ptsd Keith Roberts

[Berta]

For those who followed this case-

Mr. Roberts claimed stressors for PTSD that were checked into years later - due to many reasons-by the VA.

His appeal was lost and the prior decision affirmed by the US Court of Appeals 7th District.

48 months imprisonment for wire fraud-

$262,843.52 in benefits that was obtained fraudulently from the VA.

[jbasser]

Berta, do you have a link to this story?

J

[jbasser]

Never mind Berta, I read the story.

http://www.uppitywis.org/tags/keith-roberts

The court cited the evidence of AIrman Roberts being on Line Duty at the time the other Airman was crushed by a C130 and ROberts claims of attending to the stricken man a Hoax.

This goes to show that if you present a stressor for a PTSD claim, you had better be able to substantiate every event.

J

Edited July 13, 2008 by jbasser (see edit history)

[Berta]

Roberts CAVC lawyer just sent me the entire case-

I didnt have his permission to add it as attachment here yet-but I see it is public knowledge already-

I know his lawyer and wanted to be supportive of this vet-but felt that Roberts was going to have major problems in all this-

You are right jbasser-

it was unusual for the stressors to even be questioned-years after he got PTSD comp- but the case tells why they were-

and the Government had eye witnesses to the stressor involving the other airman's death-none of them could put Roberts at the scene at all.

[halos2]

Something does not appear to be kosher here.

Roberts CAVC lawyer just sent me the entire case-

I didnt have his permission to add it as attachment here yet-but I see it is public knowledge already-

I know his lawyer and wanted to be supportive of this vet-but felt that Roberts was going to have major problems in all this-

You are right jbasser-

it was unusual for the stressors to even be questioned-years after he got PTSD comp- but the case tells why they were-

and the Government had eye witnesses to the stressor involving the other airman's death-none of them could put Roberts at the scene at all.

[Pete53]

Most people who have PTSD repress memories of the events. I prefer to give Roberts the benefit of the doubt. What I think this case points out is that for many without solid proof of PTSD are much better off proving up the secondary and just as service connectable side effects including Depression, Panic Disorder and many other Mood Disorders.

[john999]

I know there is a bill in congress that will make "combat with the enemy " presumptive for any military person who serves in a combat zone. I don't know if the bill will pass, but that would make PTSD a given for 2.5 million Vietnam vets if they claim it. Also it would do the same for all OIF/OEF vets. Somehow I don't think that bill will pass because there are enough Iraq vets claiming PTSD as it is and many more in the future as we shift forces into Afghanistan. If this bill is retroactive then even some WWII vets and Korean War vets could claim it. It they make it only for OIF/OEF vets it is a insult to other vets.

[carlie]

They have even posted on line an actual copy of this veteran's Statement In Support of Claim,

Form 21-4138, from 2002 in it's entirety with his name, address and Social Security Number.

http://www.uppitywis.org/statement

The reason I don't agree with filing a copy of your DD214 at the Courthouse is just

like this -- it all becomes Public Record.

What a shame this is.

jmho,

carlie

[halos2]

This is wrong to do this, legal or not to post sensitive information. There should be some methods of confidentiality. VA # should be blacked out as well as SS#.

I read a little on this case but not enough to comment however innocent till proven guilty where is the complete justice...can those who told of event and who was involved tell what they ate that day too? Is their recall that clear? Sometimes memories maybe suppressed and total recall might be a little didffcult, also have those who testified applied for and been granted va benefits?

Sounds like it needs through investigation before jumping the gun.

Hope outcome in the end will be justified wherever the truth shall lead.

They have even posted on line an actual copy of this veteran's Statement In Support of Claim,

Form 21-4138, from 2002 in it's entirety with his name, address and Social Security Number.

http://www.uppitywis.org/statement

The reason I don't agree with filing a copy of your DD214 at the Courthouse is just

like this -- it all becomes Public Record.

What a shame this is.

jmho,

carlie

[Stretch]

This is not a 4 year sentence it is a life sentence.

[Stretch]

The government writes the story in a fashion to exclude benefits to Veterans Surviving Families. Then latter use their own BS as a certified gospel account of events.

An excerpt from the story:

This new evidence comes from a veteran, and a distant relative of Roberts' in an e-mail, reading:

By the way, Keith had talked to me about the death of (Airman) Gary (Holland) a number of times in 1970 and 1971 when are Navy careers caused us to cross paths in Naples, Italy and in Norfolk, VA. Keith is my brother-in-law's nephew. I never thought this BS from the VA and the US attorney could have every actually led to a conviction and prison time.

Roberts has never varied from his account from 1969 of his actions during which a friend was killed (not even the Navy, VA and DoJ can deny the existence of a corpse), according to numerous intimates and relatives; though their testimony was never introduced at Roberts' 2006 trial.

Other veterans at the Italy airbase corroborate Roberts' account, but their accounts conflict with the government's, and therefore are narratives in which the VA and DoJ maintain an abiding disinterest.

