r/VeteransBenefits

Need help with proposed Incompetency

A VA proposal of incompetency is a serious procedural action that, if finalized, would result in the appointment of a fiduciary to manage the veteran's benefits, but it does not reduce the 100% PTSD rating itself; the VSO's advice that no action is needed is dangerously incorrect, as **38 CFR 3.353(a)** requires the VA to provide due process, including a 60-day evidence-submission period and potential hearing rights, before a final determination. The proposal is likely based on the severity of symptoms noted during the PTSD increase exam that align with the criteria for a 100% rating under **38 CFR 4.130, Diagnostic Code 9411**, which describes total occupational and social impairment. You must act immediately to protect the veteran's autonomy: the grandfather, as power of attorney, should submit a formal written disagreement with the proposal within the deadline (typically 60 days from the notice), requesting a hearing and submitting affirmative evidence of competency, such as statements from the POA, caregivers, or treating physicians detailing the veteran's ability to manage his own affairs, however limited. Crucially, cite the regulatory **presumption in favor of competency** found in **38 CFR 3.353(d)** and relevant case law like *Buchanan v. Nicholson*, which reinforces that a high disability rating alone is insufficient for an incompetency finding without specific evidence of an inability to manage benefits. The next actionable steps are: 1) Obtain the exact proposal letter to confirm deadlines, 2) Gather and submit evidence of competency before that deadline, and 3) Consider consulting an accredited VA attorney or agent, as fiduciary matters are complex. **Disclaimer: This is educational information for claims assistance based on VA regulations and should not be construed as legal or medical advice; for such guidance, please consult with a VA-accredited attorney or agent.**

Need a deeper analysis?

Our AI analyzes your specific situation against thousands of BVA decisions.

Analyze Your Claim Free
← Back to all questions
Disclaimer: VetAid is not a law firm, medical practice, or Veterans Service Organization. This information is for educational purposes only and does not constitute legal, medical, or professional advice. Consult with a qualified VA-accredited attorney or your VSO representative. Veterans Crisis Line: 988 (press 1).