- Report: #177460
Complaint Review: Veteran's Administration - Portland Oregon
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Veteran's Administration
3710 SW US Veterans Hospital Road Portland, 97008 Oregon, U.S.A.
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503-220-8262
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Veteran's Administration rights removed of the most volnerable of all vets- the incompitant Portland Oregon
I am hoping to inform many people about a grave misjustice in the Veterans administration dealing with the financially incompitant.
One does not need to be found incompitant by a judge to be found incompitant by the Veterans administration's Fiducary department- this is not only in Oregon, but is throughout the united states.
There are many reasons why one can be found incompitant. I was personally found incompitant because of a compulsive gambling problem attached to bipolar disorder.
Usually a finding of incompitancy is innitiated by the VA medical facility. However, once the VA medical facility has reported it's findings to the VA regional office, they are unlikey to get involved in bringing about treatment that can lead to even gaining partial compitancy back. Once incompitant, always incompitant.
For me, this is when the nightmare began- I have fought for treatment that includes gambling treatment, victomization classes, time management, orginization skills, recognition of triggers, recognition of racing thoughs, recognition of mania (both depression and verbal adgitation), anger management, and replacing of negitive externals with positive internals.
After experiencing everything from gillum barr-like syptoms in 1999 to cluster headaches as side effects of one of my medications, and extreeme sleep and inability to think or funtion on another medication, and complaining about said symptoms, to no avail, I checked the symptomology of medications used in the treatment of bipolar disorder at the FDA's website- and decided, after studying not only the medications they prescribed me, but the alternate choices, that medications were not for me. This was marked as "non-medication management compliance"- there is no such thing as "informed desision" in the VA mental health facility.
I have attempted to recieve a written treatment plan from VA mental health that included my input and my long-term goals- to no avail. In return I have been marked negitively labled as "acts against medical advice".
I can give many more examples of "negitive labling" in my VA mental records, but will not. cerfice it to say that it is in the VA's best interest to put as many negitive lables on a disabled veteran as posible- the worse the veteran appears in paperwork, the less the veteran will be listened to. Social stigmitation goes a long way in the removal of one's voice.
What about treatment outside of the veteran's administration for a incompitant veteran with a fiduciary in place? Forget it- neither the VA fiduciary department nor the federally assigned fiduciary will reliece veteran's funds for medical treatment outside of the veterans administration in dealing with a service connected disablity.
I bet I can guess what the average reader would be thinking right now- the VA can't do this- OH YES THEY CAN- check the Code Of Federal regulations, chapter 38, section 13.
I can't fire my fiduciary, I can't assign a family member as my fiduciary, I can plan a budget, but my fiduciary does not have to impliment it. I can only invest in US savings bonds or specific interest bering accounts. I can suggest how I want my finances to be spent, but my fiduciary does not have to obey my suggestion.
I try to impliment a closed-ended, written treatment plan through VA mental health- NO GO. I try to impliment a treatment plan through VA Vocational Rehabilitation, Life skills- NO GO.
So what hapens when I get tired of it? well, I go to state vocational rehabilitation, and find alternate treatment through Independant living resources- and find a witness advocate, willing to go with me to VA mental health- and what is VA mental health's responce when the find out? The head of the Portland VA mental health department- one Dr Drummand (spelling may be wrong) calls me and tells me bringing in a witness advocate so that I can make informed desisions without fear of negitive labling, and be involved in my treatment plan, put in place a written treatment plan- or have a non-biased witness is not acceptable. It does not generate a system of trust between me and my mental health provider.
He then tells me that I misunderstand the purpose of VA mental health. They are not there to be involved in the findings of other branches of the VA (like the VA regional office- either Vocational rehabilitation, life skills or the VA fiduciary department.)
This is really interesting- since one Deb Wilson, nurse practitioner was the original person that diagnosed both me and my wife as "incompitant to handle their finances" and sent the findings to the VA fiduciary department in the first place many years ago, and she was (and still is) working for VA mental health at the time of the diagnosis. They were there to be involved in the findings of other branches of the VA back then.
