The en banc (full) hearing before CAVC, the national veterans court, will consider issues raised by Roberts including the imperative of the DVA to follow administrative rules and protect veterans' due process, and the mandate of the DVA to avoid a general adversarial posture towards veterans.
Roberts was convicted of wire fraud in 2007 after U.S. Atty Stephen Biskupic's office had convinced a jury that Roberts and a deceased Navy airman (Gary Holland)--who was crushed to death by a C-54 aircraft at an airbase in Naples, Italy--were not friends though the two men had parallel service histories. Not being friends and exaggerating his efforts to rescue his fellow airman; this does not seem: Just cause.
Most any veteran would tell you when the airbase equivalent of a general quarters alarm sounds, any man or woman on line duty would not ignore the alarm as is the U.S. government's official position in this perhaps most ludicrous case in DVA history.
Reads Roberts CAVC brief:
Employees of the Department [DVA] have failed to follow the requirements of the laws and regulations mandated for fraud determinations relevant to veterans. The violations of due process in this case are too numerous to list. Because the conduct of the employees of the agency have been so extreme in this case, the remedy should be extraordinary. The Court should make clear that the requirements found in [u.S. Code and federal regulations] ... are mandatory, not advisory.
Roberts has been diagnosed with Post Traumatic Stress Disorder (PTSD) by several private and public medical professionals, but again this documented medical condition is insufficient to establish his innocence of fraudulently receiving benefits.
Contra the government's case, writes Scott Horton in Harpers Magazine (Sept 7, 2007), "The prosecution smacks of retaliation and a plan to suppress veterans claims—Roberts was prosecuted for tenaciously pursuing a claim for benefits, which VA resisted and which is still in the benefits review process."
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. It is beyond our authority to disturb such a finding on appeal.VA Shreds
Writes James W. Ervin, stationed in Naples with Roberts, who supports Roberts' version of the circumstances in Italy that Roberts has for decades asserted was a Navy cover-up that resulted in a friend's death:
I was stationed @ NAF Naoles, Italy at the time of this 'incident,' July 1968 thru Nov.1969 . I also remember the young sailor be trapped / crushed up inside the wheel well (nose) of the aircraft inside the hangar of NAF naples, Italy. I do remember someone wanting to drive a forklift into the side of the aircraft ; but an officer or someone of authority would not let them do that....so what they did was have men climb up into the plane & go to the rear of the plane to put weight in the rear of the plane to let the nose come up to release the trapped sailor. Unfortuately that process was too slow to save the sailor from death. I also remember taking photographs of the 'Pin' that was in the nose gear at the time. I remember it as being a homemade looking pin without a locking clip to keep it from being removed without unlocking the device. As for the names of the people involved , I don't remember ; but there definitely was someone there who wanted to use the foek lift to rescue the sailor from the collapsed nose wheel and was ordered NOT to use the fork lift.
But Ervin was not heard at trial so Roberts sits in prison.
Roberts was an early whistle blower in the shreddergate veterans scandal, accusing the Milwaukee VA Regional Office of destroying documents in his file and engaging in fraud as the VA was in the process of determining the date from which his retroactive disability pay was to become effective.
Anger and frustration with the VA drove Keith Roberts to phone the VA Inspector General’s regional office at Hines, Illinois in November 2003 to complain.Roberts spoke with one VA Special Agent Raymond Vasil.
When he accused the VA of outright fraud in November 2003, Vasil retaliated against this Vietnam-era who had reportedly become a pain to the VA regional office.Several VA e-mails point to top officials in the VA engineering a criminal prosecution while gaming the veteran’s VA benefits adjudication, and subsequently putatively financially assaulting the veteran’s family.Roberts is but one victim of a stacked-against-the-veteran benefits system that was the subject of an that found as fact benefits-hostile practices at the VA.
Adding insult to injury, the VA also began immediate collection actions against the veteran and his two young daughters who had received education benefits related to their father’s service in the Navy, though Roberts' claim is still pending to this day at CAVC.What prompted the U.S. Atty’s office was a puzzle to many readers who have followed the case of Roberts who has been serving 48 months in a federal prison since 2007, as well as incurring associated costs of some $500,000.
But Keith Roberts was indisputably a major political and legal target of the VA that retaliated against this veteran for seeking retroactive PTSD-related disability benefits and calling out the VA on altering his C-file, a practice that was found to occur in 41 of the 57 VA field offices which have now adopted new procedures to preserve records such as what Roberts complained about in November 2003.
