court decree of incompetency or authority to make the original no court appointment of a fiduciary by competency determination. reason of incompetency has been received an initial competency determination a proposal of incompetency/due is needed, and process is not required per . The either a court decree of claims folder may be referred incompetency or court appointment directly to the fiduciary hub for of a fiduciary by reason of appointment of a fiduciary. incompetency has been received For more information on Reference: referral of court documents to the fiduciary hub, see M21-1, Part III, Subpart iv, 8.A.5. a finding of incompetency has been the Fiduciary Service Representative proposed, and (FSR) has the authority to finalize additional medical evidence or the competency determination. no request for a hearing has been received The FSR does have Important: not the authority to overturn the proposed competency decision. a finding of incompetency has been the rating activity co-located with proposed, and the fiduciary hub has the authority to either additional medical evidence make the final competency a request for a hearing has been determination. or received an appeal is received regarding a the Veterans Service Center (VSC) competency determination, and co-located with the fiduciary hub has the competency determination was jurisdiction over the appeal. completed by the fiduciary hub an appeal is received regarding a the VSC/PMC that completed the competency determination, and competency determination has the competency determination was jurisdiction over the appeal. completed by a VSC/Pension Management Center (PMC) an appeal is received regarding the the fiduciary hub handles all appeals appointment of a fiduciary of fiduciary appointments. For more information on competency determinations, see Reference: , and M21-1, Part III, Subpart iv, 8.
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.
11-13-15_Key%20Changes_M21-1III_iv_8_SecA.docx