Wisconsin Veteran Waiting for Justice, and Claim from Veterans Appellate Board

U.S. Navy Airman Keith Roberts (1968-71)

Keith A. Roberts is a former U.S. Navy airman who served honorably from 1968-1971 during the Vietnam War era.

Roberts of Gillett, Wisconsin worked on line duty on February 4, 1969 at a Navy airbase in Naples, Italy and—as did all men on duty—tried to save the life of Airman Gary Holland who was being crushed to a death by a C-54 aircraft in a tragic, life-altering accident for both men.

Adding gross insult to injury, Roberts was pursued by top VA and DoJ officials in 2004-05 and indicted and convicted of wire fraud on the basis that he and Airman Holland were not friends, a bizarre indictment.

Roberts and Holland had parallel military careers as young airmen, training and serving together at several military facilities from 1968-1969. Both men served as engine mechanics.

At the deadly accident scene in 1969 Holland lay pinned by the nose wheel while Roberts tried frantically to move the wheel of this transport craft off of Holland, issuing orders to military superiors who Roberts felt were more concerned about the aircraft than his friend.

In May 1998, this Vietnam-era veteran was awarded benefits for Post Traumatic Stress Disorder (PTSD), though Roberts had to navigate the Veterans Benefits Administration (VBA) bureaucracy that made 'proving' the circumstances associated with filing a PTSD disability claim difficult at best.

Keith A. Roberts later prevailed in the U.S. Court of Appeals for Veterans Claims (CAVC) (which has exclusive jurisdiction over VA claims) on April 23, 2010 [Roberts v. Shinseki, 23 Vet. App. 416, (2010)]. That case started in 2003. As of July 28, 2015, his benefits have not been restored as ordered by the CAVC.

What happened to this veteran?

Roberts was "prosecuted [by US Attorney Steven M. Biskupic (later attorney for Scott Walker's political campaign)] for tenaciously pursuing a claim for benefits, which VA resisted and which is still in the benefits review process" (Horton, Harper's Magazine), after Roberts followed the advice of his local Shawno County (Wisconsin) Veterans Service Officer and asked the VA for an earlier retroactive date for his claim.

Roberts was targeted by top U.S. Dept of Veterans Affairs (DVA) officials who conspired with the U.S. Dept of Justice under the Bush-Cheney administration in 2004-05 in an effort to discourage Vietnam War-era veterans from filing for disability benefits (Mal Contends) (Mal Contends).

The US Attorney for the Eastern District of Wisconsin said that Holland and Roberts were not friends, and Roberts who was on line duty at the base at the time of Holland's death exaggerated his efforts to save Holland. That's the basis for the 2004-05 indictment (four counts of wire fraud) that Biskupic said is an elaborate scheme by Roberts.

Roberts spent four years in a federal prison for a crime CAVC conceded he did not commit (one cannot commit benefits fraud if one were then and is now entitled to a 100 percent veterans disability benefits rating).

A new hope

Roberts is still awaiting ultimate disposition of his disability claim, amid new developments: An increased appreciation for PTSD after President Obama's administration changed the PTSD disability claim regulations (White House), and the acceptance among medical professionals that Vietnam-era veterans still are symptomatic decades later. (CBS News and Journal of the American Medical Association).

In a related development, a Board of Veterans' Appeals (BVA) whistle-blower revealed an anti-veterans' animus last year in claims records manipulation (Stars and Stripes), a complaint similar to an objection Roberts made when he accused the VA of falsifying a transcript at a hearing in Milwaukee. Stay tuned.

Obama Picks Corporate Chief over Veterans' Advocate for VA Sec

One can access Robert A. McDonald, President Obama's nominee for secretary of Veterans Affairs (DVA) (VA), by understanding whom Mr. McDonald is not.

McDonald is not Jim Nicholson, secretary (2005-2007), active in Republican Party politics since the mid-1980s, Republican National Party chair from 1997-2000, and dedicated to the Republican mission to privatize the VA and discourage disability benefits being delivered to military veterans.

Nor is McDonald a career veterans' advocate, somebody like Paul Sullivan or Anthony Hardie, who know where the neocon bodies are buried in the bureaucracies and have the inclination to clean house.

