War Veterans Suffer in Silence
Updated: April 9, 2008 06:49 PM EDT
Many War Veterans Suffer in Silence
Iraqi vets with 2-tours, like Stephanie Breaux, are 50 percent more likely to suffer from acute combat stress. That's according a study by the U.S. Army. Breaux is the woman just identified as the murder victim inside a Sheveport home.
That Army study also shows 1- in 8 returning vets suffers from Post Traumatic Stress Syndrome, commonly known as PTSD. Those figures strongly suggest that many returning soldiers suffer in silence. "The other night I had a helicopter come over the house and I just, I woke up, woke up sweating," described 24-year old Johnie Gamble.
We met Gamble during a visit to the Overton Brooks VA Medical Center off Stoner Avenue in Shreveport. Gamble's case of PTSD is all-too-common as Loretta Leavitt explained. As a licensed, clinical social worker with Overton Brooks, Leavitt gave us her 'gut feeling' on the percentage of combat veterans she sees who suffer some form of post-traumatic stress: "Into the nineties; ninety, ninety percent."
Official figures for PTSD may be far less, but Leavitt sees many vets struggling every day. She continued, "sleeping problem is the biggest issue with this population." "Pervasive is probably the word I would use," said VA psychiatrist Dr. Dean Robinson, in describing the number of PTSD cases.
"And what I'm particularly worried about is their families," especially said Dr. Robinson, for guard and reserve members. Unlike active duty military, they don't have the same comprehensive family support network.
At a prisoner of war recognition ceremony, POW's recognized what younger veterans are now going through. George Gray survived nearly three years as a prisoner of war during Korea. "I had several friends just went off the deep end because they couldn't take any more of it."
Wesley Browning survived the Bataan Death March. That ceremony at the Overton Brooks VA Medical Center on Wednesday, April 9 coincided with the 66th anniversy of Bataan. He reflected, from his experience and to that awaiting our newest veterans, "they will have problems forever. (pause) It'll never end."
For veterans feeling isolated, disconnected or thinking of harming themselves, there is help out there. Call the mental health unit at Overton Brooks at (318) 221-8411.
Story by Jeff Ferrell
Thursday, April 10, 2008
War Veterans Suffer in Silence
Australia's "Guinea pigs" in chemical weapons research
Guinea pigs tell a testing tale
Julie Huffer
09Apr08
Geoff Plunkett uncovered the untold history of soldiers exposed to chemical weapons.
Picture: PETER KELLY
THEY were guinea pigs for mustard gas and had excruciating burns yet were ribbed for not getting their hands dirty.
They were the Australian soldiers whose job it was to test chemical weapons in World War II and they were, until recently, the forgotten men of our war history.
That is, until a Berowra resident stumbled across a document detailing the dumping of hazardous materials at sea. In 1994, while working for the Environment Protection Agency, research scientist Geoff Plunkett found a reference to mustard gas cyclinders dumped off Morton Island in Queensland.
"I wrote a report which was picked up by the Defence Department and I thought, 'how did this stuff get here and why', and that's what led to the book," he said.
Chemical Warfare in Australia, published by the Australian Army History Collection and Australian Military History Publications, focuses on personnel involved in the maintenance and testing of chemicals imported as a retaliatory plan against Japan.
It documents the secrecy of production, storage, transportation and disposal of chemicals.
"Initially my driver was research," Mr Plunkett said of his motivation to write the book.
"Everyone has an interest in chemical weapons. Then I saw a small piece written by a member of the Chemical Warfare Unit and he said there were 'more of us'. I got hold of 35 veterans."
As Mr Plunkett delved deeper, he said the book became personal.
He said many of the veterans he spoke to were angry because, 65 years on, there was still ignorance about what they did.
They were accused of being bludgers because gloves kept their hands lilly white and were denied benefits because they were forced to stay at home.
Some died from the toxic chemicals and many have related illnesses today.
"Much of the equipment was designed for use in the UK ... not for temperatures of 40C," he said.
"They couldn't wear full gear and were often exposed to vapours."
