello Jim,

I was just awarded 100% and unemployable. The Va is proposing to find me incompetent and I am owed a retro pay of over $60,000.00.

This is from the letter from them and I quote "the examiner stated that you do not appear to exhibit any cognitive difficulties that would prevent your handling financial affairs during your evaluation, however you expressed no desire to handle your financial affairs. And that you reported that Social security found you unable to handle your financial affairs."

1st off when I went to SSA/SDDI they asked for my drivers license I told them I lost my wallet. Therefore they suggested my wife be payee. They didn't find me incapable of finances. I just accepted it because it seemed easiest.

2nd I pay all the bills but my wife balance the books because if its off 1 cent she will spend hours if not days finding that penny. So yeah, I have no desire to do it. I never said I was incompetent to do it and I do when necessary. I have done all our taxes all my family taxes etc.

My question is if my own doctor that I see regularly writes a letter stating I'm perfectly competent on doing my own finances and their own C&P examiner stated he found no indication I couldn't do my own. What legal right do they have to prove this?

Any advice would be helpful. I think I have 30 days to send evidence. Plus they mentioned the Brady act.

This is all about stripping our rights away from us!

Reply:

I've had a lot of emails from veterans like you in the last few days. It almost seems as if VA has decided that this summer will be their time to declare all veterans incompetent. When they declare you incompetent, you won't ever see that $60,000.00 in retro pay you've earned. It will eventually be eaten up as VA pays off cronies who are appointed as fiduciaries. If you don't believe that, read

http://www.scribd.com/doc/147548851/Mimms-Fidu-Case

There is only one option for you. You must formally appeal. Don't worry about evidence at this time. You must begin the process by appealing. The appeal starts with a very simple letter. The letter MUST be sent via certified mail. Anything less will not help.

In the letter you must tell VA, "I am not incompetent to manage my own financial affairs. I disagree with your proposal to appoint a fiduciary. Your proposal to appoint a fiduciary is in error and I request that you withdraw it immediately."

That is all it will take to get the appeal process started. If you don't do this, the VA will assume that you don't care and they will appoint a fiduciary. To appeal is a timely option. If you waste time asking for help in every direction while the clock is ticking, the VA will move ahead to appoint a fiduciary for you. Once they decide that you haven't appealed in a timely fashion, the fidu will be appointed and that is much harder to reverse.

You will be able to provide evidence at a later date. It is likely that you will be scheduled for another C & P exam. Don't worry about doctors statements and so on at this point. Those things take time and you don't have that luxury. The first task is to get it in the record that you disagree.

This will take a few months to set straight. At the same time, you should begin to appeal the Social Security findings. If the SSA has declared you incompetent, that gives VA a lot of reason to believe that you are incompetent.

Also, don't concern yourself with why or how VA is allowed to do this. While you debate why VA is allowed to do this, they are moving forward to appoint a fiduciary for you and they'll hand over all your money to a stranger. Your only immediate concern is to halt the VA process with the appeal letter.

It's worth pointing out that even if VA were to appoint your wife as your fiduciary, she will not be able to spend any money as she determines is necessary. She will have to get approval from a VA employee and that approval never comes. Your money...the disability compensation that you earned with your honorable military service, will be kept in the hands of the VA.

Please read http://www.vawatchdog.org/fiduciary-appointments.html