Section A. Evaluating Competency Overview In This Section This section contains the following topics: Topic Topic Name 1 Guidelines for Evaluating Competency 2 Considering Competency Evaluating Evidence 3 Process for Making Competency Determinations 4 Changing Competency Status 5 Evaluating Competency in Special Circumstances 1. Guidelines for Evaluating Competency Introduction This contains information on the guidelines for evaluating competency, including jurisdiction for competency determinations effect of judicial findings on rating activity decisions related to competency presuming competency making a finding of incompetency, and considering the Veterans Service Center Manager’s (VSCM’s) opinion regarding competency. Change Date August 27, 2015 a. Jurisdiction for Competency Determinations Jurisdiction on competency determinations for Department of Veterans Affairs (VA) purposes is dependent on the stage of the process the decision is in. Use the table below to determine jurisdiction of the competency determination. If ... Then ... an initial competency determination is needed, and the rating activity at the original station of origination (SOO) has sole
no court decree of incompetency or court appointment of a fiduciary by reason of incompetency has been received authority to make the original competency determination. an initial competency determination is needed, and either a court decree of incompetency or court appointment of a fiduciary by reason of incompetency has been received a proposal of incompetency/due process is not required per . The claims folder may be referred directly to the fiduciary hub for appointment of a fiduciary. Reference: For more information on referral of court documents to the fiduciary hub, see M21-1, Part III, Subpart iv, 8.A.5. a finding of incompetency has been proposed, and no additional medical evidence or request for a hearing has been received the Fiduciary Service Representative (FSR) has the authority to finalize the competency determination. Important: The FSR does not have the authority to overturn the proposed competency decision. a finding of incompetency has been proposed, and either additional medical evidence or a request for a hearing has been received the rating activity co-located with the fiduciary hub has the authority to make the final competency determination. an appeal is received regarding a competency determination, and the competency determination was completed by the fiduciary hub the Veterans Service Center (VSC) co-located with the fiduciary hub has jurisdiction over the appeal. an appeal is received regarding a competency determination, and the competency determination was completed by a VSC/Pension Management Center (PMC) the VSC/PMC that completed the competency determination has jurisdiction over the appeal. an appeal is received regarding the appointment of a fiduciary the fiduciary hub handles all appeals of fiduciary appointments. Reference: For more information on competency determinations, see , and M21-1, Part III, Subpart iv, 8.
the mental condition in the Narrative discussion of the 100-percent evaluation. The following text has been added to the glossary as VA COMPETENT within VBMS-R for selection in these cases: There is no evidence of record that shows that you are unable to manage your financial affairs. References: For more information on the presumption of competency, see M21-1, Part III, Subpart iv, 8.A.1.c the evidentiary standard for proposing incompetency, see M21-1, Part III, Subpart iv, 8.A.1.d, and subordinate issues and ancillary benefits, see M21-1, Part III, Subpart iv, 6.B.2. b. Considering the Competency of a Child Permanently Incapable of Self-Support If the claimant is a child over the age of 18 and permanently incapable of the rating activity must resolve the issue of competency for the child because entitlement depends upon permanent incapacity for self-support due to physical or mental disability. If incapacity is due to mental disability consider competency a factor in determining whether the child is permanently incapable of self-support determine competency under the same criteria applicable to Veterans, and record the determination in a rating. Note: Since the incompetency procedures referred to in M21-1, Part III, Subpart v, 9.B.3 are for payment purposes, do not apply those procedures except in cases where the child would receive direct payment in his/her own right. References: For more information on due process procedures in incompetency see M21-1, Part III, Subpart v, 9.B.3, and conditions which determine permanent incapacity for self-support, see . c. Considering the Competency of Other Beneficiaries If there is evidence of incompetency and the claimant is another beneficiary, such as a surviving spouse, parent, or VA insurance beneficiary consider competency a rating issue under except when there has been a judicial determination of incompetency, and propose a rating on the issue or undertake any required development. References: For more information on
processing judicial determinations of incompetency, see M21-1, Part III, Subpart v, 9.B.2.g processing a court decree of incompetency or court appointment of a fiduciary by reason of incompetency, see M21-1, Part III, Subpart v, 9.B.2.f, and processing a court appointment of a fiduciary without a judicial determination of incompetency, see M21-1, Part III, Subpart v, 9.B.2.e. 3. Process for Making Competency Determinations Introduction This contains information about the process for making competency determinations, including making initial competency determinations based on medical evidence jurisdiction of a final competency determination, and making final competency determinations when additional medical evidence or a hearing request is received. Change Date November 13, 2015 a. Making Initial Competency Determinations on Medical Evidence The regional office (RO) is responsible for all initial competency determinations based on medical evidence. The table below describes the actions involved in making initial competency determinations based on receipt of medical evidence. Step Responsible Employee Action 1 Rating Veterans Service Representative (RVSR) or designee Prepares a rating decision proposing a finding of incompetency after receiving clear and convincing evidence that a payee is incapable of managing his/her own affairs, including disbursement of funds without limitation, and