Revealing the Alice-in-Wonderland nature of the case is the fact that if Roberts claim is affirmed by CAVC, Roberts will have been found guilty of receiving benefits which he was found to be entitled.
In August 2005, the DVA, taking its cue from the American Enterprise Institute (AEI) had announced plans to review 72,000 PTSD cases with a 100 percent disability ratings like Roberts’.But a torrent of criticism by veterans’ groups and Democrats forced the Bush administration to back down. On August 10, 2005 then Sen. Barrack Obama (D-IL) blasted the administration in a letter to then VA Secretary Nicholson:
In order to truly create fairness in the claims system, the VA should concentrate its efforts on reviewing denials of PTSD claims. Without assessing why some PTSD claims are denied, it will be impossible to fully understand how the VA’s PTSD rating system can be improved.The process of gathering evidence to prove PTSD disability is extremely time-consuming. It requires the compilation of medical records, military service records, and testimonies from other veterans who can attest to a person’s combat exposure. I cannot fathom why the VA would require veterans to go through this emotionally painful process a second time.
Roberts became a target. Now many veterans' advocates are optimistic that under President Obama a change will come in how the DVA treats its veterans in the face of a hostile and selfish entrenched bureaucracy. There is now a political will from the administration to respect veterans.
For now the DVA claims process can be so frustrating that many vets (especially those suffering from PTSD) are thrown into fits of rage directed at the DVA itself, with nothing less that a sordid history, including such scandals demeaning veterans for seeking help with Post Traumatic Stress Disorder (PTSD) in this “culture of trauma.†The Pentagon at one point even blamed veterans “personality disorders†and lack of faith in God for veterans suffering after service.
Concludes the Roberts brief filed at CAVC:
The Court should craft a remedy for Mr. Roberts which orders the Secretary to restore to the Appellant his full panoply of V.A. benefits Nunc Pro Tunc [now for then, meaning retroactive restoration dating back to a point prior to the DVA's crusade against Roberts] to November 1, 2004, regardless of 38 C.F.R. § 3.665. His daughters should have their educational benefits restored and all collection activity against the Appellant and his family should cease. Roberts will still languish in prison, but will have some vindication and hope for an early release based on the order of this Court.
VETERANS' COURT Update 01: Courts for only ailing vets are spurring debate in California. There's one in Anchorage AK; Buffalo NY; Colorado Springs CO; Phoenix; Santa Ana CA; Santa Clara CA; and Tulsa Ok. Also, one is coming to Pittsburgh PA. These places have or will have courts designed for criminal defendants who are military veterans diagnosed with post-traumatic stress disorder, traumatic brain injuries and/or substance-abuse problems. The goal of these courts is to rehabilitate the veterans not by putting them in jail but by providing aggressive case management, which often includes closely monitored medical treatment, counseling and permanent housing. Debate over the concept is happening across the nation. In Sacramento CA Assemblywoman Mary Salas (D-Chula vista) introduced a bill this year to establish veterans courts statewide. Her legislation sparked such intense controversy that she quickly pulled it from consideration. Two years of negotiations have not produced a veterans court in San Diego County, which is home to about 250,000 veterans.
Supporters of the courts say they are an effective, humane and appropriately customized way of combating the revolving door of crime and punishment that some veterans experience. Critics say veterans shouldn't get special treatment and that judges in the court system are already equipped to deal with veterans' distinct circumstances. Steve Binder, an attorney in the San Diego County Public Defender's Office, said former service members do elicit special understanding from judges and prosecutors. But one thorny issue in trying to establish a court has been whether certain criminal behavior can be adequately addressed without time behind bars. “There is a legitimate concern about public safety where veterans are driving 100 mph or are engaged in violent offenses and harming other people,†Binder said. “We'd like to see a court that recognizes that veterans provided for our safety and that now our treatment services can provide for their safety,†he said. “We don't want to lose another generation to the prison system, like we lost the Vietnam veterans.â€
