Veteran Issues Digest Number 1597

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Messages

1. FW: Roberts

Posted by: "Colonel Dan" colonel-dan@sbcglobal.net coloneldan1

Mon May 28, 2007 9:20 am (PST)

Ray Davis: You do a lot of good with your web site & email info... don't
undo it all by jumping on the VA band wagon.. I am very familiar with this case... it is a travesty, done by an out of control VA OIG, at one of the worst VARO's in the country for Veteran's & a very political federal prosecutor/atty gen...
it is warning shot fired across the brow of every disabled veteran, and meant to intimindate vets.
That dog won't hunt... get on the Keith Robert's band wagon... Thank God for attorney's like Robert Walsh...

The Board of Veterans Appeal, the U.S. Court of Appeals for Veterans Claims and the U.S. Court of Appeals for the Federal Circuit have exclusive jurisdiction over VA claims. BVA 38 U.S.C. 7100-7112; CAVC 38 U.S.C.7200-7299; Fed. Cir. 38 U.S.C. 7292.

.Help this Family.. send a check today to:
The defense fund by his sister Sally Harrod

grahamgirl@hotmail. com is:

Keith Roberts Defense Fund, Inc.
C/O Kentucky Neighborhood Bank
201 E. Lincoln Trail Blvd.
Radcliff, KY 40160

_____

From: Robert P. Walsh [mailto:rpwalsh@sbcglobal. net]
Sent: Sunday, May 27, 2007 8:57 PM
To: 'Ray B Davis Jr'
Subject: RE: Roberts

I have read most of the 3,000 page claims file. I have read the phony VA OIG report which is so bad it has a C-130 killing Holland instead of a C-54 in one interview.

I have read the motions in federal court. I have discussed the case with a retired FBI agent who says it is a load of crap.

You have read the 41 pages of one the the most fraudulent BVA opinions ever written. And you are an expert on Keith Roberts. I think not.

FACT:

1. The VA did not find that he committed fraud, as they never followed the procedure to even charge him with fraud or to terminate his benefits. Read 38 CFR 3.905.

2. I have met Roberts, I don't think you have. He saw his friend Gary
Holland get killed. They were at Lakehurst, N.J., then came to Naples Italy a few weeks apart.

3. Holland was killed due to the negligence of officers and NCOs', in what should have been a routine maintenance procedure. The NCOs' and Officers are still lying to cover their guilty asses. Holland is dead, and they are drawing retirement pay.

4. Roberts has a verified stressor, 3 day psych hospitalization, which is what he claimed under. Not the death. You do not have all the facts, you have what the incompetent BVA "judge" has given you.

5. The federal "crime" he was convicted of was not lying about the death of his friend. It was accepting wire transfer (EFT) payments for VA benefits. That has been mandatory for many years.

6. The VA is not permitted by their rules to bring criminal charges until the CAVC rules. What happens when the CAVC restores this mans benefits?

7. Do not say a damned thing about this man until you have some facts. The
VA does not need any help trashing veterans. You sound like you think a system that gets benefits decisions wrong 95% of the time is now perfect?

8. Ron Abrahms and Christine Cote prepared the brief for Roberts at CAVC. He is 100% correct, and his is entitled to his S/C PTSD. He actually has 3 stressors. The death of Holland is one. Like I said, he was there. He worked in the hangar. He was on duty that day, he and Holland took the E-4 test that morning.

9. The U.S. attorney and the VA witnesses lied about the VA regulations for PTSD. That is how they got the conviction. The federal court appointed a psychologist to examine Roberts and the records. He confirmed PTSD.
Verified by the 3 day psychiatric hospitalization after Holland's death in a Navy hospital, in the Navy medical records, not by anything Roberts said. If the VA wants to change the rules for PTSD they can. Right now they have to play by the rules in place.

You keep standing up for the VA, they need all the help they can get. I will stand up for the veterans, widows and orphans they abuse everyday.

You can be certain you don't know a damned thing about what I know about this case as you never bothered to call and discuss it with me.

Guess you are qualified to go on Fox TV News and talk about if for hours as an expert then.