Frank Burkin, one of 19 soldiers left from a unit of 124, said Plunkett's book was great.
"To know the story has been told provides a sense of closure. I was under a 30-year silence and if I mentioned it, people looked at me like I was telling tall tales."
Mr Burkin is happy mustard gas was never used in battle.
"I'm grateful it proved it was not a useful weapon in World War II, because it was a hindrance and would have cost more lives," Mr Burkin said. Details: www.warbooks.com.au
Australia's Guinea pigs
Wednesday, April 9, 2008
Fla. Veteran Wages War Against VA For Benefits
Florida vet fights VA for compensation
By JOHN W. ALLMAN
The Tampa Tribune
Published: April 10, 2008
Updated: 12:12 am
TAMPA - Edgar Freyre knows about being at war.
Despite never seeing military combat, the U.S. Army veteran has spent nearly a decade fighting an unlikely foe: his own government.
Freyre, 78, of Tampa, says he is entitled to medical benefits through the U.S. Department of Veterans Affairs. He contends that he got sick while training to fight in the Korean War and that the illness continues to affect his health today.
The federal government has repeatedly denied his claims and appeals, citing, in part, a lack of medical evidence.
"They claim it hasn't been proved yet, but that has nothing to do with me. I am here. I know it happened to me," he said. "I'm not lying. I don't have to lie."
Freyre first applied for benefits in 1967. He was denied at the time and didn't challenge the decision for more than 30 years. Since 1999, however he has aggressively pursued compensation after being diagnosed with nutritional hepatitis with cirrhosis, which his doctors link to his previous illness.
In December 2007, the VA's decision was upheld by the U.S. Court of Appeals for Veterans Claims in Washington.
Now Freyre is awaiting a new ruling from the VA after submitting new evidence in January.
He is hopeful that this time will be different. He fears that time is running out. His health, he said, is deteriorating. He wants his benefits approved before he dies so his wife might be eligible to receive widow's compensation.
And he's angry.
He said he was unable to work for most of his adult life because of his illness. He has spent as much as $190 a month for years on medication he believes should have been covered. And he doesn't understand why VA officials won't take responsibility.
"That evidence is under consideration, so he will be getting another decision," said Collette Burgess, assistant service center manager at the VA's regional office in St. Petersburg.
The average wait time on claims at the St. Petersburg office is about 106 days, less than the 180-day national average.
If his claim is denied, however, and he has to file another appeal, the average wait time for an appeals ruling is nearly a year.
Freyre said he has researched and found a number of cases in which veterans died before their cases were resolved. He vowed not to let that happen to him.
"I'm going to continue pursuing it. They're never going to stop me. Who are they to deny me something that is right?" he asked. "I have a claim. I know it's true. They can't tell me it never happened like they did before."
The Facts
It shouldn't be this hard to prove.
Freyre has medical records showing various treatments he has received. He has blood work. He has medical opinions from three Tampa specialists, all supporting his claim.
And he has the facts.
In 1948, Freyre joined the Army and was sent to Puerto Rico, his birthplace, to train for two years. He spent time digging ditches and working in streams, immersing himself in the water and drinking it.
He was discharged two years later, in 1950, and moved home to New York. That's when the problems began.
Freyre suffered severe abdominal pain and frequent bouts of diarrhea, he said, starting in 1951. By 1957, he was diagnosed with schistosomiasis, a disease caused by parasitic worms.
Schistosomiasis is not common in the United States, but can be contracted in places such as Puerto Rico, particularly when people are exposed to contaminated water. Freyre said he was not sick with the condition as a child.
His doctor at the time injected him with Fuadin, a drug used to treat schistosomiasis.
The injections worked, but his symptoms continued. Freyre says he believes the parasites had already damaged him internally, which is why he kept having problems.
When Freyre filed his first claim for benefits in 1967, the VA said he showed no signs of illness when he was discharged, nor had he complained of being ill.
Freyre presented medical opinions that said such illnesses could go undetected for years.
The claim was denied, in part, because no medical records existed from his treatment in 1957.
That's because all record of Freyre's treatment in the late 1950s was destroyed except for a doctor's certificate, which says he was treated for schistosomiasis.
