Fraudulent Claim At The Bva

[Berta]

http://www.va.gov/vetapp01/files03/0120695.txt

I was searching for something else and read this-

"Accordingly, the Board finds that the veteran knowingly,

deliberately, and intentionally presented materially false

and fraudulent statements to the VA in support of his claims

for service connection compensation benefits, and due to such

actions, he has forfeited his rights to VA benefits (aside

from insurance benefits) under 38 U.S.C.A. § 6103(a).

If the positive and negative evidence was in approximate

equipoise, the law requires that the benefit sought be

granted, as the veteran is entitled to the benefit of the

doubt. 38 U.S.C.A. § 5107(B); 38 C.F.R. § 3.102 (2000). In

this case, however, the positive and negative evidence is not

in equipoise. Accordingly, the benefit of the doubt does not

apply.

ORDER

Forfeiture was properly declared against the veteran pursuant

to the provisions of 38 U.S.C.A. § 6103. The appeal is

denied."

Somehow this veteran gave VA false information and statements that triggered them to investigate

him.

[evandc]

Berta,

My all time favorite fraudulent claim at BVA was years ago. The vet had claim for PTSD from his Vietnam Service. VA turned him down, no Vietnam Service on DD 214. The veteran submitted another DD214 with some Nam awards. No stressor & he didn't have any of those awards that could be used to support his claim. His third or fourth DD214 included among other awards, the Medal of Honor. BVA relied that his records did not support his service or medals. Can't remember what they did to him, but he gets my award for Dumb Vet Award.

Don

[Testvet]

my favorite one was the vet down in Floriad a few years ago that claimed he was paralyzed and needed a wheel chair, they had pictures of him driving his Cadillac to the VA walking around to the trunk getting the chair out and then sitting down and rolling himself inside, then after the Appt he is shown getting out of the chair, putting it back in the trunk, walking to the door and getting in. Then later that day, he got into it with a police officer and was chasing the cop down the street on the cop's dashboard camera, now that was one dumb SOB.

The other ones that get my you got a sign award are the brothers of real vets that never served themselves and try to pass themselves off as their brothers.

[Guest Dataman]

MOH too? I got me a E2 with one of those at Travis one day. He was going home after Basic. Green Berit too. And a 1 Striper (Army). I think I spoiled his day when I stopped him (Law Enforcement in USAF).

I have never personally met a Metal of Honor winner. Not many alive. Most get it after giving up their life.

[Pete53]

MOH too? I got me a E2 with one of those at Travis one day. He was going home after Basic. Green Berit too. And a 1 Striper (Army). I think I spoiled his day when I stopped him (Law Enforcement in USAF).

I have never personally met a Metal of Honor winner. Not many alive. Most get it after giving up their life.

I have met two MOH Awardees. Both are now dead but they both deserved the award and I am glad I was able to shake their hands. One was from WWI and the other was Roy Benevides from Viet Nam and both Texas Veterans. Both have since passed away.

Data was correct most who get the MOH get it from the grave.If you ever have the chance to meet one go to any length its a real honor to be in the same room with one.

[Guest fla_viking]

Dear Fellow Veterans & Friends

I wonder what the punishment for the VA is when the VA knowingly delibertly,and intentenally presents materially fals and fraudulant statements? This sounds like good grounds for an appeal or claim for CUE.

Terry Higgins

[john999]

Terry

I think the punishment for fraud by the VA is promotion to senior claims examiner.