Uppity Wisconsin
Making Wisconsin Progressive Again
Veterans Court Orders VA Info in Jailed Vet Case
Mon, 08/10/2009 - 6:31am | mal contends
As Wisconsin Navy veteran Keith Roberts fights for his innocence in veterans’ court, the Court of Appeals for Veterans Claims (CAVC), a development in the case may signal a heightened scrutiny on allegations that the Dept of Veterans Affairs (DVA) bypassed laws and regulations to target Roberts in a coordinated hostile act.
Last week, the Court in Keith A. Roberts v. Eric K. Shinseki (05-2425) announced that it:
Last week, the Court in Keith A. Roberts v. Eric K. Shinseki (05-2425) announced that it:
has determined that additional information from the [DVA] Secretary would be helpful to the Court's resolution of this appeal. The Secretary will describe the procedures, practices and polices used for severing service connection of protected ratings due to fraud in effect at the time of the August 2005 Board decision and the date those procedures, policies and practices were implemented.
Jailed Wisconsin Vet's Case Heard by Top Veterans Court
Wed, 07/29/2009 - 8:37am | mal contends
Update: Listen to Wisconsin Public Radio's 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.
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.
mal contends's blog | 
Add new comment | 
Tags: Civil Rights, Court of Appeals for Veterans Claims (CAVC), Gary Holland, Gil Halstad, Harpers Magazine, James W. Ervin, Keith Roberts, Morrison and Foerster, Post Traumatic Stress Disorder, Robert Walsh, Scott Horton, shreddergate veterans scandal, U.S. Dept of Veterans Affairs (VA), veterans, Vietnam-era veterans, Wisconsin Public Radio
Rare Hearing for Jailed Wisconsin Veteran
Mon, 06/01/2009 - 2:45pm | mal contends
Cautious optimism defines the feeling among supporters of jailed veteran Keith Roberts.
Optimism because Keith Roberts—an innocent Vietnam-era veteran wrongfully jailed through a Bush DOJ prosecution—has been granted a rare en banc hearing before seven members of the national veterans court, the Court of Appeals for Veterans Claims (CAVC), for the appeal of his 12-years-long claim.
Anxiety because Roberts, who was diagnosed with Post Traumatic Stress Disorder (PTSD) after seeing his friend, Gary Holland, crushed to death by a C-54 aircraft, and his family were relentlessly pursued by the Bush Department of Justice and Dept of Veterans Affairs (VA) for Roberts’ “tenaciously pursuing a claim for benefits” and Roberts' whistle-blowing accusations that the VA was fraudulently altering his C-file, records containing documents related to his VA claims.
U.S. Atty Stephen Biskupic's office had convinced a jury that Roberts and a deceased Navy airman (Gary Holland) were not friends.
Optimism because Keith Roberts—an innocent Vietnam-era veteran wrongfully jailed through a Bush DOJ prosecution—has been granted a rare en banc hearing before seven members of the national veterans court, the Court of Appeals for Veterans Claims (CAVC), for the appeal of his 12-years-long claim.
Anxiety because Roberts, who was diagnosed with Post Traumatic Stress Disorder (PTSD) after seeing his friend, Gary Holland, crushed to death by a C-54 aircraft, and his family were relentlessly pursued by the Bush Department of Justice and Dept of Veterans Affairs (VA) for Roberts’ “tenaciously pursuing a claim for benefits” and Roberts' whistle-blowing accusations that the VA was fraudulently altering his C-file, records containing documents related to his VA claims.
U.S. Atty Stephen Biskupic's office had convinced a jury that Roberts and a deceased Navy airman (Gary Holland) were not friends.
Pardon Jailed Wisconsin Veteran
Wed, 12/17/2008 - 6:53pm | mal contends
President-elect Barack Obama has tremendously more on his plate than reinventing government and restoring some semblance of accountability to Americans.
Ensuring that the world does not enter into a second depression, halting a war or two, saving the environment, formulating an industrial policy on alternative energy, one can go on; all are problems of a massive scale.
But readers of Uppity Wisconsin may notice a comment from a veteran posted this week about another veteran who is serving a four-year sentence in federal prison.
Ensuring that the world does not enter into a second depression, halting a war or two, saving the environment, formulating an industrial policy on alternative energy, one can go on; all are problems of a massive scale.
But readers of Uppity Wisconsin may notice a comment from a veteran posted this week about another veteran who is serving a four-year sentence in federal prison.
Jailed Wisconsin Navy Veteran May Get Win
Fri, 10/26/2007 - 8:07pm | mal contends
Via Mal Contends -
[- Accessing oral arguments. [Enter 07-1546 in the Case Number's fields by entering 07 in the "Year," and entering 1546 in the "Year Fragment's" field. Give the file some 45 seconds at least to load.]
Navy veteran Keith Roberts (1968-71) is serving a four-year sentance for wire fraud for trying to help save his buddy, Florida native Airman Gary Holland, from being crushed to death by a C-54 airplane while stationed at a Naval air base in Naples, Italy in 1969. The government says he lied, and that his diagnosed Post Traumatic Stress Disorder (PTSD) is based on lies.
Roberts is appealing.
Using one’s perceptions of the ideology, judicial integrity and past rulings of a three-judge panel as a means of predicting a ruling on a criminal appeals case is akin to a 16-year-old guy guessing the outcome of a first date with a 16-year-old girl: Conjecture seems a useless enterprise, and surprises and unpredictability are the rule.
Law Firms Rushing to Veterans' Aid
Wed, 09/26/2007 - 9:06am | mal contends
Via MAL Contends - The U.S. Dept of Veterans Affairs (VA) is infamous for its culture of claim denial (like a particularly mean health insurance company) and its systemic bureaucratic hostility to veterans.
But increasing numbers of civilian attorneys are stepping up to the plate to assist veterans.
"The need is staggering," said Gordon Erspamer, a Morrison and Foerster attorney in Walnut Creek, Calif., who has worked on veterans' cases since the 1970s. (Lynne Marek, The National Law Journal)
Morrison and Foerster is engaged in an unprecedented, class action, pro bono case on behalf of 100,000s of vets returning from Iraq and Afghanistan and suffering from Post Traumatic Stress Disorder (PTSD).
But increasing numbers of civilian attorneys are stepping up to the plate to assist veterans.
"The need is staggering," said Gordon Erspamer, a Morrison and Foerster attorney in Walnut Creek, Calif., who has worked on veterans' cases since the 1970s. (Lynne Marek, The National Law Journal)
Morrison and Foerster is engaged in an unprecedented, class action, pro bono case on behalf of 100,000s of vets returning from Iraq and Afghanistan and suffering from Post Traumatic Stress Disorder (PTSD).