From March 2019 to February 2021, VA special agents investigated Rich, surveilling and following him. My girlfriend thinks Im paranoid and I should just live my life. Your experience could inform our reporting. Eastern District of North Carolina In total, STANFORD improperly collected $521,003.07 from the VA, and another $7,575.30 from the VA. At sentencing, the court ordered STANFORD to repay the stolen funds as restitution. He notes that over the last 13 years, the number of veterans on disability for PTSD has increased from 133,745 to more than 656,000. I have been in a wheelchair since 2005, he said, according to the affidavit. VA fiduciary hubs review all claims of misuse. The agents witnessed him place a wheelchair into his trunk before appointments. Miami, Fl. Allegedly, some veterans have made it a fulltime job for themselves looking for veterans who may be defrauding the government. This lack of factual integrity or evidentiary integrityhas nothing to do with lying or truth-telling. And, most important in a VA claim, if the VA or BVA uses the word credibility as a basis for denying your appeal, get an attorney to help you at the CAVC. 4th Street Veteran Crisis Hotline Dial 988 Press 1 Call or Text or Chat. Its why we incur tens of thousands of dollars in debt and 3 years of living hell in law school. This case was investigated by the Department of Veterans Affairs Office of Inspector General. A post shared by William Rich (@aik_swoo), An August 2005 MRI exam showed no [spinal] cord impingement or [spinal] cord abnormalities, according to court documents. I It was Abraham Lincoln who said the purpose of the VA was to "care for him who shall have borne the battle." To properly corroborate Lay Evidence demonstrating the facts of the Impairment Rating Pillar, for example, you have to fortify the Veterans statement with additional evidence of the Frequency, Chronology, and Severity of the Symptomsand Limitations that the Veteran experiences. These tests consist of "simple memory or perception tasks that are combined with a two-alternative, forced-choice procedure." Box 50410, Washington, D.C. 20091-0410. Can the VA force you to have a fiduciary? You can consult top AFT lawyers in India to file your complaint who will suggest you the correct recourse and draft and file your complaint with the AFT tribunal. Or maybe they want to seem cool because they have that Afghanistan Campaign Medal on their chest but not a Combat Action Ribbon. Sentencing is scheduled for August 11, 2022, in Fort Pierce before Judge Aileen M. Cannon. Call us today, and you'll speak to an intake specialist for free. In this post, Im going to show you some simpler ways to argue that yourevidence in a VA Claim is credible (or the VAs evidence is not credible). It is being prosecuted by Assistant United States Attorney Robin Waugh. Podcast; VA Compensation and Pension Exams; VA Law Articles; Schedule for Rating Disabilities; Adjudication Manual; Title 38 / 38 CFR; VA M21 Adjudication Manual; VA M28 Vocational Rehabilitation; VA Federal Register Annoucement; Military Service Records Access your favorite topics in a personalized feed while you're on the go. Rich, of Windsor Mill, Md., enlisted in the Army in September 1998 and served on active duty until February 2007. For whatever reason, these veterans will lie to make their deployment sound like a Call of Duty mission. Your email address will not be published. If you need a lawyer, fill out a contact form at the law firm of Attig Steel: https://www.attigsteel.com/contact-us/. New comments cannot be posted and votes cannot be cast. This isnt the integrity of truth-telling, honesty, or good character although sometimes it could mean that. A .gov website belongs to an official government organization in the United States. What Can Happen To Me? Its usually because there is a fact in the chain missing: because a fact in the story feels like it is missing, the story doesnt have integrity. Tell us about it in the comments section below, or e-mail us at Impatient@scpr.org. If you are visiting r/veterans for the first time please read the rules. William Rich, Investigation of this case was conducted by the Department of Veterans Affairs Office of the Inspector General, and the Social Security Administration Office of the Inspector General. The HASC approved the Major Richard Star Act, which would ensure service members who medically retire before 20 years have full access to both retirement pay and VA disability benefits. Raleigh, North Carolina - United States Attorney Thomas G. Walker announced that in federal court today Chief United States District Judge James C. Dever sentenced ANTHONY PATRICK STANFORD, 39, of Fayetteville, NC, to 24 months in prison, followed by 3 years of supervised release, upon conviction for Making Material False Statements to the Department of Veterans Affairs (VA), in violation of Title 18, United States Code, Section 1001, and Making Material False