Just because someone does not appear to have a disability does it mean their claim is fraudulent. Before acting on your instincts to report fraud it is best to find out why they are receiving those benefits. If you have ever thought that someone in a handicap parking space looks healthy, but later come to learn that they are waiting for a kidney transplant, you learn not to judge by appearances. Another example is someone who often experiences seizures like Retired United States Marine Louis Gibson (www.LouisGibson.us)
Because Louis Gibson is not coughing up blood or still confined to a wheelchair everyday the affliction that can be measured it is difficult to determine by sight. Who is a malingerer and who legitimately suffers from the disabilities are determined by VA Doctors with credentials and years of experience. There are legitimate psychological and mental impairments for collecting disability.
Before reporting a fraudulent claimant you need to understand more about their exact disability and to become familiar with the conditions/symptoms of their disability. Once you are familiar with their diagnosis and the symptoms of their disorder, then you need to consider things that are incongruent between their behavior and their diagnosis. That in-congruency is something the VA wants to know about.
In Louis Gibson situation the VA is attempting to not pay Louis Gibson for a (TBI) claim dating back to May 2006.
In 2007, VA began requiring that initial TBI exams be performed by specialists familiar with the often complicated diagnosis of TBI. Specifically, the exams had to be performed by a psychiatrist, physiatrist, neurosurgeon or neurologist.
As early as late 2007, media reports emerged that claimed that unqualified doctors were conducting C&P Exams for veterans’ TBI claims. Veterans were being misdiagnosed and their TBI claims were being denied.
After initially trying to cover up the scandal, VA ordered an internal review of TBI examinations. Investigators found that the 2007 regulations were not being followed at hundreds of VA Medical Centers. As a result, nearly 25,000 veterans were examined for TBI by unqualified medical professionals between 2007 and 2015.
These findings prompted former Secretary of Veterans Affairs Bob McDonald to grant “equitable relief” to the veterans who had not been examined by qualified specialists. That is, the Secretary made a special exception that allowed these veterans to be re-examined for TBI and have their TBI disability claims reprocessed by their VA Regional Office.
This was done but Louis Gibson TBI diagnosis was ignored but secondary condition where service connected. Now on 2018 the VA is attempting to avoid responsibility by sparking an investigation into Fraud.
Louis Gibson has been to a re-exam after an illegal reduction in his 100% Service Connected/Total and Permanent VA Benefits over 10 years. Pending Mr.Gibson Exam his attorneys and political support are on standby.
If, after your re-examination, you are granted service connection or an increased rating, you may be entitled to retroactive compensation for your TBI disability. VA is allowed to award an effective date as far back as the date of the original TBI claim. You are entitled to any compensation you would have received starting at the effective date and therefore may be provided retroactive benefits if and when your claim is granted.
If you’re not sure whether your VA examiner was a designated specialist or not, check out our post on C&P Exams to learn how to request a copy of your exam and get your examiner’s name.
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