MacDonald is a successful "global corporate officer (whom Obama bets) can turn around a government health system that has been rocked by allegations of mismanagement and cover-ups of long patient waiting times." (Shear, Oppel Jr., New York Times)

In so many words, better than the guy the Republicans put in charge and not up to the job that is needed—a perfect metaphor for the Obama administration.

VA Execs Will Leave if Congress Bans Their Bonuses

Keith Roberts - Jailed and convicted
thorough prosecution by
Wisconsin U.S. Atty, Steven Biskupic
(2001-2008) for tenaciously pursuing
his disability benefits claims

President Obama's Department of Veterans Affairs (DVA, VA) has been a sea change from the Bush-Cheney years.

This is due in part because radical changes in VA disability benefit policies the last three years on Agent Orange et al, and PTSD, to the shrieks of neocons.

And in no small part because the DVA (VA) national Director of Compensation and Pension Services no longer colludes with corrupt US Attys and prosecutes and imprisons Vietnam-era veterans for filing for PTSD disability claims.

But I ran across this story this morning VA Execs Will Leave if Congress Bans Bonuses, Group Says.

You see VA employees are actually pocketing hefty bonuses from the clerks to the executives.

No VA employee should be getting any bonuses.

I say to the VA execs: Leave now.

Before 2003 Iraq Invasion, veterans' advocate Steve Robinson warned the Bush-Cheney administration about the coming toll on veterans and what a moron could guess would be a huge caseload of disability claims.

The Bush administration blew Robinson off:

"[We understood the Iraq War] was going to be different, and that it was going to be house-to-house and urban combat. And that type of warfare requires a surge, if you will, and the ability to have mental- health-care treatment available, closer to the front, and also available when they come back home. The harder and uglier the war is, the more the psychological toll is on the human mind. In that meeting [in the spring of 2002], they [DoD staff and Dr. William Winkenwerder, then-Assistant Secretary of Defense for Health Affairs] looked at us as if we were people from outer space, wondering why we were there. They patted us on the back and told us they had everything under control, and they would be able to take care of any contingencies that might pop up. And that turned out not to be true."

You want to solve the veterans' claims backlog problem, you hire a bunch of young techies and let them work; and you appoint as VA executives veterans' advocates like Steve Robinson, Paul Sullivan and Robert Walsh.

Wisconsin Veteran Awaits Word from U.S. Supreme Court

C-54 Aircraft killed veteran's friend, began the VA vendetta
against Keith Roberts

Update: Court shoots down veteran; won't hear case.

Innocent man wrongfully convicted, stripped of PTSD benefits for tenaciously pursuing his disability claim. The U.S. government has $1,000,000s at its disposal to pursue a vendetta; a veteran’s family in northern Wisconsin has his service to our country.

The U.S. Supreme Court is expected to soon announce a decision on whether Navy veteran Keith Roberts's case will be granted cert.

Roberts was targeted by top officials of the U.S. Dept of Veterans Affairs for in the words of the human rights attorney, Scott Horton, "tenaciously pursuing a claim for VA disability benefits," an alleged crime that led to an indictment on wire fraud.

In a bizarre prosecution, Roberts was specifically accused of not knowing his fellow airman, Gary Holland, and exaggerating his efforts to save his fellow airman who was crushed to death by a C-54 aircraft in a Navy air base in Naples, Italy in 1969.

Weak grounds for a federal prosecution? These are the grounds on which the government successfully pursued a prosecution against this honorably discharged Navy veteran who served during a combat era.

Roberts and Holland

Roberts and Holland were both on line duty when Holland was killed, and served together during their time in the Navy:

• Took two weeks-long classes together while stationed together in Memphis, Tennessee in 1968
• Were quartered in the same barracks at Lakehurst, NJ where they also trained together for weeks
• Went into the Naval Air Force base in Naples, Italy together as two young airman
• Slept in close quarters (feet away from each other) while at the base in Naples, Italy
• Worked in the same and only base air hangar together
• Took an advancement test together on the morning of the day Holland was killed on Feb. 4, 1969

Roberts, like everyone else on duty, rushed to save Holland who slowly was being crushed to death by the aircraft in a gruesome scene.

Navy Airman Keith Roberts

Subsequently, Roberts followed the advice of his Veteran’s Service Officer (Shawano County (Wisconsin)) who had determined that Keith Roberts was entitled to an earlier effective date for his diagnosed PTSD.

