Innocent Vet's Freedom in Balence on VA Following the Law

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airmanrobertsin1970x_01The following is excerpted from a longer, recently published piece because an important case, Military Order of the Purple Heart of the USA, and National Veterans Legal Services Program v. Secretary of Veterans Affairs (2008-7076), may compel the Court of Appeals for Veterans Claims (CAVC) and the DVA to follow the law mandating care for veterans, and a veteran’s freedom depends on it.

The United States Court of Appeals for the Federal Circuit ruled in the Military Order case decided on September 10 that the Bush-led DVA illegally created rules, called "Fast Letters," that sought to reverse and decrease large-scale benefits granted to veterans is a violation of the Administrative Procedures Act. 

Reads the Court’s opinion:

     

It is apparent that the (DVA) procedural change that is here challenged affects the veteran’s substantive as well as procedural rights, and is ‘a change in existing law or policy which affects individual rights and obligations.’ … It is apparent that the procedure set forth in the Fast Letters does not comport with the governing Regulations, particularly 38 C.F.R. §3.103(c), and was not implemented in compliance with the requirements of the Administrative Procedure Act. Applying the criteria of 5 U.S.C. §706(A), the new procedure is not in accordance with ‘law, rule, or regulation,’ and is invalid.

This means the rights of veterans have been violated by our government in a scheme to deny veterans deserved benefits.

The Purple Heart case is being presented in the Roberts v. Shinseki (CAVC 05-2425) case as a significant and controlling precedent mandating that the DVA act in accordance with the principle that regulations and laws are mandatory and advisable.

The honorably discharged U.S. Navy Airman Keith Roberts (1968–71) is an innocent man indicted and convicted by the Bush U.S. Dept of Justice with the collusion of the DVA on trumped-up charges of wire fraud in 2004-2005.
Roberts sits in a federal prison for being a thorn in the side of the Milwaukee Regional VA’s regional office and the Illinois-based regional VA Inspector General’s office for insisting on his rights as a veteran to his benefits in less-than-diplomatic tones and language as he was “tenaciously pursuing a claim for benefits” — actions that led top VA officials to illegally orchestrate an indictment against him as his claim was and is still being adjudicated.
The VA broke numerous regulations in its vendetta against Roberts, 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.
See also:
– 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 …

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