Steve Westerfeld, a VA spokesman in Washington, said it's a common problem the VA faces when dealing with older veterans. Many records simply no longer exist.
Freyre said he decided not to fight the denial at the time because he had a wife and a growing family to support.
However, his condition continued - and worsened - for nearly 30 years.
Claims Increasing
Freyre is like thousands of veterans who seek compensation every year.
During fiscal year 2007, which ended in September, the department received more than 838,000 claims, a sharp increase over past years, Westerfeld said.
The department also is seeing more reopened claims, he said, from veterans such as Freyre who make another attempt to receive benefits.
If Freyre's claim were approved, officials would calculate his monthly compensation based on factors such as the severity of illness or disability. They also would look to see whether he was eligible for any retroactive payment.
"It's a very open-ended system," Westerfeld said. "A veteran has the right to appeal any decision we made, whether it's a decision to grant or a decision to deny."
Appeals take longer to reach a decision, however. As of September, the department had 140,000 pending appeals, each of which can take an average of 300 days to resolve.
The St. Petersburg office, on average, can process an appeal in 244 days.
Westerfeld said the department is trying to improve its ability to deal with a growing population. It is hiring 3,000 new employees and rehiring retired employees to help train them.
The entire process can be overwhelming for a veteran.
"They want to say, this is all connected to my service and the government should help me out," he said. "We certainly get that."
The VA agreed to discuss Freyre's case with The Tampa Tribune after he signed a privacy waiver.
There was much officials can't say, however, including whether other veterans received benefits for the same medical condition.
The VA also can't say how much has been spent to deny Freyre's claim. Those costs aren't tracked either, Westerfeld said.
Freyre also couldn't provide an estimate, but said he has spent thousands of dollars on medical care, tests and medications since he was diagnosed in 1957.
Officials also declined to say whether the length of time Freyre has spent trying to receive benefits is normal.
"I'm not going to speculate on that," Burgess said.
Appeal Denied
Freyre left New York in the 1970s and moved to Tampa. He continued seeking construction jobs, but said his health made work difficult.
By 1998, he was still sick, but he had new hope. He had been diagnosed with nutritional hepatitis with cirrhosis, which his doctor said could be linked to the schistosomiasis.
Freyre filed a new claim for benefits in November 1999, but that, too, was denied.
He requested a hearing. He provided testimony. He hired a lawyer. He collected multiple medical opinions.
"I feel unable to disregard the thought that this patient has both illnesses as a mere coincidence," Margarita Cancio of the Infectious Disease Associates of Tampa Bay wrote in 2004. Cancio is a former chief of staff at Tampa General Hospital.
The veterans department sought its own experts in 2000, 2004 and 2005 to counter Freyre's claims. One was Rathel Nolan, an infectious disease specialist at the University of Mississippi Medical Center.
Nolan was paid $500 in 2005 to address two questions: Was it possible Freyre contracted schistosomiasis, as he said, while in the Army? And could his nutritional hepatitis with cirrhosis have occurred as a result? The answers: Maybe, and no.
"If he indeed had schistosomiasis, it is a reasonable conclusion that he contracted it during his service," Nolan said, saying no record of Freyre's initial diagnosis was available. "Since that time, there have been no definitive tests to show that the patient had schistosomiasis."
Nolan argued that nowhere in Freyre's medical exams was there any evidence of the disease. Freyre has contended in his appeals that the Fuadin injections in 1957 cured the schistosomiasis, but that the damage to his liver and intestines had already been done because it went undiagnosed for years.
A year later, in February 2006, the Board of Veterans Appeals denied his appeal.
His Goal
Most people likely would give up, but Freyre's attorney, Michael Steinberg, said he disagreed with the decision.
"It's just my opinion that they could have said circumstantially, more likely than not, his current condition could be related," Steinberg said. "They gave more weight to the opinion of their doctor."
Steinberg told Freyre he still had options. He could appeal to federal court, or he could submit new evidence.
In 2006, while his appeal was being considered, Freyre submitted to a new blood test to detect schistosoma antibodies. The test was positive.
