Citation Nr: A21017622 Decision Date: 11/01/21 Archive Date: 11/01/21 DOCKET NO. 200316-71867 DATE: November 1, 2021 ORDER Restoration of competency status for VA benefits purposes is granted. FINDING OF FACT VA has not shown by clear and convincing medical evidence that the Veteran lacks the mental capacity to contract or manage his own financial affairs, including the disbursement of funds, without limitation. CONCLUSION OF LAW The criteria for restoration of competency status for VA benefits purposes have been met. 38 U.S.C. §§ 5107, 5502 (2018); 38 C.F.R. §§ 3.102, 3.353 (2020). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from June 1987 to October 1987 and from January 2010 to August 2010. This matter comes before the Board of Veterans' Appeals (Board) on appeal of a February 2020 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In a March 2020 VA Form 10182 (Notice of Disagreement), the Veteran elected the Direct Review docket. Therefore, the Board may only consider the evidence of record at the time of the agency of original jurisdiction (AOJ) decision on appeal. 38 C.F.R. § 20.301. Restoration of competency status for VA benefits purposes is granted. The Veteran asserts that he is capable of managing his VA funds. Under VA regulations, a mentally incompetent person is one who, because of injury or disease, lacks the mental capacity to contract or to manage his or her own affairs, including disbursement of funds without limitation. 38 C.F.R. § 3.353(a). Unless the medical evidence is clear, convincing, and leaves no doubt as to the person's incompetency, the rating agency will not make a decision of incompetency without a definite expression regarding the question by the responsible medical authorities. Determinations as to incompetency should be based upon all evidence of record, and there should be a consistent relationship between the percentage of disability, facts relating to commitment or hospitalization, and the holding of incompetency. 38 C.F.R. § 3.353(c). There is a presumption in favor of competency, and where reasonable doubt arises regarding a beneficiary's mental capacity to contract or to manage affairs, including the disbursement of funds without limitation, such doubt will be resolved in the veteran's favor. The RO proposed to rate the Veteran as incompetent based on a November 2019 VA posttraumatic stress disorder examination. The report of that examination indicates that the examiner answered "No" to the question "Is the Veteran capable of managing [his] financial affairs?" However, the examiner did not provide a rationale for such determination. In contrast to the November 2019 opinion, the report of a July 2018 VA PTSD examination indicated that the Veteran was capable of managing his financial affairs. During treatment in June 2019, a mental status examination revealed that the Veteran's thought process was coherent without psychotic content. His judgment, insight, and memory were noted to be intact. Further, there is no suggestion in the record that the Veteran has misused his VA funds or lacks the mental capacity to contract or manage his own affairs. In light of the foregoing lay and medical evidence, it has not been shown by clear and convincing medical evidence that the Veteran lacks the mental capacity to contract or manage his own affairs, including the disbursement of funds, without limitation. Considering the presumption in favor of competency, the Board finds that the Veteran is competent handle the disbursement of VA funds. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. Rebecca N. Poulson Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Roya Bahrami, Counsel The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.