Statements to the Social Security Administration (SSA), in violation of Title 18, United States Code, Section 1001. Between 2019 and 2021, investigators also saw Rich put his wheelchair in the trunk of his car before driving himself to doctor's appointments. They understand that combat isn't easy, and veterans can suffer from physical injuries as well as psychological traumas, including PTSD. Skip to Content An official website of the United States government Heres how you know We are here to support one another, and help resolve any VA / Veterans related issues. (Does the witness offering the evidence or testimony have a Bias). The operator asked if he was able to walk at all or carry anything, to which Rich allegedly responded no.. USAFLS.News@usdoj.gov, Southern District of Florida Box 50410, Washington, D.C. 20091-0410. Va Lying Rich, whose case was unsealed last Wednesday, faces a maximum of 20 years for wire fraud and a maximum of 10 years for theft of government property. Veterans They'll tell you Medal of Honor-worthy stories, but what they won't tell you is that the cat was in the Patrol Base and their platoon commander ordered them to get it out or that they couldn't carry the wounded the whole way and the child was never there. How often does the VA try to lower compensation? As part of his guilty plea, Zachary Barton, 36, admitted he lied on a mental health test by reporting to the VA that he had been in combat, qualifying him for Post-Traumatic Stress Disorder benefits. "It's political," Poyner said. Types of disabilities subject to reexamination are those that can be expected to improve over time. Beneficiary financial counseling and online will preparation VA usually reevaluates veterans service-connected disabilities on two occasions: Six months after leaving military service; and. Live your life, and if you ever On the other hand, some individuals fake symptomsknown as malingering. In other words, none. Because of that one fact, your story doesnt have integrity. Doesnt mean you are lying has nothing to do with lying it just means that your testimony about what you could not actually observe is less credible than someone that could actually observe that same incident, When a person with an interest in the outcome of a dispute offers testimony about a key issue in the dispute, their testimony is slightly less credible than something said by someone who does not have the proverbial dog in the fight.. Mighty Networks, 2023. Have you seen these types of phrases in your BVA Decision? Learn about VA disability pay (compensation) for Veterans, including ratings, which conditions qualify, and how to file a claim. lies What Can Happen To Me? For individuals seeking VA disability, malingering means the VA believes they're exaggerating or lying about symptoms in order to get benefits or increase existing compensation. At Impatient, our goal is to empower you. "It's not prudent to suggest that people who have served our country are not being honest. While not the only questions you might ask to verify the credibility of your VA Claims evidenceor testimony, these 3 questions are a natural place to start. Provide all of the information you gathered in the first step. Myth: Under the ADA, employers must give people with disabilities special privileges, known as accommodations. Specifically, out of 85,288 decisions issued, 30,492 were allowed, or granted. E-mail the VAs OIG at vaoighotline@va.gov, call the Hotline toll free at (800) 488-8244, or send a letter to VA Inspector General Hotline (53E), P.O. Prosecutors say he received over $1 million in disability benefits. VA In stark contrast to Hoovers representations to the VA, agents surveillance, video footage, social media posts, and other evidence showed Hoover driving a car, a three-wheeled motorcycle, an ATV, and a boat. The impact injured his kidney and left him paralyzed, according to court documents. Often asked: What To Write On A Card For A Veteran? Stay up to date with what you want to know. Secure .gov websites use HTTPS An Army veteran lied about being paralyzed to get over $1 million in disability benefits and used some of the money to buy a BMW, feds say. Required fields are marked *. A locked padlock Official websites use .gov All rights reserved. Originally from Utica, Michigan, Dave served four years as an Infantry Rifleman in the United States Marine Corps with the 3d Marine Division. Im not talking about the kind of integrity we all know from our days in service. South Florida Army Veteran Lied About Disability, Stole There were posts of him at the gym, court records show, including one photo of him in front of a mirror and a few videos of him lifting weights. A Report Finds Thousands Of Veterans Had VA Claims But I wanted to see what other veterans who go through the same thing think. You even saved that Vietnamese currency in an envelope of stuff from your military days. Tampa, Florida U.S. District Judge Charlene Edwards