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JIM STRICKLAND'S MAIL BAG: VOLUME #70 FOR 2008 --
Veterans' Advocate Jim Strickland answers
questions
from VA Watchdog dot Org readers.
Veterans' Advocate Jim Strickland provides
regular columns for VA Watchdog dot Org.
If you would like to contact Jim about his
columns, you can email him here...
The archive of Jim's articles
is here...
To find an answer to a specific VA benefits
question, use the VA Watchdog search engine...
click here...
-------------------------
by Jim Strickland
NOTE: Letters in my mailbag are reprinted
just as they come to me. Spelling and grammar are left as is and only
small corrections are made to improve readability, ensure anonymity or
delete expletives that may offend some readers. This is not legal advice.
You should always seek the advice of an attorney who is qualified in
Veterans' law before you make any decisions about your own benefits.
-------------------------
Jim;
I wrote this a while ago. It’s too long If it is useful, please edit as
needed and use to help others.
I left the service in 1974 from a classified situation, a total wreck, and
after a 30-minute discharge physical, and a 20-minute psych exam, I left
with an honorable discharge, with a "personality disorder/borderline
features" tag on it.
My father, a disabled vet himself, pushed me until I went to the VA,
within a month of discharge. I was initially kept at no service connection
after an entry evaluation. They went along with the diagnosis of
personality disorder. I went from No connection, to 0%, 0%,30%, and 30%
After almost 2 years of this, and several meds later, I was diagnosed as
having "Schizoaffective disorder", from the incredible pressure I was
under. It was something that takes a while to diagnose. They weren’t
impressed and blew me off. But then, I had a stroke of good luck.
Looking around as I was bounced from psych to psych, I found out something
that, at the time, and perhaps even now, was not much
 known...
There is a psychiatrist-type person who can help, called a "Certified
Diagnostician”. Their diagnosis has to be considered very seriously, or,
at least, the VA felt so then. I found this out as there was a psych I saw
with this on the wall, and I asked him about it. Then we talked. In my
case he thought the Schizoid Affective disorder was correct, and wrote it
down in the records.
I had been sitting on my last SOC I got when I appealed my 30%, and
decided to try to use this gentleman to my advantage. After a few more
sessions, he felt sure I didn't have a personality disorder and backed up
the new diagnosis. I then got another exam, and came with copies of what
my new doctor had put in my medical record.
At the exam, they told me how they saw no real change or new information,
so I shouldn't expect much.. I then brought up the fact that this new
diagnosis came from a certified diagnostician, and it stopped them. They
looked at my papers, asked me several questions about him, and said they
would contact me by mail when their decision was rendered. It ended that
quickly.
In about a month I got a copy of the remand, ordering the VA to
re-evaluate in light of the new evidence from the certified diagnostician.
In about 2 months I went to100% schedule with back pay. The explanation of
the award contained the phrase “certified diagnostician” prominently
displayed where they explained how they came to see I might not have a
personality disorder.
I thought some might find my story useful. I would suggest you find a
Certified Diagnostician. If you’re lucky, he may be in one of the VAs that
you can get to, or privately if there is no other way. See what happens
and appeal. It will not be cheap, but a lot cheaper than a lawyer. I think
it might be worth a try when all other paths fail.
FWIW, IMHO
Reply;
No editing required. Thanks for sharing.
---------------
Jim;
I was just on your website for the first time, and I came across the
column about the veterans who have been assigned fiduciaries. I really
feel for those people, and I wanted to pass along a little bit of
information if it can help at all.
My father-in-law is a disables veteran and in August of 2006 we filed
paperwork to have a fiduciary assigned. The twist is that we chose to name
my husband (his son) the fiduciary, rather than having the VA assign one.
Finally today we got the call that they are finalizing the paperwork and
they just have to come do a home study where they meet with my father in
law at his home and my husband has to be there to vouch for being
responsible for my father in laws money.
They said the benefit checks will come made payable to my husband and my
father in law and they need to have a joint account open. Other than that
we just need to make sure that if they decide to audit us to see where the
money is being spent, that we have explanations to account for the
expenditures.
The veteran can choose whomever he/she pleases, usually family members.
I'm sure you probably already had all this information, but I feel better
knowing that I contacted you anyway! Hopefully this information can help
somebody.
