I've been ruled 100% Service Connected and Incompetent by VA?

Question

VA lets me have $200.00 a month to live on with my Social Security.

I make a truck payment of $223.00 out of my living expense because VA will not pick it up.

My wife doesn't work and we have to live off of $620.00 a month.

VA pays my utility, insurance, rent and phone bills.

VA has refused thus far to rule me competent even though, my psychological examinations were worthy to support my competency, but VA has not awarded that yet. They refuse to let my wife have custodian because she is not well to manage the money either according to them.

So there you have it. I'm stuck in a marriage living on $620.00 a month and this sucks, literally sucks while $1,100.00 of my money each month goes into a Federal Account appointed by VA.

I have over $50,000.00 in that account and yet I can't get a new stereo, or new furniture or even extra spending money...I can't even gop on vacation.

VA pays 80% of my wife'smedicine and I have to pay the rest and that comes out of my living expense. VA doesn't pay for new clothes for my wife that comes out of my expense. Bottom line here is that I need all my money since my wife doesn't work and VA will not acknowledge that. Until they approve me competent, my life and my wife are living in h**l.

What can I do?

This literally sucks.

What can I do?

Answer 1

If you 100% from the military you should be getting more than just either the $200 or $620 your stating.  First you apparently did not pay attention when you were being separated from the service at your VA brief.  Secondly, VA will give you the money you are entitled to if you go back  and refile your claim.  Third, they are not going to give you anymore money than you are going to get so do not expect a clothing allowance.  They are not going to pay for new clothes, furniture, vacations..etc.  You are now on a new living income so you will have to adjust your expensive spending and tone it down a little unless you or your wife is able to get out and get a job to make up for the money you are not getting now.

P.S.  WHAT ARE YOU THINKING THAT THE VA IS GOING TO PAY FOR EVERYTHING IN YOUR LIFE NOW THAT YOU ARE DISABLED??!!??

Answer 2

agree with the other posters,,,,my husband has a (i think 20%) and he gets 220$ a month.  if you are 100% it would be MUCH higher than what you are getting.  the va is all about paperwork and continually following up.  find your local va rep (here in ohio there is one in every county).

Answer 3

Find an attorney that will take your case on a percentage of what VA has banked for you just like people do when they go after SSI. Have him appeal their decision that found you incompetent. Other than that, I have no idea what to tell you my friend. Or maybe the you could find someone that you trust, like your wife, to get durable power of attorney over you and oversee the "trust fund" that VA has set up for you.

Answer 4

How much are you drawing on Social Security? What is your disability? PTSD or something from mental health?

I helped my neighbor with his VA claim after he was medically retired from the Air Force. After taking out his child support he was drawing around $500. Now he draws almost $1000 from social security and $2300 from the VA. All you have to do is place a family member as your custodian. They will have to keep track of all spending and will be responsible for any discrepancies.

Answer 5

Contact the DAV for help, they have dealt with this kind of red tape for years. You might have to have your wife declared your guardian so you two can have access to the account. Good luck.

Vet-USAF

Answer 6

I would recommend you go to your state's Veterans Commission.  Every single state has one, they do not charge you any fees for their service, and it's their job to know how to help you.  It sounds like you need to contact the claims department and make sure they know that your psych doctors have considered you competent.  I've dealt with this for another Veteran...he has $175,000 in the bank he can't touch.  So, I do know what you're talking about.  

I would not recommend you going to a lawyer.  The VA literally trains the state's Veterans Commission counselors on how to do the VA's job...in order to be your advocate.  Any and all money the Commission helps you get is yours...you don't have to pay them a dime.  A lawyer will take at least 20%.  Depending on the state you live in that can vary, but I think the highest they can take is 20%.

I know it's hard to look past the monthly bills, but your only concern should be to be considered competent so you can have your own money.  Depending on what state you live in that process can take anywhere from 2-18 months!  Not kidding!!  Please, go to your state's Veterans Commission, take all VA letters with you, and ask them for help.  If you're an OIF or OEF Veteran the process should go faster.  

Added question: Have you talked to your fiduciary about all the problems you're having?  You need to talk to them.  Tell them the doctor's name, date, and location of the doctor who said you're competent.  They need to start a file on you to get that removed...if that's what's best for you.

Good luck!

Answer 7

Call your congressman.  Have all your documentation prepared and ready to prove that you are competent to handle your own assets.  The congressman's office should get through the red tape.

Answer 8

If you are only receiving $200.00 a month from the VA then you are not at 100%. Thats less than 20%. If you were  100% you would be getting $2,669, and your wife's meds would free though CHAMPVA. And the rating of "Incompetent", I've been dealing with the VA for over 32 years and I've never heard that one before. Did you mean to say "Unemployable"? And the Federal Account, what is that about? Do you own the Va for an over payment?  Do you have a Veterans Representative though the DAV or other service organization? If not you better get one because something here isn't adding up right. I'm asking more questions than you are!