Skeptics of the veterans-court approach said it's well-meaning but falls short. In deciding whether to file charges, district attorneys need a stronger argument than just that a defendant is a veteran, said W. Scott Thorpe, chief executive officer of the California District Attorneys Association. He said the accuracy of a medical diagnosis and who pays for the testing are other issues. “We are not unsympathetic,†Thorpe said. The philosophical divide became apparent in California when Salas, chairwoman of the Committee on Veterans Affairs, introduced a bill to postpone sentencing for certain crimes committed by veterans suffering from PTSD or traumatic brain injuries. The legislation would have allowed the dismissal of charges after an 18-to 36-month rehabilitation program. It also would have permitted program graduates to state in most cases that they had never been arrested. Veterans groups, defense attorneys and some mental-health professionals lined up behind it. They argued that war changes people – often not for the better – and that the United States is morally obligated not to criminalize behavior that arose from problems linked to military service. Critics countered that the bill disregarded victims' rights and could be manipulated by criminals trying to avoid punishment. Opponents included the California District Attorneys Association, California Mental Health Directors Association and Mothers Against Drunk Driving. Eric Worthen, a consultant to the state's Veterans Affairs Committee, said Salas' bill will be reintroduced in January. In the meantime, he said, “We are going to be working hard to find that middle ground.†[source: San Diego Union Tribune Rick Rogers article 12 Jan 09 ++]
Question
allan
http://malcontends.blogspot.com/2009/07/ja...p-veterans.html
From: Michael Leon [maleon64@yahoo.com]Sent: Friday, July 31, 2009 10:14 AM
To: VeteranIssues-owner@yahoogroups.com
Subject: Re: [VeteranIssues] VETERANS' COURT Update 01
Jul 29, 2009
Jailed Vet's Case Heard by Top Veterans Court
Update: Listen to Wisconsin Public Radio's <A href="http://clipcast.wpr.org:8080/ramgen/wpr/news/news090729gh.rm" target=_blank>Veteran fights for his innocence by Gil Halstad.
Today the Court of Appeals for Veterans Claims (CAVC) is hearing the 13-years-long claim of Keith Roberts, an innocent Vietnam-era, Navy veteran wrongfully jailed through a George W. Bush DOJ prosecution after he was targeted by the U.S. Dept of Veterans Affairs (DVA) for “tenaciously pursuing a claim for benefits†and his whistle-blowing accusations that the VA was fraudulently altering his C-file.
The en banc (full) hearing before CAVC, the national veterans court, will consider issues raised by Roberts including the imperative of the DVA to follow administrative rules and protect veterans' due process, and the mandate of the DVA to avoid a general adversarial posture towards veterans.
Roberts was convicted of wire fraud in 2007 after U.S. Atty Stephen Biskupic's office had convinced a jury that Roberts and a deceased Navy airman (Gary Holland)--who was crushed to death by a C-54 aircraft at an airbase in Naples, Italy--were not friends though the two men had parallel service histories. Not being friends and exaggerating his efforts to rescue his fellow airman; this does not seem: Just cause.
Most any veteran would tell you when the airbase equivalent of a general quarters alarm sounds, any man or woman on line duty would not ignore the alarm as is the U.S. government's official position in this perhaps most ludicrous case in DVA history.
Reads Roberts CAVC brief:
Employees of the Department [DVA] have failed to follow the requirements of the laws and regulations mandated for fraud determinations relevant to veterans. The violations of due process in this case are too numerous to list. Because the conduct of the employees of the agency have been so extreme in this case, the remedy should be extraordinary. The Court should make clear that the requirements found in [u.S. Code and federal regulations] ... are mandatory, not advisory.
An affirmative decision by CAVC may affirm that the argument made by veterans in the class action law suit by veterans of the Iraq and Afghanistan wars that the DVA must perform its Congressionally mandated function to serve veterans.
Roberts has been diagnosed with Post Traumatic Stress Disorder (PTSD) by several private and public medical professionals, but again this documented medical condition is insufficient to establish his innocence of fraudulently receiving benefits.
Contra the government's case, writes Scott Horton in Harpers Magazine (Sept 7, 2007), "The prosecution smacks of retaliation and a plan to suppress veterans claims—Roberts was prosecuted for tenaciously pursuing a claim for benefits, which VA resisted and which is still in the benefits review process."
On appeal, Roberts' criminal conviction for wire fraud was upheld last year with the Court opinion reading in part:
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. It is beyond our authority to disturb such a finding on appeal.VA Shreds
Writes James W. Ervin, stationed in Naples with Roberts, who supports Roberts' version of the circumstances in Italy that Roberts has for decades asserted was a Navy cover-up that resulted in a friend's death:
I was stationed @ NAF Naoles, Italy at the time of this 'incident,' July 1968 thru Nov.1969 . I also remember the young sailor be trapped / crushed up inside the wheel well (nose) of the aircraft inside the hangar of NAF naples, Italy. I do remember someone wanting to drive a forklift into the side of the aircraft ; but an officer or someone of authority would not let them do that....so what they did was have men climb up into the plane & go to the rear of the plane to put weight in the rear of the plane to let the nose come up to release the trapped sailor. Unfortuately that process was too slow to save the sailor from death. I also remember taking photographs of the 'Pin' that was in the nose gear at the time. I remember it as being a homemade looking pin without a locking clip to keep it from being removed without unlocking the device. As for the names of the people involved , I don't remember ; but there definitely was someone there who wanted to use the foek lift to rescue the sailor from the collapsed nose wheel and was ordered NOT to use the fork lift.
