Click To Ask Your VA Claims Question
Read Disability Claims Articles
View All Forums | Chats and Other Events | Donate | Blogs | New Users | Search | Rules
- 0
TDIU wannabee recent BVA decision
Rate this question
Click To Ask Your VA Claims Question
Read Disability Claims Articles
View All Forums | Chats and Other Events | Donate | Blogs | New Users | Search | Rules
Rate this question
Question
Berta
It amazes me to see the few and far between veterans who try to cheat the system:
"ORDER
The severance of total disability rating based on individual unemployability (TDIU) from August 15, 2008 was proper; restoration of entitlement to TDIU is not warranted.
The severance of special monthly compensation (SMC), from November 26, 2008 was proper; restoration of entitlement to SMC is not warranted.
The severance of dependent's education benefits (DEA), from August 15, 2008 was proper; restoration of entitlement to DEA is not warranted.:
In part:
"In further correspondence, the Veteran requested that his hearing be moved to the end of January 2017 or early February 2017, as he was on trial "in the same matter that is pending in your Division." See Veteran statement, received by VA December 3, 2016.
Indeed, the Veteran was indicted in September 2016, in United States District Court for benefits fraud and related charged stemming from unemployment applications he allegedly submitted to the Department of Veterans Affairs and the Social Security Administration, in 2008 and 2013, respectively. See Defendants' Motion for Order Directing Release of Plaintiff's Disability Benefits Records, filed in the United Stated District Court, November 2016; received by VA November 4, 2016.
VA rescheduled the hearing to January 31, 2017. See VA correspondence, November 29, 2016. VA called the Veteran on the day of the hearing, and he stated that he will not attend the hearing due to a "scheduling conflict." See report of general information, January 31, 2017.
A February 2017 rating decision discontinued the entitlement to TDIU, effective August 15, 2008. See rating decision, February 2, 2017. "
an:
"In August 2020, the Veteran filed a Motion to Reconsider/Clear and Unmistakable Error Due Process Violation/Request for Expedited Ruling. See Veteran statement, received by VA August 27, 2020. The Board acknowledged the Veteran's Motion in an October 2020 letter. See VA letter, October 7, 2020.
In February 2021, the Board vacated its May 2020 decision. See Board vacatur, February 17, 2021. The vacatur was issued because the Veteran requested a copy of his file in October 2016. See Veteran statement, received by VA October 8, 2016; October 12, 2016. There was no documentation in the claims file that the AOJ fulfilled this request by sending the Veteran a copy of the requested documentation. As such, the FOIA request was still outstanding when the Board issued its decision in May 2020. The issuance of the Board's May 2020 decision constituted an error requiring vacatur. 38 C.F.R. § 20.904. Accordingly, the May 5, 2020 Board decision was vacated in its entirety.
In February 2021, the Motion for Reconsideration was ruled to be moot, and was dismissed, as the Board has vacated its May 14, 2020 decision. See VA letter, February 23, 2021.
The Veteran's FOIA request was fulfilled in July 2021. "
And more:
"Regarding VA fraud, the Report related that the VA Office of Inspector General (OIG) Criminal Investigations Division began an investigation in May 2014 after receiving information that the Veteran was fraudulently receiving TDIU benefits. The investigation determined that the Veteran was gainfully employed while simultaneously receiving TDIU benefits. See Presentence Investigation Report, received by VA December 20, 2017." (
This investodation might have began because of the SSA fraud, as SSA can share info with VA and Vice versa.It is probably at the VA OIG site.
And ( the decision included a creative litany of unusual statements the veteran made as to his work history,(including a spouse buddy letter.)
"In sum, despite the Veteran's contentions to the contrary, the evidence of record reflects that he was gainfully employed during the relevant period on appeal. He was not only gainfully employed, but also did not work in a protected environment such as a family business or sheltered workshop the Veteran owned and operated, and continued to own and operate, a large honeybee farm, and worked in several companies which he left for other opportunities. Notwithstanding this, the Veteran has been found guilty in federal court of providing fraudulent statements to SSA regarding his employment status. The Board finds that the record, outlined above, provides clear and convincing evidence that, at the time of the discontinuance of a TDIU, the Veteran was actually gainfully employed, and that his employment was not marginal. Therefore, the criteria for restoration of a TDIU from August 15, 2008 are not met and the claim is denied. In reaching this conclusion, the Board has considered the applicability of the benefit-of-the-doubt doctrine. However, as the preponderance of the evidence is against the Veteran's claim, that doctrine is not applicable. See 38 U.S.C. § 5107(b); 38 C.F.R. §§ 3.102; Gilbert v. Derwinski, supra.
The veteran lost his TDIU, the DEA status for his children if he had any, and also SMC.
https://www.va.gov/vetapp21/Files8/21049161.txt
Where do these people come from?
Actually a bonafide wannabee taught me a lot, many decades ago- as I read his 17 page BVA decision, a denial of course. ( @1995)
I could not wait for the BVA to come on line then, as the BVA decision is what really helped me understand what the BVA needed that he Could not suppy- Evidence of a PTSD stressor. It seemed to me, that BVA took extraordinary steps to try to verify his stressors. I tried to as well.
He somehow had convinced his VA shrink that he had PTSD from Vietnam. That meant he was stuck with, in his claim, the horrific things he said had caused his PTSD in Vietnam ,to the shrink, and she even helped him get into the 21 day PTSD program in Buffalo NY. Some of the vets called me up ( my husband was in the program with them=(all Combat Vietnam)) teling me they had a wannabee in their midst. They were right but I never knew him until he contacted me after my huband died, a few weeks after he came home from the 21 day inhouse program.
I met 2 other wannabees in NY-one was head of a VVA Chapter ( never served in Vietnam per his claims) and the other was head of another vet org chapter in Rochester. When the members learned he had never served in combat or in Vietnam, they still maintained him as their Prsident because he had actually done a lot for Vietnam veterans.
We had a very disgruntled wife here long ago and she wanted me to report her husband to the VA,because she said he was working a full time job and receiving TDIU. Of course I ignored her request. None of us need to get involved in stuff like that.
added more.
Link to comment
Share on other sites
Top Posters For This Question
3
1
1
1
Popular Days
Jan 23
3
Jan 24
3
Top Posters For This Question
Rivet62 3 posts
Berta 1 post
ArNG11 1 post
pacmanx1 1 post
Popular Days
Jan 23 2022
3 posts
Jan 24 2022
3 posts
Popular Posts
Berta
It amazes me to see the few and far between veterans who try to cheat the system: "ORDER The severance of total disability rating based on individual unemployability (TDIU) from Augus
Posted Images
5 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now