What about more recently? well, remember me saying earlyer that VA vocational rehabilitation, life skills has denied me treatment? Again to the Code of federal regulations- this time title 38, section 21.53(f)- "Independent living services. the counseling psychologist shall determine the current reasonable feasiblity of a program of independant living services"- interesting- isn't my counselling psychologist my mental health provider at the VA medical center? So, my counseling psychologist can say I am not fit for VA Vocational rehabilitation, life skills- but the VA mental health facility is not there to be involved in the findings of other branches of the VA? Things that make you go "HMMMMM"
Right now I simply wish a treatment plan that does not negitively lable me, that allows me to make informed desisions about my treatment, and includes a closed-ended written plan.
If there are areas of that plan that the is beond the scope of the VA hospital, I want to be able to reliece my disablity funds to pay for these portions of my treatment plan myself- relieced without argument by my federally assigned fiduciary- or I want VA Vocational rehabilitation to stop denyining me life skills treatment, and have them pay for the areas of my treatment plan that go beond the scope of the VA medical treatment facility.
I want that treatment plan to include time management, orginization skills, victimization classes, replacing of negitive externals (and negitive labling) with positive internals, positive thinking, epowerment, recognizing triggers, anger management, recognition of mania (both depression and verbal adjitation) and coping skills, and treatment for compulsive gambling (even though I have not gambled in a long time) incorporated with financial management that will lead to the eventual finding of compitancy- in the following three stages (as spelled out in COFR chapter 38, section 13): 1) partial financial management 2) full financial management with supervision by the VA fiduciary department 3) full compitancy back, with total removal of the VA fiduciary department from my life.
One might suggest the DAV- forget it- the DAV is a excellent orginization- and are great for hearings and the likes, but witness avocacy and involvment in how the VA medical ceter treats one is beond the DAV's scope of influence. Thank god for Independant Living Resources- but then again the VA mental health department is trying to deny me the ability to bring in a witness advocate.
The sad thing is that although the spicifics of my delima may be unique to me- the delima is not a unique delima. If one is found incompitant- one is liekly never going to get that compitancy back. If one looks for treatment within the VA mental health division that includes making informed desision- one will always be negitively labled (one can't fight back if the VA can show paperwork that dictates one is a lost cause).
The VA's answer to treatment- medicate the individual to complacency. I will not accept this, as this is not treatment. I have a right to witness advocacy, I have a right to make informed desisions, and I have a right to be involved in my treatment plan. I am not going to roll over and give up my basic human rights. Truth is, my basic human rights have already been removed from me- but I am not going to let it stay that way.
Am I willing to risk my permanent VA disablity income? Am I willing to risk my dependents benifits (Like my wife's CHAMPVA)? The consept is scary- but the answer is YES. No amount of money is worth the removal of one's basic human rights. You would have to experience it to understand.
Rondal
Beaverton, Oregon
U.S.A.
One does not need to be found incompitant by a judge to be found incompitant by the Veterans administration's Fiducary department- this is not only in Oregon, but is throughout the united states.
There are many reasons why one can be found incompitant. I was personally found incompitant because of a compulsive gambling problem attached to bipolar disorder.
Usually a finding of incompitancy is innitiated by the VA medical facility. However, once the VA medical facility has reported it's findings to the VA regional office, they are unlikey to get involved in bringing about treatment that can lead to even gaining partial compitancy back. Once incompitant, always incompitant.
For me, this is when the nightmare began- I have fought for treatment that includes gambling treatment, victomization classes, time management, orginization skills, recognition of triggers, recognition of racing thoughs, recognition of mania (both depression and verbal adgitation), anger management, and replacing of negitive externals with positive internals.
After experiencing everything from gillum barr-like syptoms in 1999 to cluster headaches as side effects of one of my medications, and extreeme sleep and inability to think or funtion on another medication, and complaining about said symptoms, to no avail, I checked the symptomology of medications used in the treatment of bipolar disorder at the FDA's website- and decided, after studying not only the medications they prescribed me, but the alternate choices, that medications were not for me. This was marked as "non-medication management compliance"- there is no such thing as "informed desision" in the VA mental health facility.