For the first time, doctors had found evidence in Freyre's system of the disease that the VA's expert essentially questioned whether he ever had.
Three months ago, Freyre reopened his claim.
It's no longer about money, he said. He just wants to prove finally that he hasn't been wrong all this time.
And, he said, "That's what I'm going to do before I die."
Reporter John W. Allman can be reached at (813) 259-7915 or jallman@tampatrib.com.
ABC's Bob Woodruff to receive Daniel Pearl Award in Los Angeles
Bob Woodruff to receive award
LOS ANGELES—Bob Woodruff, the ABC news correspondent nearly killed by a roadside bomb while working in Iraq, has been named the recipient of the Daniel Pearl Award for Courage and Integrity in Journalism, the Los Angeles Press Club announced Wednesday.
"We couldn't find a more deserving recipient of this award than Bob Woodruff," Chris Woodyard, USA Today reporter and president of the Los Angeles Press Club said in a statement. "Woodruff showed courage not only by going in harm's way to report in Iraq, but then bravely facing a long and difficult recovery after being wounded."
Woodruff will receive the honor named for Daniel Pearl, the late Wall Street Journal reporter who was kidnapped and killed in Pakistan in 2002, during the Press Club's 2008 Southern California Journalism Awards on June 21 at the Millennium Biltmore Hotel.
Woodruff suffered serious brain injury in January 2006, when a roadside blast in Iraq tore off part of his skull and sent shrapnel into his head. He spent 36 days in a medically induced coma, but returned to the job 13 months later and recently won a Peabody Award for his series "Wounds of War—The Long Road Home of Our Nation's Veterans."
"Bob has become an iconic role model, not only of journalistic courage and integrity, but also of the capacity of the human spirit to turn injury into challenge," Daniel Pearl's parents Judea and Ruth Pearl said in a statement. Their foundation is a co-presenter of the award.
Past recipients include the late Michael Kelly of Atlantic Monthly, Time Magazine journalists Michael Weisskopf and James Nachtwey and Jesus Blancornelas, editor of the Mexican weekly Zeta. Last year's award was won by veteran war correspondent Kevin Sites.
The first award went to Pearl, who was researching a story on alleged links between al-Qaida member Richard Reid—the so-called shoe bomber—and Islamic militants in Pakistan when he was kidnapped and killed.
———
On the Net:
Los Angeles Press Club: http://www.lapressclub.org
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Congratulations Bob, I know I can say many if not all veterans are proud for you and offer you our SALUTE's. Hoooooooah
Tuesday, April 8, 2008
No peace from war
No Peace From War
The mother of a 24-year-old soldier who returned from Afghanistan sleepless, agitated and suicidal arrives on Parliament Hill today to press for better care for troops with severe psychological battle scars.
Ann LeClair of Sarnia said her son, Cpl. Travis Schouten, returned from Kandahar in the fall of 2006 a "changed man." She said the Canadian Forces is not doing enough to help soldiers like him who suffer post-traumatic stress disorder (PTSD). She will testify in-camera today before MPs on the Commons defence committee studying the scope of the problem.
When Schouten returned from tour of duty, he started drinking heavily and became easily frustrated and angry. The gunner based at CFB Petawawa suffered nightmares, depression and wanted to be left alone. Eventually LeClair gave up her job to care for him.
"He didn't want to sleep anymore because he didn't want the dreams," she said. "We had to leave the lights on for him at night."
Schouten's depression eventually led to a two-day vanishing act and an attempt to kill himself with a mix of pills and alcohol. LeClair said she has been battling the military for help ever since.
"I was appalled at the treatment he received, or should I say, didn't receive," she said. "I was astonished. It was beyond my wildest imagination or my wildest nightmare. In all honesty, Afghanistan was hard. But this is hell."
LeClair recently brought her concerns to the top, meeting with Chief of Defence Staff Gen. Rick Hillier. He told her the military is doing its best but grappling with a tremendous "volume" of such cases.