Robert P. Walsh
Attorney
142 West Van Buren Street
Battle Creek, Michigan 49017-3071
U.S.A.
Telephone (269) 962-9693
Fax (269) 962-9592
E-mail: rpwalsh@sbcglobal. net


_____

From: Ray B Davis Jr [mailto:ray@valaw.org]
Sent: Sunday, May 27, 2007 8:13 PM
To: Robert P. Walsh
Cc: maleon@charter. net
Subject: Re: Roberts

Dear Mr. Walsh,

Concerning Keith Roberts; The VA regional office, and the BVA found him to have lied in order to obtain VA benefits, they did not say he did not have PTSD, only that what he said in order to get it was a fraud, and PTSD was not related to the incidents he used to get the PTSD VA benefits.

Further, the Federal Criminal Courts have ruled on the issue and had
determined him to be guilty. He had a jury trial and a jury of his peers found that he committed fraud.

And lastly, everyone who is in prison always has the same story " I am innocent".

There is more than enough evidence for me to state that Mr. Roberts has committed fraud in obtaining VA benefits.

There are plenty of veterans who need and deserve VA compensation, and people like Mr. Roberts cause hardship for honest veterans.

A con man can always spin a good tell, but in the end the official records and witnesses will trip him up.

I am certain the only facts you know from the case are those that the con man and his wife have spun.

Sincerely,
Ray B Davis Jr
http://www.valaw. org





----- Original Message -----
From: Robert P. <mailto:rpwalsh@sbcglobal. net> Walsh
To: Ray B. Davis, Jr. <mailto:ray@valaw.org>
Cc: maleon@charter. net
Sent: Sunday, May 27, 2007 4:56 PM
Subject: Roberts

Mr. Davis:

Why publish the BVA decision to the world as if it is truth? It does not accurately state the facts or the law. It is on appeal.

Since your site is to pass out information about VA law, then you should listen to Mr. Roberts on fraud and PTSD, as he was forced to learn much more about it than most of us.

Read 38 CFR 3.900- 3.905. Roberts was not afforded any of those due process procedures. See what the BVA "judge" says about it. Nothing.

Perhaps it is your position that vets with pending appeals should be dragged into federal court for taking benefits payments before the CAVC has ruled on the appeal?

That is this case, sir. See Weaver v Principi, 00-2284. VA can't even
start collections before a court order is entered. They also put Roberts into collections immediately.

BTW, Roberts was present when Holland was killed, and no witness has said he was not. Some have said they did not know him or remember him.

He took the E-4 test with Holland in the morning, they ate lunch and came back to the hangar (only one on station) about 20 min. before the accident.

It was his duty station, he was on duty that day, so where would he be? He was not marked AWOL or disciplined for failure to respond to the emergency.

Also, Holland was given a negligent and illegal order to enter the C-54 wheel well. The jacks had been removed from under the plane.

The Officer who screwed up (Fuchs) is the guy who got himself appointed to do the accident investigation. This is contrary to Navy regs. He put the blame on Holland. Dead guys cannot defend themselves. Fuchs get to retire, Holland gets blamed and Roberts goes off the deep end. Fuchs forbid Roberts to use the fork lift to raise the nose of the plane (the C.O.'s booty wagon) as it would damage it. So they played around for half an hour instead of
getting Holland out in 5 min. This is confirmed in VA IG interviews. The "witnesses" just don't remember who was running the forklift.

Fuchs then continues the cover up with perjury in federal court. What did you expect, for him to admit he killed the kid in open court?

Get informed and get real.

84 men worked in the hangar. Fuchs claims only 8 were present after the siren was sounded. One man testified in federal court that over 100 were present.

What do you think? Accident in the middle of the duty day, good weather, 84 men assigned to the building, only 8 present? Maybe, but I kind of doubt it.

These lifers killed Holland with their hurry up and get it done maintenance procedures. Roberts was pissed off and went nuts.

Also, as a point of information, the Court appointed federal psychologist reviewed the records and examined Roberts. He agreed with 15 VA examiners that Roberts has PTSD, and related to the event. So the judge did not let him testify. Roberts got "Swift-Boated" by the guys who killed Holland.

But you knew that, right?