But Ervin was not heard at trial so Roberts sits in prison.
Roberts was an early whistle blower in the shreddergate veterans scandal, accusing the Milwaukee VA Regional Office of destroying documents in his file and engaging in fraud as the VA was in the process of determining the date from which his retroactive disability pay was to become effective.
Roberts, of Gillett, Wisconsin, sought a new retroactive date per the advice of his Shawano County (Wisconsin) Veteran’s Service Officer.
Anger and frustration with the VA drove Keith Roberts to phone the VA Inspector General’s regional office at Hines, Illinois in November 2003 to complain.Roberts spoke with one VA Special Agent Raymond Vasil.
When he accused the VA of outright fraud in November 2003, Vasil retaliated against this Vietnam-era who had reportedly become a pain to the VA regional office.Several VA e-mails point to top officials in the VA engineering a criminal prosecution while gaming the veteran’s VA benefits adjudication, and subsequently putatively financially assaulting the veteran’s family.Roberts is but one victim of a stacked-against-the-veteran benefits system that was the subject of an that found as fact benefits-hostile practices at the VA.
Exercising an utter lack of prosecutorial discretion, the U.S. Atty after prodding from U.S. Dept of Veterans Affairs (VA) officials began the bizarre prosecution that drew immediate fire from veterans’ groups, such as Colonel Daniel K. Cedusky’s, AUS, (Ret.) and the American Legion.
Adding insult to injury, the VA also began immediate collection actions against the veteran and his two young daughters who had received education benefits related to their father’s service in the Navy, though Roberts' claim is still pending to this day at CAVC.What prompted the U.S. Atty’s office was a puzzle to many readers who have followed the case of Roberts who has been serving 48 months in a federal prison since 2007, as well as incurring associated costs of some $500,000.
But Keith Roberts was indisputably a major political and legal target of the VA that retaliated against this veteran for seeking retroactive PTSD-related disability benefits and calling out the VA on altering his C-file, a practice that was found to occur in 41 of the 57 VA field offices which have now adopted new procedures to preserve records such as what Roberts complained about in November 2003.
Revealing the Alice-in-Wonderland nature of the case is the fact that if Roberts claim is affirmed by CAVC, Roberts will have been found guilty of receiving benefits which he was found to be entitled.
In August 2005, the DVA, taking its cue from the American Enterprise Institute (AEI) had announced plans to review 72,000 PTSD cases with a 100 percent disability ratings like Roberts’.But a torrent of criticism by veterans’ groups and Democrats forced the Bush administration to back down. On August 10, 2005 then Sen. Barrack Obama (D-IL) blasted the administration in a letter to then VA Secretary Nicholson:
In order to truly create fairness in the claims system, the VA should concentrate its efforts on reviewing denials of PTSD claims. Without assessing why some PTSD claims are denied, it will be impossible to fully understand how the VA’s PTSD rating system can be improved.The process of gathering evidence to prove PTSD disability is extremely time-consuming. It requires the compilation of medical records, military service records, and testimonies from other veterans who can attest to a person’s combat exposure. I cannot fathom why the VA would require veterans to go through this emotionally painful process a second time.
Roberts became a target. Now many veterans' advocates are optimistic that under President Obama a change will come in how the DVA treats its veterans in the face of a hostile and selfish entrenched bureaucracy. There is now a political will from the administration to respect veterans.
For now the DVA claims process can be so frustrating that many vets (especially those suffering from PTSD) are thrown into fits of rage directed at the DVA itself, with nothing less that a sordid history, including such scandals demeaning veterans for seeking help with Post Traumatic Stress Disorder (PTSD) in this “culture of trauma.†The Pentagon at one point even blamed veterans “personality disorders†and lack of faith in God for veterans suffering after service.
Concludes the Roberts brief filed at CAVC:
The Court should craft a remedy for Mr. Roberts which orders the Secretary to restore to the Appellant his full panoply of V.A. benefits Nunc Pro Tunc [now for then, meaning retroactive restoration dating back to a point prior to the DVA's crusade against Roberts] to November 1, 2004, regardless of 38 C.F.R. § 3.665. His daughters should have their educational benefits restored and all collection activity against the Appellant and his family should cease. Roberts will still languish in prison, but will have some vindication and hope for an early release based on the order of this Court.