Figures from Veterans Affairs show the caseload is now 10,881 veterans or armed forces members with a psychiatric condition, of whom 7,106 are diagnosed with PTSD. Numbers include vets from previous conflicts, but have been climbing quickly since Canada's Afghanistan mission began in 2002.
Veterans Affairs Minister Greg Thompson said his department is taking care of those in need with financial and clinical programs.
LONG-RUNNING BATTLE
"This was recognized long before my tenure with previous ministers, the need to address that," he said in a recent interview, adding his government is always striving to meet the changing needs of traditional and "new force" vets.
But LeClair said she will demand the government do better when she speaks to the committee today.
"My son has gone through hell," she said. "He didn't anticipate feeling like he was nobody because he has an occupational stress injury."
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It appears the Canadian government is treating their war deployed soldiers like the DOd and the VA is here in the states........
UNITED FEMALE VETERANS OF AMERICA
THIS IS AN OPEN INVITATION TO ALL TO ATTEND THE FIRST CONVENTION OF THE UNITED FEMALE VETERANS OF AMERICA AT THE ST LOUIS MARRIOTT WEST ST LOUIS MISSOURI. JUNE 26 TO JUN 29. DETAILS ARE IN THE LINK BELOW.
PLEASE FEEL FREE TO PASS THIS ALONG. ANYONE WHO WISHES TO SEND A COPY OF PHOTOS TO ME TO BE DISPLAYED AT THE CONVENTION AND AT THE END WE WILL DONATE THEM TO THE WOMEN'S MEMORIAL IN WASHINGTON DC.
UFVA IS WORKING ON GUEST SPEAKERS AND COORDINATING WITH VETERANS GROUPS TO DISPLAY MATERIALS FROM THEM.
PLEASE SUBMITT YOUR IDEAS AND WISHES TO ME AT
AGNES M "IRISH" BRESNAHAN
US ARMY CAPTAIN SIG C 10 SEP 1971 TO 10 JUN 1977
10 MARBLEHEAD ROAD WINDHAM NH 03087
LIFETIME MEMBER UNFVA DAV VVA AND AMERICAN LEGION
Just spreading the word of the "First convention" of this group
Monday, April 7, 2008
Keith Roberts update
An innocent and reportedly depressed Navy Airman Keith Roberts (1968-71) suffering from Post Traumatic Stress Disorder (PTSD), and serving a four-year sentence for wire fraud since March 2007, has for reasons unclear been moved and caged in solitary confinement in a federal prison in Minnesota for almost a month, according to the veteran's wife.
Roberts was targeted by the US Dept of Veterans Affairs (VA) in 2003-05, and became the central figure in an Alice-in-Wonderland tale, after U.S. Attorney Stephen Biskupic of Wisconsin and top VA officials schemed to convict Roberts’ of fraudulently receiving VA benefits (by wire transfer as the VA requires).
Despite hostility from high quarters of the VA, Roberts may be again granted the benefits for which he is federal prison for receiving.
U.S. Atty Biskupic is the same U.S. Atty who infamously prosecuted an innocent Wisconsin woman in a political prosecution, and several innocent Wisconsin citizens for voter fraud in apparent service to the needs of the national GOP.
The honorably discharged Roberts, from Gillett, Wisconsin (Oconto county)veteran, has a criminal appeal pending before the Court of Appeals for the Seventh Circuit and simultaneously has an administrative appeal before the U.S. Court of Appeals for Veterans Claims’ (CAVC) on his VA disability case, litigating the same set of facts before two judicial forums.
Roberts and his veteran allies hope for a decision this sometime this year.
Roberts’ U.S. Dept of Veterans Affairs (VA) claim for his diagnosed PTSD (granted and since challenged repeatedly and denied by the VA) is related to, among other stressors, trying to save his friend, 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 U.S. Dept. of Justice, in the office of US Atty Stephen Biskupic, made the unusual argument of contending (and convincing a jury in federal court) that Holland and Roberts were not friends (an assertion knocked down) and that Roberts was not part of an unsuccessful rescue effort to save Airman Holland, though Roberts was on line duty at the time and the base equivalent of general quarters had sounded as Holland slowly was crushed to death.
