Question:
We were Denied our appeal for care givers benefits and wish to pursue it to the next level, as my husband needs supervision due to a brain injury. He was rated at 70 percent associated with PTSD and received a rating of 100 percent due to unemployability. While in a facility addressing PTSD and depression, he was given ECT and he contracted encyclopedias which caused a stroke. The stroke left him with impaired cognitive abilities. The VA made me his fiduciary, however they determined he doesn’t need supervision. Please explain the next steps to appeal this decision.
Jim's Reply:
The decision to deny caregiver benefits is made within the medical facility. Your must appeal to the director of the facility. That VA would appoint a fiduciary because he needs supervision and then deny the caregiver role because he's capable of caring for himself is no surprise. VA contradicts itself all the time...old habits are hard to break.
This is all explained in detail here.
I also think that you may benefit by discussing the fiduciary appointment with a veterans law attorney. The VA fidu program doesn't function very well and is often unnecessary and burdensome to you for any number of reasons. To appeal the appointment of a fiduciary is complex and often requires the skill of an experienced lawyer. You can speak to the veterans law attorneys who I refer most to here and it won't cost you any money out of your pocket. Please make contact with any or all of them to get the help you deserve.
I also hear you saying that he was caused a stroke by VA medical care. You really need to discuss medical malpractice with an experienced attorney.
In fact, developing a relationship with a veterans law attorney today is a pretty good plan for the future. You have a complex scenario on your hands as the caregiver of a seriously injured veteran. You should prepare today for the inevitable uphill battles you'll face.
Thank you for caring for your injured and disabled veteran husband. It takes courage to be a wartime wife and care for a soldier who gave so much. Good luck.