How to prove competency to VA?

There are several useful types of evidence to show VA that you are competent:

Evidence that you pay your bills on time (notice of on-time mortgage, rent, or car payments can also be useful)
A letter from your treating doctor stating that you are mentally and/or physically competent to manage your own finances.

How are VA ratings determined?

VA makes a determination about the severity of your disability based on the evidence you submit as part of your claim, or that VA obtains from your military records. VA rates disability from 0% to 100% in 10% increments (e.g. 10%, 20%, 30% etc.).

Does the VA recognize guardianship?

Guardianship is obtained through a court proceeding and granted by a judge. While the VA officially prefers fiduciaries to be a family member or next-of-kin, you may need to apply for a change of fiduciary if one has been established before you have been named guardian by a state judge.

Does a VA fiduciary get paid?

The appointed Fiduciary is allowed to charge a fee of up to 4% of the VA benefits paid to the beneficiary. If the beneficiary is married, the spouse may receive payments on the beneficiary’s behalf.

What does 70 percent VA disability get you?

If you’re a Veteran with a 70% disability rating, and you have a spouse, plus 3 dependent children under the age of 18, you would start with the basic rate of $1,656.71 (for a Veteran with a spouse and 1 child).

Is VA disability based on rank?

DoD disability compensation is calculated based upon your service time, rank (basic pay rate), and disability rating. VA disability ratings are based entirely upon the severity of the injury.

How to get rid of VA fiduciary?

A fiduciary can be removed by the VA Fiduciary Hub if they receive credible information that the fiduciary is misusing VA funds, not performing their duty in accordance with regulations, or if the fiduciary’s required annual reporting is 120 days late.

How does a VA rater determine if a veteran is incompetent?

VA raters, usually at local VA regional offices, have the authority to determine if a veteran is incompetent. A finding of incompetency must be supported by medical evidence or a court ruling. Often, VA will rely on the results of a Compensation and Pension examination (C&P) to propose a veteran incompetent.

Who are the raters in the VA regional office?

The raters in the VA regional office, the ones who make the rating decisions at the Department of Veterans Affairs, are the ones who have the sole authority to make official determinations of competency and incompetency. Why was I declared Incompetent?

How long does it take for VA to decide on incompetency?

If a veteran does request a hearing, VA is not allowed to issue a final decision on incompetency until after the hearing has been held. Upon receiving a proposal of incompetency, a veteran has 60 days to submit evidence against the proposal.

How to appeal a VA finding of incompetency?

To appeal, the veteran must provide new medical evidence. If the Regional Office does not reverse their finding of incompetency, the veteran can appeal to the Board of Veterans Appeals. If the Board does not reverse the finding, the veteran can then appeal to CAVC.

How does the VA calculate your combined disability rating?

We use a method called the “whole person theory” to determine what we call your combined disability rating. We do this to make sure that your total VA disability rating doesn’t add up to more than 100%. That’s because a person can’t be more than 100% able-bodied. Read below to find out more about how we calculate your combined disability rating.