The VA is trying to give me a fiduciary. What do I do?

Question

I came to ask you Jim a question before I got too much further into your blog so I'm going to ask the question.

The VA proposed in competency on me. Gave me 30 days to request a hearing which I did by certified mail I didn't file a notice of disagreement because there was no adjudication at that point. For whatever reason they didn't give me a hearing and they found me incompetent anyway. It's been almost a year ago now they're still holding my back pay and I'm still continuing to get my monthly benefit. They have been advised that they didn't give me a hearing they know that they have a certified letter what am I supposed to do.

the VA proposed in company on me. Gave me 30 days to request a hearing which I did buy certified mail I didn't follow notice to do screaming because there was nothing there was no adjudication that that point.

For whatever reason they didn't give me a hearing and they found me incompetent that's been over a year ago now they're still holding my back pay I'm still continuing to get my monthly benefit I they been advised that they didn't give me a hearing they know that they have a certified letter requesting a hearing. What am I supposed to do? Is it true that at this point I can't even have the right to anybody represent me I can't have representation at this point with seems going to bogus but I guess it's the law. I mean I'm a hundred percent and I think they owe me 17 years back pay but that's something I can handle. But this incompetency thing is getting too much for me to handle it's too complex. I need help of somebody better versed in the law than me. I mean but I'm just asking you if you can just verify some of what I've said or discounted or whatever thank you bye.

Jim's Reply

You're in a very difficult situation. Once a fiduciary has been assigned, it's close to impossible to convince VA that the fidu isn't necessary. Your path to the fidu appointment is pretty typical, there is often miscommunication and the veteran feels cheated. If I'm to try and help you I need many more details of why the VA proposed a fidu for you, certain dates of events and so on. These aren't things we want to post in public and may get very detailed so please email me at my address <[email protected]> I'll have many questions which I need accurate answers to. You should consider that we may determine that you should have a fiduciary to help you manage your funds. If we determine that you don't need a fidu, I can tell you the steps you must take for yourself to get relieved of the fidu It isn't easy and it doesn't happen overnight but if you're competent to manage your finances, there's no reason for you to have a fidu. If you aren't able to manage your finances, we go to Plan B.