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Jailed Wisc Vet Knocked Down by High Vets’ Court
Keith Roberts - Innocent Navy Veteran Jailed by the Federal Government
Update: Text of CAVC opinion in KEITH A. ROBERTS, APPELLANT, V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, APPELLEE, on Appeal from the Board of Veterans’ Appeals (05-2425)
Keith Roberts, wrongly imprisoned Vietnam-era veteran now living in a half-way house in Northern Wisconsin received an adverse ruling Friday from an en banc (full) panel of the UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS (CAVC) in his benefits case (05-2425).
The 45-page opinion is complex. Some of the elements of the opinion remand parts of Roberts claim, but in sum, Roberts has been hung out to try.
Roberts had followed the advice of his veterans service officer and sought retroactive benefits dating to the time of discharge, bad-mouthed the DVA repeatedly, and was rewarded for his trouble with a federal prosecution during the Bush-Cheney years.
Roberts is considering appealing to the United States Court of Appeals for the Federal Circuit.
Sound incredible?
For background, see Jailed Wisconsin Veteran Case Gets More Bizarre. From an earlier post:
What does the U.S. government do with a veteran who blows the whistle on the U.S. Dept. of Veterans Affairs (DVA) shreddergate scandal and who badgers the DVA as he “tenaciously pursues his claim for disability benefits,” telling DVA staff that they are a bunch of “bureaucratic assholes?” The Bush-Cheney DVA and the U.S. Dept. of Justice targeted, convicted, and impoverished this Wisconsin Navy veteran on trumped-up charges of wire fraud.
Specifics, say the U.S. government, are that Navy Airman Keith Roberts and Gary Holland (who was crushed to death by a C-54 aircraft at an airbase in Naples, Italy, back in 1969) were not friends [despite their parallel service histories] and Roberts exaggerated his efforts to rescue his fellow airman, [despite the fact that he was on line duty, and subsequently at least one veteran present has corroborated Roberts' actions]. Yeah, that’s right, those are the specifics of the prosecution’s criminal case hatched back in 2005-2006 to shut up and retaliate against a veteran who had become, according to a Milwaukee DVA regional hospital source, a “belligerent ass.” [A background source at the Clement J. Zablocki VA Medical Center in Milwaukee e-mailed the Lee Rayburn radio show in Madison in early June 2007 after a program about the Roberts case and asked to remain anonymous out of fear of losing his job. "I'd have to say that you guys are TOTALLY (uppercase in the original) right about Roberts' conviction being bullshit. ..." Disability claim denied and off to jail.
In the latest developments, Roberts, a political prisoner of the Republican Party, now reportedly embittered and feeling hopeless, is expected to be released from federal prison in March after serving almost four years behind bars.
He still has a rare case [Keith A. Roberts v. Eric K. Shinseki (05-2425)] pending before an en banc panel of the U.S. Court of Appeals for Veterans Claims (CAVC) that issued what appears to be a bizarre order on December 29, 2009.
Roberts and the DVA
Roberts was advised in 2002 by the late Jim Henning, a Shawano County (Wisconsin) Veteran’s Service Officer, to apply for an earlier retroactive date for his PTSD disability benefits predicated in part by his witnessing Holland being crushed to death and related trauma.
Bad move.
Critics and veteran groups rightly accused the Bush administration of the unprecedented politicalization of the Department of Justice and the DVA, and see the indictment and conviction of Roberts (and other veterans) on charges of wire fraud as a consequence of this politicalization that discourages Vietnam-era veterans from seeking PTSD benefits, per the views of the American Enterprise Institute‘s Dr. Sally Satel.
Roberts was diagnosed with PTSD and granted disability benefits in 1999, but became suspicious that the DVA was altering his Claim file (C-file), and he loudly accused the VA of engaging in fraud in phone conversations. Ultimately, the VA and then US Attorney Stephen Biskupic turned Roberts’ charge around, and charged and convicted Roberts with fraud, an injustice that still has veterans all over the country shaking their heads in disbelief.
Short URL: http://www.veteranstoday.com/?p=28619
Posted by Yanira Farray on Apr 26 2010, With 0 Reads, Filed under Benefits, Vet News, Veterans Affairs. You can follow any responses to this entry through the RSS 2.0. Both comments and pings are currently closed.
