Citation Nr: 21041661 Decision Date: 07/09/21 Archive Date: 07/09/21 DOCKET NO. 18-36 853 DATE: July 9, 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 for the purpose of receiving direct payment of VA benefits are 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 in the U.S. Army from September 1960 to August 1962 and from October 1962 to April 1970. This matter comes before the Board of Veterans' Appeals (Board) on appeal of a September 2017 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In March 2021, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge, and a transcript is associated with the record. 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) (2020). 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 upon a March 2017 VA 21-2680, Aid and Attendance examination. The examiner checked a box indicating that the Veteran was not capable of managing his financial affairs. As rationale, the examiner noted that the Veteran's son "does the bill paying." An April 2018 VA primary care nursing note indicated that the Veteran managed financial matters independently (budgets, writes checks, pays rent and bills, goes to bank), and that he collected and kept track of income. In July 2018, the Veteran underwent a VA mental health examination. The examiner diagnosed schizophrenia and noted symptoms of impaired judgment, impaired abstract thinking, difficulty in adapting to stressful circumstances, and intermittent inability to perform activities of daily living. The examiner found that the Veteran's symptoms resulted in occupational and social impairment with deficiencies in most areas, such as work, school, family relations, judgment, thinking and/or mood. Regarding competency, the examiner opined that the Veteran is capable of managing his financial affairs. A November 2019 VA psychiatry note indicated that the Veteran's thought processes were linear, organized, and logical. There was no abnormal thought content. The Veteran was fully alert an oriented, and there was no gross impairment in memory. Insight, judgment, and impulse control were all "good." At the March 2021 Board hearing, the Veteran testified that although his son lived with him, he handled paying the bills. The undersigned noted that the Veteran was clearly able to understand the questions at the hearing. In light of the conflicting evidence both for and against competency as defined by VA, the Board finds that 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 (b); 38 C.F.R. § 3.102. S.C. Krembs 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.