I have attempted to recieve a written treatment plan from VA mental health that included my input and my long-term goals- to no avail. In return I have been marked negitively labled as "acts against medical advice".
I can give many more examples of "negitive labling" in my VA mental records, but will not. cerfice it to say that it is in the VA's best interest to put as many negitive lables on a disabled veteran as posible- the worse the veteran appears in paperwork, the less the veteran will be listened to. Social stigmitation goes a long way in the removal of one's voice.
What about treatment outside of the veteran's administration for a incompitant veteran with a fiduciary in place? Forget it- neither the VA fiduciary department nor the federally assigned fiduciary will reliece veteran's funds for medical treatment outside of the veterans administration in dealing with a service connected disablity.
I bet I can guess what the average reader would be thinking right now- the VA can't do this- OH YES THEY CAN- check the Code Of Federal regulations, chapter 38, section 13.
I can't fire my fiduciary, I can't assign a family member as my fiduciary, I can plan a budget, but my fiduciary does not have to impliment it. I can only invest in US savings bonds or specific interest bering accounts. I can suggest how I want my finances to be spent, but my fiduciary does not have to obey my suggestion.
I try to impliment a closed-ended, written treatment plan through VA mental health- NO GO. I try to impliment a treatment plan through VA Vocational Rehabilitation, Life skills- NO GO.
So what hapens when I get tired of it? well, I go to state vocational rehabilitation, and find alternate treatment through Independant living resources- and find a witness advocate, willing to go with me to VA mental health- and what is VA mental health's responce when the find out? The head of the Portland VA mental health department- one Dr Drummand (spelling may be wrong) calls me and tells me bringing in a witness advocate so that I can make informed desisions without fear of negitive labling, and be involved in my treatment plan, put in place a written treatment plan- or have a non-biased witness is not acceptable. It does not generate a system of trust between me and my mental health provider.
He then tells me that I misunderstand the purpose of VA mental health. They are not there to be involved in the findings of other branches of the VA (like the VA regional office- either Vocational rehabilitation, life skills or the VA fiduciary department.)
This is really interesting- since one Deb Wilson, nurse practitioner was the original person that diagnosed both me and my wife as "incompitant to handle their finances" and sent the findings to the VA fiduciary department in the first place many years ago, and she was (and still is) working for VA mental health at the time of the diagnosis. They were there to be involved in the findings of other branches of the VA back then.
What about more recently? well, remember me saying earlyer that VA vocational rehabilitation, life skills has denied me treatment? Again to the Code of federal regulations- this time title 38, section 21.53(f)- "Independent living services. the counseling psychologist shall determine the current reasonable feasiblity of a program of independant living services"- interesting- isn't my counselling psychologist my mental health provider at the VA medical center? So, my counseling psychologist can say I am not fit for VA Vocational rehabilitation, life skills- but the VA mental health facility is not there to be involved in the findings of other branches of the VA? Things that make you go "HMMMMM"
Right now I simply wish a treatment plan that does not negitively lable me, that allows me to make informed desisions about my treatment, and includes a closed-ended written plan.
If there are areas of that plan that the is beond the scope of the VA hospital, I want to be able to reliece my disablity funds to pay for these portions of my treatment plan myself- relieced without argument by my federally assigned fiduciary- or I want VA Vocational rehabilitation to stop denyining me life skills treatment, and have them pay for the areas of my treatment plan that go beond the scope of the VA medical treatment facility.
I want that treatment plan to include time management, orginization skills, victimization classes, replacing of negitive externals (and negitive labling) with positive internals, positive thinking, epowerment, recognizing triggers, anger management, recognition of mania (both depression and verbal adjitation) and coping skills, and treatment for compulsive gambling (even though I have not gambled in a long time) incorporated with financial management that will lead to the eventual finding of compitancy- in the following three stages (as spelled out in COFR chapter 38, section 13): 1) partial financial management 2) full financial management with supervision by the VA fiduciary department 3) full compitancy back, with total removal of the VA fiduciary department from my life.
