Question:
Hello Jim, Looking for your expertise and I thank you in advance. I'm 100% P&T for PTSD due to Military Sexual Trauma SC, 40% for lower back pain/sciaeta SC (Ran over by an 18-wheeler that ran a red light at 40mph while I was walking)—I've been disabled since 2016 (almost 4 Years now). I'm also considered incompetent by the VA and I'm working on gaining competency back (its been 3 years since being labeled incompetent). I've attended a neuropsychology exam and received my recommendation letter from my psychiatrist to gain competency back to handle my financial responsibilities, contracts, wills, etc.
My question is: 1. If or when I gain competency back will this affect my 100% PTSD P&T and 40% disability? Will incompetency to competency be considered in potentially lowering a 100% PTSD P&T? Or does this strictly apply to financial responsibilities? 2. Another question that's been on my mind (as well as others I've encountered): is 100% P&T PTSD, "no future examinations scheduled", truly a protected rating for disabled veterans? I understand it's a case by case basis. Again, thank you Jim for taking the time on reading this and along with other Veterans, we're looking forward to hearing from you.
Jim's Reply:
The VA may declare a veteran as incompetent when he or she isn't able to show that they are able to manage their own finances. During the period where the appointment of a fiduciary is being decided is the biggest opportunity the vet will have to show that a fidu isn't necessary. Once appointed, the fidu can be difficult to remove. A statement from a doctor who knows you well should do the trick.
Your rating shouldn't be affected since the fiduciary assignment doesn't really have any effect on the original disabling conditions. Yes, a 100% permanent rating from VA is fairly well protected since there are no scheduled future exams and VA won't be paying attention to you. However, no benefit can be fully "protected" from any and all events. Things change and we have to change with time. But I don't think you'll have any issues. Good luck.