Honeywell has sentenced Barry Wayne Hoover (51, Tampa) to 27 months in federal prison and ordered him to pay $429,568.09 in restitution for theft of government funds and false statement to the U.S. Department of Veterans Affairs (VA). Zarembo cites Frueh and others who argue that the VA's disability system incentivizes veterans to report less improvement than other patients in treatment. Does the VA always re evaluate disability? Member-supported news for Southern California, Helping make the health care system work for you. KPCC's Health coverage is a Southern California resource provided by member-supported public radio. What is considered VA disability Fraud? : r/Veterans (Make sure that your evidence is offered by someone with the correct degree of Perception), 2) Did the person asserting the fact have an interest in the outcome (other than you, the Veteran technically, the VA cant consider that fact), or an interest in telling an untruth? STANFORD received these benefits during the period between 2005 and 2012. They'll tell you about that one time they rescued a cat out of a tree or saved an Afghan child from a whole squad of Taliban while carrying their best friend on their back. Main Office: Well, try not to take it personally findings of this nature are not calling a witness or a Veteran a liar. Instead they are just the BVAs way of saying that they dont believe the veteran, without coming out and saying that they dont believe the veteran. Employers engage in this surveillance practice all the time, so it is only logical that the VA, Social Security Administration, or other entities would investigate your Facebook, LinkedIn, Instagram, and Twitter posts for any information to detect fraud concerning disability claims. Some veterans will go on the internet and make it seem like it was an easy day after they got the infamous peanut Learn how your comment data is processed. In fact, Barton routinely performed strenuous weight-lifting leg pressing 650 pounds and chest pressing over 300 pounds. Eligibility For VA Disability Benefits | Veterans Affairs If that Veteran is receiving VA benefits, the VA may require that the Veteran have a fiduciary to manage VA funds on their behalf to ensure that the Veterans benefits are spent in their best interests. In short, your evidence must be competent, credible, probative, material and relevant. U.S. Attorney's Office, Southern District of Florida, South Florida Army Veteran Lied About Disability, Stole Money from VA, Man Charged in Miami with Diamond Smuggling Arrested by Federal Agents, Boca Raton Woman Indicted and Arrested for Violating a U.S. Coast Guard Captain of the Port Order, North Bay Village City Commissioner Who Pretended to be Law Firms Paralegal to See Lover at ICE Detention Center Convicted of Federal Crime. STANFORD further represented that for most of his daily living activities, including feeding, dressing, bathing, and using the toilet, he required help from another person. Based on that examination, Rich was granted permanent VA disability benefits. 400 North Tampa Street If you're a veteran, or you work within the VA system, we want to hear from you: Do you know of instances in which vets have exaggerated or lied about their PTSD? Why Am I Experiencing PTSD So Long After Military Service? During the course of the review, STANFORD falsely represented that he could not dress, bathe, take medicine, prepare meals, do chores, shop, walk, stand, or lift objects over two pounds, without assistance from another person. The VA disability 5-year rule says that a Veteran cannot have their rating reduced if their condition has not improved in the first 5 years after they received their initial rating for the condition. During the evaluation STANFORD falsely represented that he required help from another person for feeding, bathing, and use of the toilet. But first, let me set the stage and explain what Im talking about. Heres an example. E-mail the VA's OIG at vaoighotline@va.gov, call the Hotline toll free at (800) 488-8244, or send a letter to VA Inspector General Hotline (53E), P.O. Although the doctor noted he did not have access to Richs medical records or past medical claims showing contradictory reports, he asserted that Rich still relied on a wheelchair and had no control of his bowel and bladder. He drove, walked his pet, and shopped with no difficulty. A lock ( Would the VA see this as fraud if I started excercising again? Lawmakers Advance Bill to Let Disabled Vets Collect Full How they handled the 'peanut butter' shot. WebFor individuals seeking VA disability, malingering means the VA believes they're exaggerating or lying about symptoms in order to get benefits or increase existing Heres a slightly more passive-aggressive way BVA judges say the same thing: The BVA does not think the veteran is not credible, hes just not an accurate historian.. WebMyth: The ADA gives job applicants with disabilities advantages over job