One might suggest the DAV- forget it- the DAV is a excellent orginization- and are great for hearings and the likes, but witness avocacy and involvment in how the VA medical ceter treats one is beond the DAV's scope of influence. Thank god for Independant Living Resources- but then again the VA mental health department is trying to deny me the ability to bring in a witness advocate.
The sad thing is that although the spicifics of my delima may be unique to me- the delima is not a unique delima. If one is found incompitant- one is liekly never going to get that compitancy back. If one looks for treatment within the VA mental health division that includes making informed desision- one will always be negitively labled (one can't fight back if the VA can show paperwork that dictates one is a lost cause).
The VA's answer to treatment- medicate the individual to complacency. I will not accept this, as this is not treatment. I have a right to witness advocacy, I have a right to make informed desisions, and I have a right to be involved in my treatment plan. I am not going to roll over and give up my basic human rights. Truth is, my basic human rights have already been removed from me- but I am not going to let it stay that way.
Am I willing to risk my permanent VA disablity income? Am I willing to risk my dependents benifits (Like my wife's CHAMPVA)? The consept is scary- but the answer is YES. No amount of money is worth the removal of one's basic human rights. You would have to experience it to understand.
Rondal
Beaverton, Oregon
U.S.A.
3 Updates & Rebuttals
Rondal
Beaverton,Oregon,
U.S.A.
VA fiduciary departament doing vets wrong
#2Author of original report
Wed, April 19, 2006
I just got off the phone with the VA fiduciary department, after finding out about m21-1mr (the laws pertaining to the VA fiduciary department itself) The lady that answered the phone at the VA fiduciary department at the portland Regional office did not know what "m21-1mr" was. When I told her it was the laws directly pertaining to the VA fiduciary department- she seemed not to believe me. When I mentioned that my wife was incompitant according to the VA fiduciary department- she corrected me- it was not the VA fiduciary deparemtment that had found my wife incompitant- it was the VA medical center- the VA fiduciary department was only folowing up on the findings of the VA medical center. Remember- the VA mental health department of the VA medical center told me recently that they had nothing to do with the desision of the VA regional office. I then started stating part XI, chapter 2, section F of M21-iMR (Issues concerning insurance programs)- she did not want to hear, told me a field investigator was coming to my house soon, and politely hung up on me. It so happens that in the year 2004, me and my wife were assigned to Safety-Net of Oregon as our fiduciary for our VA income. At the time my wife had got CHAMPVA.- a dependent's VA medical insurance- that was retroactive. Me and my wife tried to deal with three different previous insurance companies- and with the VA fiduciary department then. The responce: That was not the job of my VA assigned fiduciary. But it was the job of my VA assigned fiduciary IF i understand what I am reading under m21-1mr, part X1, chapter 2, section F "issues concerning insurance programs" (and I believe I am understanding it correctly). Neither my wife nor I were able to get the retroactive pay through in a timely mannor- and part of this was due to information blockades put in place by the VA assigned fiduciary and the VA fiduciary department itself. This cost me and my wife somewhere between $2000-$5000 dollars in retroactive insurance payments from CHAMPVA.- a definate misuse of funds by not only my VA assigned fiduciary, but the VA fiduciary department itself (remember- it was the VA fiduciary department who said that it was not my VA assigned fiduciary's job to handle "issues concerning insuranc programs" - there are also other laws through m21-1mr that I believe may also apply in this case, since the VA fiduciary department it's self was involved in the misuse of VA funds in the year 2004 that cost us between 2000-5000 dollars. I called the DAV- as this was involving the VA fiduciary department- which is the VA regional office- the DAV's responce- NOT THEIR JOB. DAV suggestion: contact a private lawyer for a tort. I tried to explain to the DAV representitive that I could not hire a private lawyer- I don't have control of my VA finances, and funds won't be granted for this purpose- and I make too much money for a pro-bono lawyer- he just re-suggested that I hire a private lawyer for a TORT. Is this protecting the disabled Vet- or is it removing basic rights? These letters are being hidden in the background of repoffreport.com, as there are probably not many people here that are interested in the bad busness practices of the Veterans administration and badly written laws that set up situations where a veteran can be legally abused (abuse is abuse, legal or not). There are some well written laws as well- but they seem to not be activated by the VA hospital, and the VA hospital patient advocacy does not do their job under VHA handbook 1003.4, nor does the VA fiduciary department seem to be awair of their own handbook M21-1MR (which is poorly written, as it can cut off funds compleatly from the veteran and his/her dependents for 3-6 months) and there are definate blockades to improvement, or to even standing up for one's basic rights involved here- as well as cohersion- all LEGAL. since this only effects a small population of veterans- who by the very term "incompitant", dont have the ability to understand rules and regulations (nothing I have said here matters, I don't understand my rights)- who will listen?- then again, one has to pose the question- how many incompitant vets actually can't understand their rights (who is protecting them). certainly not the Veterans administration. Forget about judges- a judge can find a incompitant veteran fully compitant, and the VA does not have to listen (M21-1MR). definatly not any juditial process (one can be found incompitant throught the VA without juditial process, as I mentioned above) again- this is not only effecting me- it effects many veterans nationwide. I beg someone to take note.