Robert P. Walsh
Attorney
142 West Van Buren Street
Battle Creek, Michigan 49017-3071
U.S.A.
Telephone (269) 962-9693
Fax (269) 962-9592
E-mail: rpwalsh@sbcglobal. net


Ray B Davis Jr
Box 68
East Flat Rock, NC 28726 USA
http://www.valaw. org



2. Units confirmed exposed to sarin gas, list of units

Posted by: "Colonel Dan" colonel-dan@sbcglobal.net coloneldan1

Mon May 28, 2007 12:20 pm (PST)

http://www.armytime s.com/news/ 2007/05/military _sarin_gulfwar_ 070525w/
see full article

Study: Sarin at root of Gulf War syndrome

By Kelly <mailto:kellykennedy@ atpco.com?subject=Question from ArmyTimes.com
reader> Kennedy - Staff writer, Posted : Saturday May 26, 2007 15:59:15 EDT

List of units at:
http://www.gulflink .osd.mil/ forces_in_ hazard_00. htm

Distinct Army & Air Force Units in Khamisiyah 2000 Hazard Area

March 10-13, 1991

Updated: November 21, 2000

Note: Asterisks (*) behind a unit name indicates Air Force personnel
were co-located with the Army unit. There were no U.S. Navy and Marine Corps
(USMC) units located within the hazard area.

Component Key: Active = Active Army Units

ARNG = Army National Guard

USAR = U.S. Army Reserve

Status Key: Both = Unit in 1997 and 2000 Hazard Area

2000 = Added in 2000...

Long list of units by state at web site... here is Illinois:

Illinois

ARNG

Headquarters & Headquarters Detachment, 108th Medical Battalion

2000

ARNG

1244th Transportation Company

2000

ARNG

1544th Transportation Company

Both

USAR

458th Transportation Detachment

Both

USAR

Headquarters & Headquarters Detachment, 308th Civil Affairs

2000

USAR

Headquarters & Headquarters Company, 416th Engineer

2000

USAR

376th Engineer Detachment

Both

USAR

724th Transportation Company

Both

USAR

Company A, 7th Battalion,158th Aviation

Both

USAR

Company B, 7th Battalion,158th Aviation

Both

USAR

Headquarters & Headquarters Company, 7th Battalion, 158th Aviation

Both

USAR

423rd Medical Detachment - Lab

2000




3. FW: Are Military Associations Failing America's Wounded?

Posted by: "Colonel Dan" colonel-dan@sbcglobal.net coloneldan1

Tue May 29, 2007 7:55 am (PST)



_____

From: Pentagonmaverick@ aol.com [mailto:Pentagonmaverick@ aol.com]
Sent: Tuesday, May 29, 2007 9:33 AM
To: Pentagonmaverick@ aol.com
Subject: Are Military Associations Failing America's Wounded?

Are Military Associations Failing America's Wounded?

Robert F. Sawallesh
29 May 2007
http://www.pentagon maverick. com/

In the US House of Representatives there are Committees on the Armed Services and Veterans' Affairs.

There are House Subcommittees on Livestock, Dairy, Poultry [Chickens & Turkeys], Railroad, Pipelines and Fisheries [Fish].

On the Defense and Veterans side there are House Sucommittees on
Defense, Military Construction, Veterans Affairs and Coast Guard.

Senate Committees include Armed Services and Veterans' Affairs.

On the US Senate side there are Subcommittees on Animal Health,
Labor, Health, National Parks, Clean Air, Crime and Drugs.

When is the last time you heard a military association address the US Congress that in the US House and Senate there needs to be Subcommittees on Military Hospitals and Military Retiree Affairs. Military hospitals include Army, Navy and Air Force hospitals, not Veterans hospitals.

Some members of Congress may not know the difference between the terms "military veteran" and "military retiree." Or else they know the difference but they want to keep the military retiree term at a low key.

The next time a freshman member of Congress addresses a military
retiree group at a luncheon or dinner see if the Congressman addresses the group as "veterans" or "military retirees." The same goes for all of the members of Congress who are running for president.

With the scandle at Walter Reed you would think the House and Senate would form Military Hospital subcommittees. However, most members of Congress may think that military hospitals come under the Department of Veterans Affairs, hence they think that the military hospital crisis will receive some attention.

Hopefully, some members of the US Congress know that military
hospitals come under the the Pentagon. Sadly, many journalists, not all, in the national media think that military hospitals come under the VA. So I do not get blasted by the Tampa Tribune again, the Tampa Tribune knows that military hospitals come under the Pentagon.

Why does there need to be a House and Senate Military Retiree
Subcommittees? All you have to do is look at the massive benefits the Military Retiree Community has lost over the many years.

Resting on massive military retiree benefit loses the military
associations justify this as their needs to exist.

