On January 24, 2013, the Court of Appeals for Veterans Claims (CAVC) issued a panel opinion in Clennan v. Shinseki, regarding the procedures involved in finding a veteran incompetent to handle the disbursement of benefits and the appoint a fiduciary.
This case has a long, and possibly unnecessary, procedural history. The important takeaway for a veteran, however, is if you receive a correspondence from the Department of Veterans Affairs (VA) proposing that you are incompetent, there are certain rights that are afforded to you. Please contact Fink Rosner Ershow-Levenberg at (732) 382-6070 or email me at sdirector@FRE-L.com immediately so we can better explain your rights under 38 U.S.C. § 5502(a) and 38 C.F.R. § 13.55, 13.56.