BVA Case 11-3334: Back

Moscoso , appeals pro se a May 23,2011,Board of Veterans'Appeals (Board)decision that (1)determined that new and material evidence had not been received to reopen a claim of entitlement to revocation of forfeiture of the veteran's right to VA benefits and (2) denied entitlement to a one-time payment from the Filipino Veterans Equity Compensation (FVEC)Fund.

BACKGROUND In December 1985,the Board found that,although the veteran had served on active duty during World War II and for some years thereafter,he had forfeited his right to VA benefits due to fraud.

3 The Board found that the veteran had been receiving VA pension benefits for many years,primarily because of a severe mental disorder;that he exaggerated his symptoms of mental illness when being evaluated;and that such conduct was,beyond a reasonable doubt,fraudulent and designed to subvert the VA claims process.

In April 2009, VA notified the veteran that he had been previously found to have forfeited his right to receive VA benefits and that he would need to provide new and material evidence for VA to reopen his claim.

In August 2009,the veteran was informed that he had not provided new and material evidence sufficient to reopen his claim for revocation of forfeiture of his right to receive VA benefits (R.

In the May 2011 decision currently on appeal,the Board found that the appellant had not submitted new and material evidence sufficient to reopen the final December 1985 Board forfeiture decision.

ANALYSIS If new and material evidence is presented or secured with respect to a claim which has been disallowed,the Secretary shall reopen the claim and review the former disposition of the claim.

VA regulation defines new and material evidence as follows: New evidence means existing evidence not previously submitted to agency decisionmakers.