via mal contends -
Madison, Wisconsin - Keith Roberts awaits the decision of his appeal before a three-judge panel of the Court of Appeals for the Seventh Circuit as he sits in a federal prison in Minnesota because the United States government said he did not tell the truth about his service in the Navy.

Veterans are assumed under the Veterans Judicial Review Act of 1989 to be (as they often are) in an diminished capacity to tell the full truth of the circumstances they encountered that contributed to their suffering Post Traumatic Stress Disorder (PTSD).

The many stressors that would lead to the granting of disability benefit payments need to be rigorously documented to the U.S. Dept of Veterans Affairs' (VA) satisfaction, thus the VA claims process propagated under administrative rules is non-adversarial and paternalistic for the veterans.

Access oral arguments. [ Check back for more updates as I hear from observers.]

Via MAL Contends - Update VI: Walsh attacked the “lack of intent” by Roberts. Intent is needed to prove fraud.

Walsh also pointed out that Roberts was diagnosed by numerous medical professionals with PTSD.

Walsh attacked the prosecution’s relying on the statements of the veterans when VA procedure stresses documentation and not personal recollection as the dispositive factor in deciding cases.

The VA needs a medical diagnosis and verifiable stressor and not a recollection, and a recollection is virtually irrelevant in the VA's deciding PTSD cases.

Thus personal recollection, often imperfect, ought not cause a veteran to be accused of fraud, asserted Walsh.