Rondal
Beaverton,Oregon,
U.S.A.
VA incompitant veterans- here is some help
#3Author of original report
Wed, April 19, 2006
I am in the middle of a battle right now, because of my being found to be incompitant to handle my finances by the VA fiduciary department. After contacting DAV, and asking some questions- I have found that the DAV does not have athority over the VA hospital, their power ends at the VA regional office. When you go to see your mental health care professional at the VA- they will tell you that they are not there to help you get your compitancy back- they are there to track your medication and to give you psycho-therapy. This sounds correct, except for the fact that they made the suggestion to the VA fiduciary depatment in the first place. Of course, they did not make the determining desision, the VA field investgator did. The problem is that the VA fiduciary department does not have to listen to the findings of care sought outside the VA hospital, so dispite what your VA mental health care providers tell you,(which is partially true) it is actually they who have to find you compitant- and guess what- THAT WILL NEVER HAPPEN IF YOU DON'T EMPOWER YOURSELF! empowerment is not easy. Don't even go to the VA hospital's patient advocacy- they won't do their job (their job can be found, by the way, at http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1303 (this is also known as VHA handbook 1003.4) Pay attention to this: "(11) Understanding facility and VHA-wide directives, laws, and other governance's which apply to patient rights and responsiblitiies, and the appeals process afforded veteran patients as outlined in the Reference paragraph of this Handbook." (12) Ensuring mental health patients, or their surrogate decision makers, are aware of their right to seek represnetation from external advocacy groups established and authorized under Title 42, Chapter 114, Subchapter 1, Part A of United States Code (U.S.C.)" This is located on page 5 under (e)"facility or medical center patient advocate"- in the VHA handbook 1003.4, as listed in the website above. It is important to note what (12) sais there. It makes an indirect reference to "surrogate decision makers"- what is that? Good question- and the question that can start to set one free- but only with a battle (it is likely I will have to go to court (I know, "imposible, how can I go to court when I can't manage my finances- the answer is NAMI- but that is later- one first needs a witness advocate and another VHA handbook) Getting the idea this would be a difficult task for even a mentally/emotionally sound individual?- it is!- but no one is going to help you- you must be willing to study yourself- emotional problem or not- no one will give you the answers except you (regretably)- but I, as a fellow "incompitant" will point you in the right direction. Next website- next VHA handbook ( http://www.hiv.va.gov/pdf/va01-pr/prtop-04/concent_treatment.pdf ) Don't ask me why this handout is hidden under the guize of "HIV"- it has almost nothing to do with HIV- and almost everything to do with what a "surrogate decision maker" is- and much much more- if you are a incompitant vet- this VHA handout is a MUST HAVE- GO TO http://www.hiv.va.gov/pdf/va01-pr/prtop-04/consent_treatment.pdf and PRINT OUT PATIENT HANDBOOK 1004.1 IMMEDIATLEY IF NOT SOONER! good news!- it is written in the DEMANDIVE, not the PASSIVE (like Code of federal regulation chapter 38, title 13- also a must know for incompitant veterans) So, what does it say and do? It for one explains "surrogate decision maker"- YOU MUST HAVE ONE (I bet you don't- I don't- but will) it also demands that your "desision making capacity" must be assessed regularly by your mental health clinitian- to determine if it returns! Again, a MUST DO- and IT IS NOT BEING DONE! (pay close attention to page 4- under 7 (a-f). VHA handbook 1004.1 also allows you (or your surrogate desision maker) to be involved in your treatment plan- to include writing your own treatment plan. EMPOWERMENT INCARNATE- but you must fight for the VA to do WHAT THEY MUST DO (now that is sad) What makes this expecally sad is that to activate an ADVANCED DIRECTIVE under VHA handout 1004.2 (I don't have the website to 1004.2 currently- I will have to get back to you on this), a incompitant veteran must first go through VHA handowout 1004.1. What is so important about "advanced directive"?