Roberts is basing his appeal to the Supreme Court on the denial of due process, a long list of administrative law regulations thrown out the window, and an array of misrepresentations made at his trial.

The VA bureaucracy, a hell for many veterans, was the source of outrage for Roberts who reportedly treated the VA like dogs in phone conversations. The VA returned the treatment.

The August 2005 Board of Veterans' Appeals (BVA) decision [page A928] the BVA determined:

Keith Roberts Petition to U.S. Supreme Court

"The evidence cited by the RO (VA Regional Office) (the death certificate) does not refer to the veteran's participation or presence at the time of Gary (Holland's) death. The death certificate, alon, in no way supported the claimed stressor event and was patently inadequate to meet the requirements of Sec. 3.304(f). THE ONLY OTHER EVIDENCE IN SUPPORT OF THE CLAIM WAS THE VETERAN'S OWN UNVERIFIED STATEMENTS WHICH ARE INADEQUATE TO ESTABLISH SERVICE CONNECTION AS A MATTER OF LAW (emphasis and capitalization added)."

Of course. The whole base was on the equivalent of a general quarters alarm, and frantic efforts to save Holland went unnoticed. But a lot of officers were at pains to save their careers.

The BVA's decision raises the question since when is a veteran's unverified statement sufficient to form the basis for a bizarre fraud prosecution, but not sufficient to establish service connection for a claim.

Doesn't this bureaucratic admission constitute a formal waiver of proof that relieves the VA from having to prove the admitted fact and bars the VA from disputing it.

A decision by the Court of Appeals for the Seventh Circuit recognizes the weakness of the government argument of the intent of Roberts to allegedly devise a scheme and defraud the VA.

"The record might also have supported a jury determination that Mr. Roberts sincerely believed that his statements were true and that he had no intention to defraud the Government," reads the opinion by Justice Kenneth Ripple. But Ripple notes of the guilty verdict, that, "It is beyond our authority to disturb such a finding on appeal."

The hurdle for an appellate court to overturn the judgement of a jury is high.

At the jury trial, Roberts was faced with knocking down the arguments and investigations of the United States Attorney's office and top VA officials who were determined to get Roberts, as veterans' advocates have said since the inception of the Roberts criminal proceedings.

"[T]he only reason Airman Roberts was ever prosecuted was because he was a ‘belligerent ass’ who kept insisting that he get paid back to discharge. He was demanding an appeal in Washington," said a background source at the Clement J. Zablocki VA Medical Center in Milwaukee who e-mailed the Lee Rayburn radio show in Madison in early June 2007 about the Roberts affair, 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 ... ."

Up to now, the Roberts affair reflects that a veteran can win on the merits (alleged criminal intent for pursuing a disability claim) but still lose on procedure. The U.S. government has two federal agencies and $1,000,000s at its disposal; a veteran's family in northern Wisconsin not so much, except his service to the country.

Vets to Congress: Hands off Our Healthcare and Benefits

Two national veterans' organizations are warning the Congressional Debt Supercommittee to leave veterans' programs alone, in light of a letter to the committee from the Chairs and Ranking Members of the Veterans Affairs (VA) Committees in the House and Senate which details past proposed cuts to veterans, and how much they would save the government.

By VoteVets.org and Veterans for Common Sense

That letter has stoked a round of news stories regarding potential cuts to the GI Bill and other programs. While the letter from the VA Committees didn't actually recommend the cuts, and the letter was mandated to be submitted to the Supercommittee along with letters from every other committee Chair and Ranking Member, veterans still feel the need to make their voices clear.

In a statement, Ashwin Madia, Iraq War Veteran and Interim Chair of VoteVets.org, and Patrick Bellon, Iraq War Veteran and Executive Director of Veterans for Common Sense said:

While we understand that the letter sent by the Chairs of the VA Committees to the Supercomittee doesn't constitute an actual list of endorsed cuts to veterans' programs, we nonetheless feel the need to reiterate that cutting the debt on the backs of veterans will not be tolerated. The list of past proposed cuts in the letter is offensive to veterans, and goes back on the commitment to them made by America. We call on the Supercommittee to keep its word, and the word of President Obama, to protect veterans from this budget slashing process, and reject any cuts to veterans, outright. America's veterans have sacrificed enough for America. When it comes to cutting back programs and increasing revenue streams, it's time to ask those who can most afford it to share in the sacrifice that veterans have already made. We are ready to take action if the Supercommittee begins to debate any cuts to veterans. We'll be watching.