Roberts' wife, Delores, sent the following e-mail to this writer over the weekend.
There is nothing at my end of the world to relate to anyone that is good news. Keith has been in solitary for well over a month, no word yet as to why he is there, he can not make telephone calls and when we visited him one month ago he had just been placed there and no word as to why. He is allowed to make one telephone call per month. … He has not heard from the 7th nor from the CAVC. … If you know anyone that would be interested in going to national news on TV or otherwise, that would probably help. Don't know what to do or what to think. (Too) damn depressed, just (to) do the daily functioning, go to work, eat, sleep and occasionally clean house only when needed. Nothing else to report, the rest of the story is too damn depressing to even talk about.
Veteran-advocacy groups deride the delivery of health care and disability benefits to our veterans today as just another example of Bush administration incompetence in administering government services and entitlements to which it is ideologically hostile, a la FEMA and disaster relief.
Roberts had hounded the VA to distraction and when he accused the VA of outright fraud in 2003, one VA Special Agent Raymond Vasil retaliated against this Vietnam-era veteran for seeking retroactive PTSD-related disability benefits—administrative events by Vietnam-era veterans that are politically unpopular with the American Enterprise Institute and the Bush administration.
It is in this context that Roberts was reportedly argumentative and insulting to the VA, accusing the VA of fraud.
“[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 the 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. “I'd have to say that you guys are TOTALLY (uppercase in the original) right about Roberts' conviction being bullshit ...”
On August 16, 2004, the VA halted the benefits being paid to Roberts based upon Vasil’s investigation; Roberts appealed the decision on September 14, 2004, and was indicted seven months later.
The case has also drawn the attention of Harper's magazine contributor and human rights attorney, Scott Horton:
(T)ake a look at another prosecution brought in Wisconsin against a wounded vet, whose claims for benefits was turned into a criminal prosecution for wire fraud. As Wisconsin Public Radio reports, Keith Roberts, a Navy veteran got into the U.S. attorney’s crosshairs by filing a claim for benefits related to Post Traumatic Stress Disorder (PTSD) diagnosed as occurring because he witnessed and tried to prevent his friend from being crushed to death by a C-54 airplane while stationed at a Naval air base in Naples, Italy 1969, and unrelated assault by the Navy Shore Patrol—granted and then denied, has not yet been decided by the CAVC. But the Department of Veterans Affairs (VA) after being accused of fraud in 2003 by Roberts ignored the CAVC process and investigated and asked that Roberts be prosecuted for fraud by the US Attorney’s office.
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. It may be that the veteran is making claims which shouldn't’t be granted, but the decision to resist them by a criminal complaint is very heavy handed. What happens if the Veterans’ Appeals process rules for Roberts? As I read these papers, that seems possible. ...
Legal questions and legal comments can be e-mailed to Robert Walsh at: rpwalsh@sbcglobal.net.
[Much of the above piece has been previously published in numerous veteran advocates' media.]
Veterans' advocates ask that you please contact the following members of Congress expressing your objection that Roberts was:
- Singled out by the VA and prosecuted by the U.S. Attorney because he spoke out against the fraudulent and slow VA
- Was prosecuted for wire fraud while his VA disability benefits claim was and is still being adjudicated in the VA claims process
Rep. John Conyers, Jr
Chair, House Committee on the Judiciary
E-mail: John.Conyers@mail.house.gov
(Phone) (313) 961-5670(Fax) (313) 226-2085
Rep. Tammy Baldwin
Member, House Committee on the Judiciary
E-mail: Field: http://tammybaldwin.house.gov/get_address.html
(Phone) (608) 258-9800
(Fax) (608) 258-9808
Contributions can be sent to:
Keith A. Roberts Defense Fund, Inc.
