Vets receiving VA benefits; watch what you say to VA staff

[Tgo01]

Apparently the VA can deem you incompetent for "VA purposes" on a whim which means they will find someone else to manage your VA benefit money for you and also means you cannot legally own a firearm.

How can the VA even legally do this is what I'm wondering. How is this any different then your employer saying "Hey you forgot to clock out yesterday, we're deeming you incompetent and we'll find someone else to manage your paycheck from now on."

[Lolleia]

File an appeal and wait 6 months before someone even looks at it, then wait another 2 months for them to deny it and then start the process all over again. The VA system makes me want to find a baby panda and drop kick it.

[NinjasLeadTheWay]

The letter means nothing. It doesn't show up in DROS yet for firearms. While it can have an effect on your VA Benefits to an extent, you can fight that easily. The VA can't take away your second amendment rights just yet.

YET.

[nindon]

The VA fiduciary program has not been well received. Try to get a family member named as the fiduciary. If the VA representative has not already set the budget for your dad's fiduciary, then go to that meeting prepared with documentation of all expenses. Don't overlook anything, because once it's set, your fiduciary will be restricted to the amounts in the budget. The fiduciary will have to contact the VA rep to make any changes, and the VA rep probably won't return calls. Although it will be frustrating, the fiduciary should make every effort to be polite to the VA rep. Otherwise, the VA will just change the fiduciary to an institution.

If your dad does not have a will, then be sure that the fiduciary account has a pay-on-death designation.

I don't know anything about the firearm issue.

Good luck with the appeal.

[Tgo01]

What's this about a budget?

[nindon]

What's this about a budget? My dad won't be able to spend his entire VA benefits? What happens to the money he isn't "allowed" to spend? It just sits in a bank somewhere?

Yes, that's how it works. Make the budgeted items as large as possible.

I learned about this program a couple of months ago when a newly appointed fiduciary approached me for advice. The field representative had developed a crazy budget for the veteran that overlooked some important recurring expenses and grossly over budgeted other expenses. I did just a bit of research, but that was enough to learn that it's a big mess. As far as I can tell, there are no clear rules for administering fiduciary accounts, and each VA rep does what he or she thinks is best.

As I said, try to get a family member (spouse or child) named as the fiduciary. And get the budget right from the outset.

[Tgo01]

Do you know what happens to my dad's other VA funds that the VA rep doesn't feel is necessary to be included in the budget?

Like for example say my dad received 1000 dollars a month but the VA rep sets a budget of 600 dollars, does the other 400 dollars sit in a bank account in my dad's name or does the VA just keep that money?

[nindon]

Do you know what happens to my dad's other VA funds that the VA rep doesn't feel is necessary to be included in the budget?

Like for example say my dad received 1000 dollars a month but the VA rep sets a budget of 600 dollars, does the other 400 dollars sit in a bank account in my dad's name or does the VA just keep that money?

The fiduciary retains the excess in a bank account for your dad's benefit, but the fiduciary should not spend the excess without approval from the VA rep. The fiduciary has the power to spend the money without approval, but not the authority to do so. If your dad's fiduciary spends the excess without prior approval, then the fiduciary will get a nasty letter and, possibly, be replaced. If you get stuck with an institutional fiduciary, then that fiduciary will charge your dad a fee for its services. (In fact, the VA rep may budget a fee for a family member fiduciary.)

Some VA reps are confused about the law on inheritance of fiduciary accounts, because Congress passed a special law dealing with fiduciary accounts owned by veterans who die without a will or heirs. To avoid confusion, if your dad does not have a will, be sure that the fiduciary account has a pay-on-death designation in favor of whoever your dad wants to inherit the account. You might use a POD even if your dad does have a will.

Google VA fiduciary. Hope that you get a good VA rep.

That's all I know about it.

[Tgo01]

Thanks for all the info nindon.

This is such a fucking mess and I can't believe the VA has the power to do such a thing with apparently no oversight.

[nindon]

This is such a fucking mess and I can't believe the VA has the power to do such a thing with apparently no oversight.

I agree. The government doesn't do anything like this for Social Security recipients. Can you imagine if they did? It's only Veterans who get treated this way. My observation has been that Veterans are especially obliging to government authority figures.

The trigger may be something as simple as answering "no" when the Veteran is asked if he pays his own bills. Even though his wife may be the one who has paid the bills for the last 40 years, that one remark in his file is enough to trigger the appointment of a fiduciary.

[Latrinsorm]

It could be an overreaction to the very real problem of vets with untreated mental illness ending up alone and destroyed on the street. Unfortunately America is not ready for universal mandatory mental health screening, so this clumsy purse-strings interference might be the best we can do.