6. Due Process Requirements for Incompetency Determinations This topic contains information on due process requirements for Introduction incompetency determinations, including , and . Change Date December 19, 2014 Notice of a proposed rating of incompetency must include: a. Elements of a Notice of a Proposed a copy of the proposed rating decision or a short summary of the facts and Rating of evidence of record that supports the finding of incompetency Incompetency an explanation of the effect that a finding of incompetency has on the payment of VA benefits notice that a VA rating of incompetency prevents the beneficiary from purchasing firearms, according to the Brady Handgun Violence Prevention Act (the Brady Act) a statement of the right to beneficiary’s submit evidence to show why the proposed action should not be taken request a personal hearing to present evidence, and have representation during the hearing, and an indication that the beneficiary has 60 days to respond to the notice. If a beneficiary requests a hearing at any time VA makes a final Note: before decision on the competency, VA will postpone making the final beneficiary’s decision until after it holds the hearing. References: For sample language for notice of a proposed rating of incompetency, see . For more information about the Brady Act, see .
6. Due Process Requirements for Incompetency Determinations Introduction This topic contains information on due process requirements for incompetency determinations, including , and . Change Date December 19, 2014 a. Elements of a Notice of a Proposed Rating of Incompetency Notice of a proposed rating of incompetency must include: a copy of the proposed rating decision or a short summary of the facts and evidence of record that supports the finding of incompetency an explanation of the effect that a finding of incompetency has on the payment of VA benefits notice that a VA rating of incompetency prevents the beneficiary from purchasing firearms, according to the Brady Handgun Violence Prevention Act (the Brady Act) a statement of the beneficiary’s right to submit evidence to show why the proposed action should not be taken request a personal hearing to present evidence, and have representation during the hearing, and an indication that the beneficiary has 60 days to respond to the notice. Note: If a beneficiary requests a hearing at any time before VA makes a final decision on the beneficiary’s competency, VA will postpone making the final decision until after it holds the hearing. References: For sample language for notice of a proposed rating of incompetency, see . For more information about the Brady Act, see .