Reply;
It seems I've been getting a lot of email regarding the appointment of a
fiduciary so this one has stirred me to write about it again.
The Department of Veterans Affairs has many legal obligations to veterans.
I know they don't accomplish the job very well but we aren't debating that
here. Let's take that statement as fact and go from there.
One responsibility is to ensure that each veteran who is receiving money
from the government is just who he or she says they are and that the
recipient or beneficiary is competent to use the money with a reasonable
purpose.
Sometimes the government will discover that a disabled veteran isn't
competent to care for their own finances. There are many reasons from the
very obvious like a brain injury where the veteran is unable to do much of
anything all the way to the veteran who has a gambling addiction and is
not caring for the family or paying bills.
When the VA learns of such things they will assign a Field Agent to
investigate how serious the problem is. These folks have strict policies
and procedures to follow and their goal is to protect the financial
interests of the veteran from any harm even if that means protecting the
vet from himself.
If it is determined that the veteran is incompetent, the VA will move to
appoint a fiduciary to manage the money on behalf of the veteran. As our
friend pointed out, this is often a family member. But not always.
I wrote that reader to say that I disagreed. Ultimately it's the choice of
the VA who will be appointed fiduciary. She wrote me back later to tell me
that they didn't then realize that VA would run a thorough credit check on
her husband, the son of the veteran. He had some credit issues on record
and the VA would not appoint him fiduciary.
I've had a handful of cases like this recently where the family assumed a
spouse, child or sibling could step in and assume that role and they are
shocked when the VA points out shortcomings to their plans. One spouse had
forgotten an old warrant that had never been adjudicated properly. The
warrant arose from charges of embezzlement and fraud at a company she had
worked for. Although she proclaimed her innocence, the VA wasn't swayed.
They weren't there to decide her case, only to protect her veteran
husband.
Another recent case involved a daughter caring for her father who received
a retroactive pay of almost $500,000.00. The daughter immediately put in
requests for a $380,000.00 home and a 52 inch plasma TV amongst other
things. The family wrote to me soon after because the VA not only turned
them down for those expensive items, the doors to VA seemed to close and
the family wasn't getting any cooperation from VA at all.
In each of those cases as in others I've worked on recently, the VA came
to appointing a bank as fiduciary. Banks are used to these activities
acting for trusts and so on. As a rule the bank will have an attorney who
is a specialist in matters where money is carefully doled out and that
individual will work with VA to serve the interests of the veteran.
This is often the best way to deal with the VA in the issue of an
incompetent beneficiary. Some time ago I worked with the mother of two
teen-aged children who were mentally challenged by Down's syndrome. The
veteran father had died of his 100% service connected condition and his
dependents were entitled to certain lifetime benefits. The mother had been
appointed as fiduciary for the children and she was struggling to keep up
with the responsibilities of accounting for how the benefits money was
spent.
While nobody was really questioning that she was a good steward of the
resources as well as doing a good job of providing for the children, she
wasn't able to meet the demands of keeping detailed records of every penny
spent. Assigning a bank as fiduciary and her as the guardian of the
children was a much better idea. The bank charged a reasonable (VA
approved) fee for the service and any time there was a need, the mother as
guardian only had to call her contact at the local bank to obtain
pre-approved amounts of money and if more was required, the bank would get
the necessary approval from VA using established methods. The bank kept
and provided all the complex records to the VA.
One very unhappy veteran was the gent who wrote me to ask if his wife
could really be appointed as fiduciary just by telling VA that he had a
gambling problem. He insisted to me that there was no problem but that she
just wanted to control his money. Then it sort of slipped out that the SSA
had some time long before given the wife control of his SSDI...because of
a gambling problem.
I understood his point. It was his money. He liked to gamble. He usually
lost. No problem.
But I can also sympathize with a spouse who may want to pay the rent and
put some food on the table. Ultimately, the VA will conduct an
investigation and decide what will best serve the veteran over the long
run. The answer may not always be what the veteran wants to hear.
If you find that you're in a situation where VA may appoint a fiduciary
for you or a loved one, your best bet is to pay very close attention to
what they have to say. They hold all the cards and a wise veteran or
guardian will play the game according to the rules.
-------------------------
posted by Larry Scott
Founder and Editor
VA Watchdog dot Org
-------------------------
-------------------------
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-------------------------
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