See also:
- VA Document Contradicts US Atty in Jailed Vet Case
- Weakening us criminal case, VA turns down jailed Wisc vet’s PTSD claim
- Jailed Wisconsin Veteran Sent to Solitary Confinement, Seeks Help
- DVA Attacks Veteran
- National DVA Director Pushed US Atty Biskupic to Indict Wisconsin ...
##
Michael Leon
Marketing and Public Relations Consultant
http://malcontends.blogspot.com/
maleon@charter.net
(608) 270 9995 (home)
(608) 658 4891 (cell)
--- On Fri, 7/31/09, Colonel Dan <colonel-dan@sbcglobal.net> wrote:
From: Colonel Dan <colonel-dan@sbcglobal.net>
Subject: [VeteranIssues] VETERANS' COURT Update 01
To: "Veteran Issues by Colonel Dan" <VeteranIssues@yahoogroups.com>
Date: Friday, July 31, 2009, 10:10 AM
From: raoemo@sbcglobal. net
VETERANS' COURT Update 01: Courts for only ailing vets are spurring debate in California. There's one in Anchorage AK; Buffalo NY; Colorado Springs CO; Phoenix; Santa Ana CA; Santa Clara CA; and Tulsa Ok. Also, one is coming to Pittsburgh PA. These places have or will have courts designed for criminal defendants who are military veterans diagnosed with post-traumatic stress disorder, traumatic brain injuries and/or substance-abuse problems. The goal of these courts is to rehabilitate the veterans not by putting them in jail but by providing aggressive case management, which often includes closely monitored medical treatment, counseling and permanent housing. Debate over the concept is happening across the nation. In Sacramento CA Assemblywoman Mary Salas (D-Chula vista) introduced a bill this year to establish veterans courts statewide. Her legislation sparked such intense controversy that she quickly pulled it from consideration. Two years of negotiations have not produced a veterans court in San Diego County, which is home to about 250,000 veterans.
Supporters of the courts say they are an effective, humane and appropriately customized way of combating the revolving door of crime and punishment that some veterans experience. Critics say veterans shouldn't get special treatment and that judges in the court system are already equipped to deal with veterans' distinct circumstances. Steve Binder, an attorney in the San Diego County Public Defender's Office, said former service members do elicit special understanding from judges and prosecutors. But one thorny issue in trying to establish a court has been whether certain criminal behavior can be adequately addressed without time behind bars. “There is a legitimate concern about public safety where veterans are driving 100 mph or are engaged in violent offenses and harming other people,†Binder said. “We'd like to see a court that recognizes that veterans provided for our safety and that now our treatment services can provide for their safety,†he said. “We don't want to lose another generation to the prison system, like we lost the Vietnam veterans.â€
Skeptics of the veterans-court approach said it's well-meaning but falls short. In deciding whether to file charges, district attorneys need a stronger argument than just that a defendant is a veteran, said W. Scott Thorpe, chief executive officer of the California District Attorneys Association. He said the accuracy of a medical diagnosis and who pays for the testing are other issues. “We are not unsympathetic,†Thorpe said. The philosophical divide became apparent in California when Salas, chairwoman of the Committee on Veterans Affairs, introduced a bill to postpone sentencing for certain crimes committed by veterans suffering from PTSD or traumatic brain injuries. The legislation would have allowed the dismissal of charges after an 18-to 36-month rehabilitation program. It also would have permitted program graduates to state in most cases that they had never been arrested. Veterans groups, defense attorneys and some mental-health professionals lined up behind it. They argued that war changes people – often not for the better – and that the United States is morally obligated not to criminalize behavior that arose from problems linked to military service. Critics countered that the bill disregarded victims' rights and could be manipulated by criminals trying to avoid punishment. Opponents included the California District Attorneys Association, California Mental Health Directors Association and Mothers Against Drunk Driving. Eric Worthen, a consultant to the state's Veterans Affairs Committee, said Salas' bill will be reintroduced in January. In the meantime, he said, “We are going to be working hard to find that middle ground.†[source: San Diego Union Tribune Rick Rogers article 12 Jan 09 ++]
"Keep on, Keepin' on"
Dan Cedusky, Champaign IL "Colonel Dan"
See my web site at:
http://www.angelfire.com/il2/VeteranIssues/
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