Citation Nr: 21071860
Decision Date: 12/01/21	Archive Date: 12/01/21

DOCKET NO. 19-13 525
DATE: December 1, 2021

REMANDED

Whether the Veteran is competent to handle disbursement of Department of Veterans Affairs (VA) funds is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the U.S. Navy from March 1991 to July 1993.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an October 2018 rating decision by a VA Regional Office (RO).

The Veteran testified at an RO hearing before a Decision Review Officer (DRO) in May 2018, and a transcript of that hearing is of record.

The Veteran requested a Central Office hearing. See April 2019 Form 9. However, a November 2020 hearing worksheet shows that the scheduled hearing was cancelled. As such, the Board will proceed with adjudication.

Whether the Veteran is competent to handle disbursement of VA funds is remanded.

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 the capacity to manage disbursement of funds without limitation. 38 C.F.R. § 3.353(a) (2020). Unless the medical evidence is clear, convincing, and leaves no doubt as to the person's incompetency, VA will not make a determination of incompetency without a definite expression regarding the question by the responsible medical authorities. 38 C.F.R. § 3.353(c) (2020).

The RO based its competency determination on a December 2017 VA post-traumatic stress disorder disability benefits questionnaire. The examining psychologist marked "no" in response to the query, "Is the Veteran capable of managing his or her financial affairs?" As a rationale, the examiner stated: "Based on the severity of his delusional behavior and lack of treatment, there are real concerns about his ability to make informed and competent decisions regarding his finances."

The Veteran argues that he is able to manage his finances and that the VA examination was inadequate as to the question of competency. He stated that the examination lasted only 30 minutes and there is no evidence that he has mismanaged VA funds. He also submitted a statement from a VA medical center shuttle bus driver which states that the Veteran "is very competent and responsible and is able to take care of all of his responsibilities and manages his own funds and pays all of his own bills." The Veteran has requested that a new examination be conducted to specifically determine his competency to manage his VA funds.

In light of the foregoing, the current record is not "clear and convincing" as to whether the Veteran is competent for purposes of disbursement of VA funds. 38 C.F.R. § 3.353 (c). Consequently, the Veteran should be provided a new VA examination to specifically discuss his competency to manage his VA funds.

The matter is REMANDED for the following action:

1. Schedule the Veteran for a VA medical examination to obtain an opinion to ascertain the Veteran's competency. The examiner should opine as to whether the Veteran is competent to handle disbursement of VA funds. A rationale for all opinions and a discussion of the facts and medical principles involved should be provided.

2. Then, readjudicate the appeal. If the decision is adverse to the Veteran, issue a supplemental statement of the case and allow the appropriate time for response. Then, return the claim to the Board.

 

 

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.