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[hoody]

This is outrageous.. I have been following this case.. Is it the beginning
Of intimindation.... Can't prove your case... Then VA has you arrested?
Several atty's on my list have reviewed court docs, say he had a legitimate
claim, DOD wouldn't assist
With old photo's, reports, he got screwed. DAV bailed out on claim.


Veteran Sentenced to Prison for Filing VA Benefits Claim


U.S. v. Roberts, U.S. District Court for the Eastern District of Wisconsin,
Docket 05-CR-118

U.S. Court of Appeals for Veterans Claims docket 05-2425



March 2, 2007



Keith A. Roberts, of Gillett, Wisconsin, was sentenced to 4 years in federal
prison today for filing for and receiving VA disability benefits.

In an "Alice in Wonderland " prosecution orchestrated by the VA Office of
the Inspector General, (VA IG), the Office of the VA General Counsel and
members of the staff of the Secretary of Veterans Affairs, a complete end
run around normal VA laws, regulations and procedures was accomplished.
This after Congress instructed the VA not to spend scarce resources on such
prosecutions.

Mr. Roberts is a Vietnam era veteran of the U.S. Navy. He had been rated as
100% disabled for Post Traumatic Stress Disorder for many years. During the
pendency of an appeal with the VA for an earlier effective date for his
disability he complained to the VA IG about members of the benefits
adjudication staff in Milwaukee, Wisconsin. That complaint resulted in his
investigation, indictment and conviction for wire fraud.

When the VA severed his benefits he filed an appeal, which is still pending
before the U.S. Court of Appeals for Veterans Claims under docket number
05-2425. Until the VA administrative appeal is resolved the Secretary of
Veterans Affairs is not permitted by law to undertake the criminal
prosecution of a veteran for the same allegation.

The criminal proceedings included the misrepresentation of the laws and
regulations governing veteran's disability benefits claims procedures and
the military service of Mr. Roberts to the jury.

The government withheld hundreds of photographs and documents in their
possession from the defense which would have proven that Mr. Roberts did not
commit fraud.

The government's very own psychologist diagnosed Roberts as having PTSD
directly related to his military service, when he had been incarcerated for
89 days for a competency and a PTSD examination before his trial.

Roberts was forced to defend himself in federal court by proving that he was
present at his duty station on the flight line in Naples, Italy on February
4, 1969 when Airman Gary Holland was killed while performing maintenance on
a C-54 aircraft. On February 6, 1969 Roberts had been given a "Special"
Personnel Performance Evaluation spelling out his duties as a Navy Lineman
and commending him on his military performance.

The government produced no witness who testified that Mr. Roberts was not
present for duty on that day. They produced no witness or document which
refuted that the aircraft hanger was his duty station. Several witnesses
testified that general quarters was sounded. They produced no proof that
Roberts failed to respond to general quarters.

The position of the VA and the United States Attorney is that Mr. Roberts
was not present, and therefore his VA disability claim is based on fraud.
Where were you on February 4, 1969? Can you prove it!

Just thought I sould pass this along stuff like this just pisses me off!
I have sent letters out that I'm willing to help the family if they need help with bills.

I'ts not good news, but pass it along people need to understand what (the man) has the power to do, even to a VET!