That is, military associations keep losing the battle for military
hospitals, but they need your association membership so you can provide funds so the military associations can keep losing the battle for military hospital benefits. This is just another way to look at the sad state of the military hospital lobby in Washington.

However, as a member of the Military Retiree community you can always buy health insurance that is endorsed by the miliitary associations who failed to defend your earned rights for military health care at Army, Navy and Air Force hospitals.

Once a year one or more military associations "Storm the HIll" at the
US Capitol. In the association magazines there are always wide angle photographs of the association representatives on the steps of the US Capitol.

Have any of these representatives when they visited their members of Congress while Storming the Hill ever stated that there needs to be Subcommittees on Military Hospitals and Military Retiree Affairs in the US House and Senate? Probably not, that might be too proactive.

What is the number of US military retirees? Around 1.9 million. How
many US military veterans? About 24 million. And how many military survivors which are primarily military widows? About 278,400.

Which military associations do not allow military widows to be on the
national board of directors even though they are counted as part of the general membership?

At the beginning of this article I mentioned that there is a
Congressional Subcommittee in Congress that oversees poultry? There are over 6½ billion chickens and 500 million turkeys raised each year in the US.

Maybe members of the US Congress think that chickens, fish and
turkeys are more important than having US Congressional Subcommittees on Military Hospitals and Military Retiree Affairs.

Who are have been hurt most by weak military associations who did
little to stop the downsizing and closing of America's Army, Navy and Air Force hospitals?

It is the active duty who were wounded and injured in Iraq and
Afghanistan who because of the lack of military hospitals, military doctors and military nurses have been sent to Department of Veterans Affairs hospitals which for years have been understaffed and underfunded.

Will America's military associations admit that their failure to
battle for more modern Army, Navy and Air Force hospitals has put additional stress on VA hospitals?

When the presidents of military associations visit the active duty
wounded in the VA hospitals do they realize that their associations now need to strongly lobby for new Army, Navy and Air Force hospitals?

What type of cooperation is there between veteran and military
associations in lobbying Congress for more modern Army, Navy and Air Force hospitals? Do military associations have to make deals under the table with veteran associations to gain there support to get something passed by Congress on new military hospitals?

Will veterans associations try to hinder military association efforts
to lobby Congress for new Army, Navy and Air Force hospitals because veteran associations want more modern VA hospitals and not modern military hospitals?

Just who are the military and veterans associations? Excellent web
sites are at
http://www.themilit arycoalition. org/Members. htm and
http://www1. va.gov/vso/ index.cfm? template= view.

Is the problem in getting White House, Pentagon and US Congressional support for new military and veterans hospitals due to the fact that there are so many different veteran and military associations instead of just one or two associations to really put pressure on Washington?

What is the most precious part of a plan in building a new military
or veterans hospital? Acccording to a retired Army general it is land. And where do you find available land? Answer: On military bases. A sad example of Pentagon and USAF medical mis-management is replacing the hospital at MacDill AFB in Tampa with only a clinic. See
http://www.pentagon maverick. com/Articles- congressional_ fib.html.

When will America's military associations wake up and fight for new
military hospitals?

No doubt the Medical Joint-Cross Sevice Group of the 2005 BRAC have been asleep or hiding following the Walter Reed crisis involving the wounded and injured from Iraq and Afghanistan.

Maybe Congress ought to call the BRAC Medical Group up for a special public hearing on Capitol Hill on the sad state of the Pentagon's military hospitals.

Oh yes, Congress should also invite the Pentagon's new Assistant
Secretary of Defense for Health Affairs, DoD Surgeons General and the DoD Contract HMO/Tricare Company presidents, such as the the Humana Miltary president to sit at the same hearing table as the BRAC Group.

Don't hold your breath on this Congressional hearing date.

Note: In this morning's Tampa Tribune note the following quote: "This month, a Pentagon task force warned that the military health care system is overburdened and not sufficient to meet the needs of troops suffering from PTSD and other psychological problems." Go to
http://www.tbo. com/news/ nationworld/ MGB7T65U92F. html.

Check out http://www.defensel ink.mil/brac/ pdf/VolX_ Medical-o. pdf,
http://mrgrg- ms.org/,
http://www.visi. com/juan/ congress/ cgi-bin/committe e_list.cgi? site=ctc,
http://www.house. gov/house/ CommitteeWWW. shtml and
http://www.senate. gov/index. htm.

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