c/o Kentucky Neighborhood Bank
201 E. Lincoln Trail Blvd.
Radcliff, KY 40160
Media on Keith Roberts
- National VA Director Pushed US Atty Biskupic to Indict Wisconsin Veteran
- New Evidence in Jailed Vet Case, Witness Contradicts Prosecution in E-Mail
- More Evidence Clears Innocent Jailed Wisconsin Veteran
- Jailed Wis Vet Makes Due Process, Evidence Arguments in Appeal
- Fighting the US DoJ and the VA in Two Courts at Once
- DoJ Memo Conflicts with U.S. Atty Biskupic Address at Oral Arguments for Jailed Wisconsin Vet
- Harper's Magazine. Scott Horton: US Attorneys' scandal - US Atty Stephen Biskupic
- Wisconsin Public Radio News (May 10, 2007)
- The Lee Rayburn show (June 29, 2007)
- Keith Roberts' Atty. on the Lee Rayburn show (June 6, 2007)
- The Lee Rayburn show (May 24; 2007 begins at 44 min., 24 sec.)
Oral Arguments in U.S. v. Roberts
Access 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.]
Below is a piece from June 7, 2007 disconfirming much of the US Atty's case against Roberts.
June 7, 2007
More Dismantlement of Case Against Jailed Wisconsin Veteran
By Michael Leon
Madison, Wisconsin—An analysis reveals more corroboration of the account of a Vietnam-era airman who witnessed a colleague's death in a gruesome C-54 aircraft accident in 1969 at a Naval Air Facility in Naples, Italy and is now imprisoned for wire fraud.
The crushing death of Airman Gary Holland in the wheel well of the C-54 set in motion a chain of events that 36 years later led the US Veterans Administration (VA) and the US Atty for the Eastern District of Wisconsin in 2006 to indict and convict a veteran, Airman Keith Roberts (1968-71), diagnosed with Post Traumatic Stress Disorder (PTSD), on charges of wire fraud, arguing that Roberts fabricated his role at the death scene and his relationship with Holland, defrauding the VA.
Roberts is currently is serving 48 months in federal prison.
The US v. Keith A. Roberts indictment on mail fraud (April 26, 2005) and later superseded by an indictment on wire fraud alleges in part that Roberts in his “(s)cheme to (d)efraud” the VA “falsely represented material information to the VA” including “that Roberts and airman Gary (Holland) were close friends and roommates.”In fact, an analysis obtained from Roberts wife, Deloris Roberts, of the service histories Gary Holland and Keith Roberts reveals parallel military careers that would make it unlikely that Holland and Roberts were not at least friendly in their relationship, and that contradicts the prosecution’s indictment and trial statements.
Holland and Roberts:
- 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 Naval Air Station 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
“I’d say there was a pretty good chance that Keith Roberts and Gary Holland were friends,” said Deloris Roberts. “The prosecution must know this fact.”
Very little exculpatory information was introduced at Roberts’ trial by his court-appointed attorney, and much exculpatory information was not introduced.
VA Policy
After being diagnosed with PTSD and granted disability benefits, Roberts had no idea that political and bureaucratic forces allied with (then) VA Secretary Jim Nicholson in 2004-05 were determined to adopt the policies of the rightwing think tank, the American Enterprise Institute (AEI), ultimately resulting in Roberts’ prosecution after Roberts phoned the VA and complained that the VA were engaging in fraud in processing his PTSD disability claim.
Roberts's phone call and accusation of VA fraud sounded the alarm bells at the VA.Under the Bush administration, the VA is using propaganda to defend a reduction in benefits to veterans with PTSD, and redirect blame towards the troops themselves, often dismissing the PTSD as a mere pre-existing personality disorder, not requiring VA disability benefits, as 100,000s of troops return home form Iraq and Afghanistan damaged and forgotten.
Roberts’ benefits were ultimately cut after his phone call, and US Atty Stephen Biskupic's office used the VA benefits-severed administrative fact as a means of prosecuting Roberts in a criminal process.
Biskupic is the enforcer of a new VA policy adopted from the AEI that veterans suffering from PTSD wallow in a "culture of trauma" and do not deserve "entitlements;" and what Roberts attorney calls "a VA culture of claims denial that has turned into a criminalization of the disability claims process."
Roberts remains a warning to other Vietnam-era veterans suffering from PTSD to not file for PTSD benefits.
MALContends blog