[71M10]

I am saddened to hear that Mr. Roberts appeal was denied.

I guess the fine line the law and the Federal government is drawing is that he lied about his role in the event (embellished). As for a verified stressor, If the man was on Line Duty at this airfield and this incident occured I don't understand how they can say it wasn't a stressor. I have never worked on an airfield but my understanding of Line Duty or working the flight line is you need to be aware of and participating in everything that is going on.

Been wrong before and im sure I will be again.

Best regards,

Tyler

[Done wit this]

For those who followed this case-

Mr. Roberts claimed stressors for PTSD that were checked into years later - due to many reasons-by the VA.

His appeal was lost and the prior decision affirmed by the US Court of Appeals 7th District.

48 months imprisonment for wire fraud-

$262,843.52 in benefits that was obtained fraudulently from the VA.

Berta,

I just wanted to let you know I turned in my IMO's at Bath today and I gave L.C. The Info you gave me.We had our normal talk about things around that Office and he also said He was looking forward to Talking with you.He knows you mean well for the Veterans. So I guess you should be hearing from him when he is on his personal time. He really wants to good by all vets.-- what a concept!

Macool

[Testvet]

from my understanding of the Roberts case is the government claimed that he and the deadman were not friends as Roberts claimed where the VA got mad and prosecuted him was like many veterans after he was awarded 100% for PTSD he tried to claim the VA was defrauding him back pay to 1971 when he left the Air Force and for the 30 years in between his ETS and the time he filed and won his PTSD claim.

The VA got tited of playing with him, revoked his PTSD award and then the US Attorney prosecuted him for false statements to obtain the compensation award to start with.

However his case is on appeal to BVA on his PTSD or maybe it is now at CAVC either way the VA had not finished the appeals before the US Attorney prosecuted him for fraud, what happens if the appeals baord/court determines he is entiteld to PTSD back to the date he filed not back to 1970 but 2000 or 2001 if they decide he is entitled to it then is he still guilty of fraud

The US Attorney should have waited for the VA to finish the appeals process before prosecuting Mr Roberts is my opinion, but these vets that feel they are owed back to the date of the stressor incident are opening doors to major problems.

[evandc]

Roberts has pissed off the wrong person. Who, I don't have a clue. If you get 100%, leave VA along & don't go around acting like some kind of hero, I doubt that VA would reconsider your claim. I saw it happen one time over the vet getting tags that he was not entitled to have. He was reduced to lower % & I was told that VSO had something to do with his reduction. He later got his 100% back. It would be simple to make stressor larger than it really was in the first place. My stressor was a car bombing. At an C & P the shrink starts talking about me being in the middle of the explosion & I stopped her. I told her I was not inside the building I saw the bombing, but if I wanted to lie I could tell her I was inside & give some details that I had heard from others over the years & she wouldn't know the difference. Oddly enough, I got my increase to 70%

Don

[Testvet]

I believe it was renee Szybala sh was then the Director of Compensation and Pension and a VA IG official is the people I heard he made mad. Charging vets with fraud is not usually doen until after all the administrative appeals are denied, not in the beginning of them.

[john999]

Me and my lawyer believe the VA owes me 25-30 years of increased compensation. Maybe they will fling me in jail to get out of paying it. The psychologist who wrote in 1972 that I was unable to work because of mental condition has treated me for over 35 years. He would be a hell of a witness.

[Berta]

Rick- thanks for passing on that info to LC-

He is exactly why I won't revoke my POA with them- they have some GREAT reps-

it is the lousy ones however that make the jobs of their good ones so difficult.

Roberts Case- there is plenty of info on this case on the net-

what I don't understand is why Roberts never got buddy statements from the guards who tried to retain him at the scene.And why he waited so long to file his PTSD claim.

He was convicted for mail fraud-one of his lawyers has stressed that point to me-

and technically not for defrauding the VA.

If I can get his lawyer as a guest at SVR on this case I will let you all know.

[danang_1969]

Me and my lawyer believe the VA owes me 25-30 years of increased compensation. Maybe they will fling me in jail to get out of paying it. The psychologist who wrote in 1972 that I was unable to work because of mental condition has treated me for over 35 years. He would be a hell of a witness.

If I could go back 38 years ago when I was checking out in Nam, in 1969 and the medical clerk was going through medical records wadding up records and throwing them in the trash and saying we won't need this and we won't need that, I would have stopped him. At least I would have reported it. I was so happy I was finally going home no one could upset me. I never knew the impact it could have. Also I would get copies of all my civilian health records and stored them in safe deposit box and they were recorded directly my military service, so when my family doctors office burned in the late 70's I wouldn't have lost have them forever and now I would have all the nexus I would need for all the VA is denying me. Young vets listen very closely. I believe it is worse now than then. I feel very fortunate to have the records I have and held on to and to have the abilty to connect the dots under the circumstances that have transpired over the last 40 years.

A little off the subject but thoughts non the less.

Edited July 15, 2008 by danang_1969 (see edit history)