The letter from the VA Committees to the Supercommittee can be found here.

Founded in 2006, and backed by over 100,000 members, the mission of VoteVets.org is to use public issue campaigns and direct outreach to lawmakers to ensure that troops abroad have what they need to complete their missions, and receive the care they deserve when they get home. VoteVets.org also recognizes veterans as a vital part of the fabric of our country and will work to protect veterans' interests in their day-to-day lives. VoteVets.org is committed to the destruction of terror networks around the world - with force when necessary - to protect America. While non-partisan, the group is the largest progressive organization of veterans in America.

Veterans for Common Sense (VCS) was formed in August 2002 as a nonprofit 501(c)3 organization by war veterans who believe that we, the people of the United States of America, are most secure when our country is free, strong, and responsibly engaged with the world. Our mission, based on the pragmatic ideals of the American patriot Thomas Paine, is to raise the unique and powerful voices of veterans so that our military, veterans, freedom, and national security are protected and enhanced, for ourselves and for future generations.

VA Foul-up: No New Supp Life Ins for Totally Disabled Vets

President Obama - A dissapointment in fixing
necon-infested DVA

By Nam Tanker

With the passage of HR 3219 (Veterans' Benefits Act of 2010) that became Public Law 111-275 on 10/13/2010, Totally Disabled Veterans (with a disability waiver) were supposed to be permitted to purchase an additional $10,000 of Supplemental Life Insurance from the VA.

This law increased the amount of Supplemental Life Insurance available for purchase by Totally Disabled Veterans from $20,000 to $30,000 effective 10/01/2011.

However the Veterans Administration in applying the law, is refusing to permit Totally Disabled Veterans who have a disability waiver granted before 10/01/2010 to even receive an application for the 'New' additional supplemental life insurance. They say that the Totally Disabled Veterans that received their disability waivers prior to 10/01/2010 (even though they may have purchased the $20,000 supplemental life) were not eligible to purchase the additional $10,000 as provided for in this law.

Here is some background on this issue:

When a veteran is awarded a SC disability by the VA he or she becomes eligible to purchase Service-Disabled Veterans Life Insurance (“SDVI“)through the VA (face value amount of $10,000). This program was established in 1951 and still exists currently. Eligible Disabled Veterans have up to two (2) years from the date that the SC Disability was established to apply for this insurance.

If the veteran with this insurance becomes “Totally Disabled” then they may apply for a waiver of premiums for this $10,000 of “SDVI”.

Now comes the “SDVI” Supplemental Life Insurance. This program came into existence as a result of the Veterans Benefits Act of 1992 or Public Law 102-568. This permitted Veterans with “SDVI” in which the premiums had been waived to purchase up to $20,000 of Supplemental Life Insurance.[ a problem was later discovered that didn’t permit all eligible Totally Disabled Veteran with an existing premium waiver in place to be able to purchase this Supplemental Insurance]. The Statute reads:

[(b) "to qualify for the supplemental insurance under this section a person must file with the secretary an application for such insurance. Such application must be filed not later than (1) October 31, 1993, or (2) the end of the one year period beginning on the date on which the Secretary notifies the person that the person is entitled to a waiver of premiums under section 1912 of the title, whichever is later.]

This resulted in the 1994 Amendment or Public Law 103-446 reading:

[ Subsection (b) substituted "insurance. Such application must be filed not later than (1) October 31, 1993, or (2) the end of the one year period beginning on the date on which the Secretary" for "insurance not later than the end of (1) the one-year period beginning on the first day of the first month following the month in which this section is enacted, or (2) the one-year period beginning on the date that the Department".]

This provided a window for all Totally Disabled Veterans to be able to purchase this Supplemental Life Insurance.

Now, With the passage of HR 3219 that became Public Law 111-275 on 10/13/2010, history is repeating itself and the VA is refusing to allow all Veterans with a Total Disability, who have purchased the $20,000 Supplemental Insurance and that have a premium waiver that existed before 10/01/2010 to purchase this Supplement Increase effective 10/01/2011.

To Correct this:
(1) will the VA need it explained to them what is the intent of this legislation or
(2) will it take another Amendment like what happened in 1994

Please contact your member of Congress.