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To many veterans have taken bad advice from “service officers” that might mean well but are not aware of the law applicable to dates that affect what actually consitutues the “effective date of the claim” unless a veteran files within 12 months of discharge then they can not file a claim in 1999 asking for back pay to 1969 or any other date close to when the stressor took place, we all know many Vietnam veterans that are filing PTSD claims even today, the compensation claims becomes effective the date the veteran files the claim they can not expect to be paid back pay to when they served in Vietnam.
Keith Roberts took some bad advice and ran with it, on the other hand the VA over reacted in their handling of his case and in my opinion prosecuted him when they shoudn’t have. I do not know how far he went in pushing thier buttons, but accusing them of cheating him does not seem to be that far out of line, I am sure they have heard that before from many veterans. They have made a criminal out of him because he overly exerted his “free speech” rights which were caused by the “bad advice” of the now deceased veteran service officer.
The fact that Roberts was present and saw a man he knew crushed to death, and he attempted to help free him, should be ample enough example to approve his PTSD claim, I didn’t perrsonally know the 7 men who attacked me and left me for dead after beating me unconcious and robbing me and leaving me in a snowbank at 20 below zero in Fort Wainwright Alaska on Feb 5, 1975, 4 of whom went to Leavenworth for attempted murder and robbery and the other 3 who turned govt witness and testified against the other 4 were given Field Grade Article 15s and reduced to E1 and then processed out of the Army on Bad Conduct Discharges. I don’t think personally knowing people involved in the stressors is a requirement for a PTSD claim to be approved, watching the death and being helpess to save the persons life, should be enough to establish a stressor.
I feel for Keith Roberts and his family, I had hoped the CAVC would have remanded the entire case back to the BVA for readjudication, and the reinstatement of his benefits, what liability that would have created for the US Attorney’s office, I have no idea, but until a veterans has exhausted all of his appeal rights for benefits or on benefits reductions or revocations, I do not believe that they should be prosecuted by the authorities, just in case they are found to be benefits that are justified, because then you get into how do you give the veteran back the 4 years of his life that they spent in prison? How do you compensate the family for the seperation and the harassment from the government for recoupment of Chapter 35 benefits for the children.
This entire episode would and should have been avoided if Keith Roberts had been given correct advice from the service officer. It is a moot point that the advice was bad, it is the veterans responsibility to make sure what they are doing is the right thing, it is “THEIR CLAIM” and it will affect them and their family not the service officers. The veteran is their own best advocate and they need to be fully informed before jumping into the fire. Learn to read the regulations.
Well stated.
Yeah, Roberts was one of the original whistle-blowers on the DVA messing with his C-file.
As to how far he went in pushing the DVA’s buttons, honestly he was likely pretty explicit in comparing the DVA to various parts of the human anatomy and suggesting anatomical impossibilities, a sentiment shared by many veterans as you know and certainly no federal crime.
Thanks for you work as always, Mike.
ROBERTS raises other flags. Example: how do you receive VA compensation, DoD retired/retainer pay, Social Security benefits? Electronic Funds Transfer. My recollection is that Keith Roberts’ case is one of first impression where a vet has been tried and found guilty of wire fraud (18 USC should be a hint). I’ll be reading the CAVC opinion! Thanks, Mike.
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There are many issues that I am in support of with the Navy vet, but bad mouthing the DVA is the absolute thing a veteran cannot do. As Jim from VA watchdog.org has stated over and over,…..one must play their game (VA) and follow their rules whether you agree or dis agree. As a former dir of a county veterans office, there were times when I would have like to pull the VA person through the phone and kicked his A%$. I hear what all of you are saying and yes, there are some service officers who aren’t worth a damn but one must play by the rules, support everything with evidence and most of all have patience.
It’s to bad for the DVA, that threi feelings get hurt so easily… There is a time when a person can only take so much crap from theses BONE HEADS…. Yes there is a proper way to go about things, but at the same time, after going through years of playing their games a person might loose their cool and call the DVA a few names…
If the DVA was doing their jobs for what they get paid to do, there wouldn’t be such a back log fo cases, and appeals… They want to play GOD but they arn’t qualified to do so.. Who are these BONE HEADS and how do they get into the positions that they are in????
I feel for Mr. Roberts, I to have had my problems with service officers not doing their jobs, and all it does is set back the process… For being a Government organization they sure do a p#$% poor job…..
They should give Mr.Roberts all back benifits and 100% comp, for what he and his family has gone through, and put the BONE HEADS in prison that put him there in the first place.. Just maybe that will get the attention of the rest of the BONE HEADS…
All this DVA crap is sickning, I hope there are all proud of themselves, Hell give them all big bonsus, for doing such an outstand job….