Fraud, Forfeiture, and Penalties in VA Claims

VA takes fraud in the disability claims process seriously. Deliberately making false statements or submitting falsified evidence to obtain benefits can result in forfeiture of all VA benefits, criminal prosecution, and requirement to repay benefits already received. Fraud includes intentionally exaggerating or fabricating symptoms during C&P exams, submitting fake medical records or buddy statements, concealing information that would affect your eligibility, and failing to report changes in status that you know would reduce your benefits. VA has an Office of Inspector General that investigates suspected fraud. Investigations can be triggered by anonymous tips, inconsistencies in your claims file, surveillance, or information from other government agencies. It is important to distinguish fraud from honest mistakes or disagreements about the severity of your condition. Reporting your symptoms accurately, even if they are severe, is not fraud. Disagreeing with VA about your rating is not fraud. Filing multiple claims for benefits you believe you're entitled to is not fraud. Fraud requires intentional deception for the purpose of obtaining benefits you know you are not entitled to. If you are accused of fraud, take it seriously and seek legal representation. Do not make any statements to investigators without understanding your rights. The consequences of a fraud finding are severe and include permanent forfeiture of all VA benefits.

Note: This article references sections of the VA's M21-1 Adjudication Procedures Manual. The VA periodically reorganizes the M21-1 and section numbers may have changed since this article was written. For the most current section references, visit the VA's public M21-1 Web Automated Reference Material System (WARMS).