applicants without disabilities. He fraudulently claimed he was legally blind from a service-related injury in the mid-1980s. An official website of the United States government. A locked padlock New Rule allows Presumptive Service Connection for Veterans particulate matter (burn pit) claims. While not all charges of malingering are inaccurate, many times they are. Intrinsic or extrinsic methods of impeachment or rehabilitation can dramatically affect the weight of evidence has. When we talk about the 8 steps to improving a VA Claim, we recognize that the 5th step is to build your VA claim with 5 Star Evidence. In February 2021, Rich phoned VAs national call center to follow up on a pending claim, court documents said. We tackle each of the 5-Stars of evidence in separate posts. In addition, he was given allowances for a caregiver, grants to buy a specially equipped car for someone with disabilities, and funds to adapt his home for a wheelchair, according to court documents. Our attorneys have supported veterans for years, and we'll carefully examine your case and advise you on the best approach for receiving the maximum in disability benefits. Doctors may also use Performance Validity Tests to detect malingering. It was prosecuted by Special Assistant United States Attorney Suzanne Huyler and Assistant United States Attorney Tiffany Fields. VA disability compensation provides tax-free monthly payments. US Attorney's Office in the District of Maryland said in a press release. How Long Does VA Disability Last? As an aside, this is another reason that getting your VA C-file is the most important thing you do in a VA claim if you dont know what the VA has in your C-File, you cannot possibly verify the consistency between and among every piece of evidence in your claim. Trying to navigate Americas complex health care system can be confusing and frustrating. Quick Answer: What Benefits Can A Widow Of A Honorably Discharged Army Veteran Get? (Does your VA claims evidence have Integrity). It could be that you dont remember the exact time you were in Vietnam. Malingering is defined as any patient who intentionally falsifies or grossly exaggerates his symptoms to enjoy outside incentives. WebListening to the voices of Veterans and their journey in the appeals system - VA News To better understand how Veterans experience the process a group of six researchers spoke at length with 92 Veterans whose service spanned the periods from World War II, Korea and Vietnam, to the conflicts in Iraq and Afghanistan. Being Diagnosed With PTSD During Active Duty. This is a subreddit for news, sites, information and events that may interest veterans. We ban and do not look back. Regulation Update: VA Ratings for Kidney Disease and Renal Dysfunction. Between two and five years from the date of the decision to grant VA disability benefits. Currently, he's a screenwriting student at the New York Film Academy and a contributing writer for WATM. If more than one lay witness or more than one piece of lay evidence reinforces the same fact, than it is said in the law to be a corroborated fact. VA claims credibility refers tosomething much different than lying or truth-telling. Tampa Office - (Headquarters): I showVeterans how to do this when developing their own claims and appeals in thisTraining Programand Guidebooks: How to File a VA Claim. If you intentionally make a false statement, or even help someone else present a false statement regarding benefits to the Department, you will forfeit all of your rights and benefits under the laws administered by the Department. Some veterans like to go online and claim that they were always "in the sh*t," but everyone knows they had a ton of free time. Its hard to find bias in a VA Claim the closest you can come is arguing that a particular doctor had a vested interest in the outcome of the C&P exam (other than the fact that his bread is buttered by the bureaucracy that denied your claim, ironically). Disability fraud But veterans who were always garbage on the rifle range will not only lie about their skill but, when cornered, they'll throw out excuses for why they didn't do well on the range. Salwan Georges/The Washington Post via Getty Images, NOW WATCH: I infiltrated the UK's most dangerous drug gangs here's what I learned about drug crime. To Report Veteran Disability Fraud Those lying about disabilities take up the time of benefit claims employees, essentially putting real wounded soldiers behind them in line. When you show this currency to the BVA, however, the date on the bill is after the date you said you were there. Rich, 41, was in the Army from September 1998 and February 2007. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 21-cr-80106. During the course of the scheme, STANFORD even took a trip to Disney World without the aid of a cane, walker, or wheelchair. Malingering and Denied VA Benefits | Cuddigan Law According to Zarembo, a VA Based upon STANFORDs representations to the VA physician, the VA found that STANFORD had suffered a 100% loss of use of both of his upper and lower extremities. Impatient is also a place for dialogue and debate about whats working, whats not, and how to make health care work for everyone. Army veteran William Rich stole $1 million in fake claims after The article also quotes Gail Poyner, an Oklahoma City psychiatrist who says she was fired from a company the VA hired to conduct disability tests "because she insisted on giving veterans tests to determine whether they were exaggerating. Rich had recovered within six weeks of the blast, investigators found. Although STANFORD collected monthly compensation payments and other benefits from the VA and the SSA under the pretense of a complete loss of use of his upper and lower extremities, STANFORD could, in fact, use his upper and lower extremities. So over the years, the powers that be have figured out ways to make VA claims credibility far more complicated than it has to be. They saw him walking, going up and down stairs, entering and exiting vehicles, lifting, bending, and carrying items all without visible limitation or assistance of a medical device, including a wheelchair, the Justice Departments news release said. In plain English. Rich, according to the doctor, was a paraplegic. How To Report A Veteran Who Lied About Disability? Miami, Florida A South Florida veteran (and self-proclaimed bodybuilder) who exaggerated his mental and physical impairments to increase the disability payments he received from the U.S. Department of Veterans Affairs (VA) pled guilty yesterday to theft of government funds from a federal agency and now faces up to 10 years in federal prison. LIFETIME Subscription to the Veterans Law Blog, Quarterly Subscription to the Veterans Law Blog, Annual Subscription to the Veterans Law Blog, Ratings Decision from the VA Regional Office, build your VA claim with 5 Star Evidence, more informed Veteran means a more efficient claims process, adverse VA claims credibility finding by the VA or the BVA, getting your VA C-file is the most important thing you do in a VA claim, use this Sworn Declaration instead of the VA Form 21-4138. unique problems of credibility in VA claims in Professor Nagins article on the topic in the Harvard Law Review. Or 33132, Telephone: (305) 961-9001 The VA further found that STANFORD qualified for various forms of financial assistance from the VA, including aid and attendance benefits, automobile and adaptive equipment benefits, and specially adapted housing benefits. Thus, doctors will document the patient's symptoms, discussions, and complaints that provide a paper trail for others who might use the medical report for decisions such as determining VA disability benefits. You tell an elaborate story of how you passed through the Republic of Vietnam, including how you have Vietnamese currency from a purchase you made there. If a certain fact or statement passes muster or makes sense it is said in the law to be credible. What is the easiest VA disability to claim? About VA Disability Ratings | Veterans Affairs Learn about VA disability ratings, and use the VA disability rating calculator or our ratings table to find your VA These incentives could include avoiding work, obtaining some type of financial compensation, avoiding military duty, obtaining medication, drugs, or other illegal products, and/or evading prosecution for a criminal act. A lock ( WebMan lies about PTSD to get VA disability payments fedsmith This thread is archived New comments cannot be posted and votes cannot be cast 85 149 149 comments Best TheDirtyWeatherMan 4 yr. ago :O You think someone would just lie about/exaggerate a condition just to get a bigger disability check?! If the VA suspects this fraud, they'll likely be denied benefits. He notes that PTSD is difficult to define and diagnose. No matter when or where troops are deployed, there tons of POGs out there who never see direct combat. Secure .gov websites use HTTPS its not just about lying or telling the truth. VA Disability Compensation All comments are welcome. What on earth is that mouthful of legalese!? Its just that all the facts dont add up the way you told it. Todays sentence sends a clear message that veterans who defraud the VA by exaggerating their disabilities will be held accountable, said Special Agent in Charge David Spilker of the Department of Veterans Affairs Office of Inspector Generals Southeast Field Office. Depending on the severity of their condition, he writes, veterans can receive up to $3,000 a month, tax free, for PTSD-related disability. Box 50410, This office commends the work of the VA and SSA for their hard work to achieve justice in this case.. You go in to get surgery on your appendix, but are under anesthesia. Seriously lawyers are trained to deal with this stuff. STANFORD did not require assistance to feed himself, dress himself, bathe himself, or to use the toilet as claimed.