- news for you- it does not cover just your wishes if you are dying- it covers your wishes to all forms of treatment that may happen in the future. "If I go manic, and go on a spending spree- I want my father to step up to bat and take my credit cards, car keys, ect)- of course it has to be written differently- and even then- it can't be implimented untill one gets at least partial compitancy back- but mentioning it shows that you are interested in protecting yourself- and that goes a long way towards proving compitancy. I have much more- and am finding out more every day- but I will end here for today. I wish I could get hold of a list of many incompitant veterans and their families- this problem is rediculus, ongoing, and is not helping or protecting the best interests of the "incompitant veterans"- the laws are badly written, the rights one does have are hidden (HIV- when it is talking about compitancy and desision making processes- lol) Oh, and take a look at the M21-1MH (VA FIDUCIARY DEPARTMENT LAWS)- they are really scary- if you complain to the VA fiduciary deptartment- and the complaint is valid- guess what?- they have to investigate (good, right?- WRONG)- they can deny you your VA disability income for up to 6 months while they investigate- you will have to look this up yourself- but a good starting place is: http://www.warms.vba.va.gov/admin20/letters/vba05%5F34.doc The press really really needs to take note- this is good stuff- and this coming from one who was found "incompitant"- (you can be found incompitant by the VA without a juditial process- and a judge finding you compitant will not end the VA's findings- only a VA mental health care provider finding one incopitant will stand a chance of doing that- don't take my word for it- call the DAV, look at the laws. THIS IS NOT RIGHT- AND IT NEEDS PUBLICITY.
Melanie
Nampa,Idaho,
U.S.A.
Incompetent in Idaho
#4Consumer Comment
Sun, March 19, 2006
I to was found incompetent to manage my own financial affairs due to being bi-polar and sometimes going on spending sprees. Even when I went on sprees I never went into debt because them. I was assigned a fidicuary in Jul 2003. I am a single with a son who just started college in Aug 2005. Everything was fine until my son started college. I am now on a monthly allowance and have been informed I cannot use any of my money to help my son, because my money is for me only. Needless to say they have not managed my money properly several of my accounts went into collection before they paid them. I asked what if something happens to my son or father and I need to fly to Sacramento, CA on the weekend like when my mother was dying (then I had a credit card I wasn't suppose to use. I also used it to pay the first semester of my son's college) I was told I would have to either borrow money from someone else in my family or wait until Mon. when their office was open. I found this totally unacceptable. I also asked what would happen to the $26,000 they have in an account when I die and they told me it would go to my son. I found it very ironic that I can't help my son while he's in college, but when I die he'll get all money. I send my son money from my allowance and that often leaves me short. This month I had to get a cash advance just to have money for groceries and other expenses. They have to be crazy if they think I won't help my son and only child financially. I'm totally disabled and only have my SSI/VA disability to rely on. I am now going to try and fight for control of my finances again. I totally relate to what your going through. I'll fight the VA tooth and nail. I wish you the best in your endeavour. M. Campbell USN
