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Memo of Law

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MEMORANDUM

TO:
FROM:
RE: Keith Roberts case- PTSD and Fraudulent Disability Claims
DATE:

Question Presented

Is eyewitness testimony able to provide evidence beyond a reasonable doubt of intent to defraud the Government through a diagnosis of Post Traumatic Stress Disorder (PTSD) even though essentially it is one mans word against another’s?

Short Answer

Yes. Evidence from the accident report of the incident in question and interviews with the people recorded to be present in the accident report show that the defendant made false claims to receive compensation benefits.

Statement of Facts

In February 1994, Mr. Keith Roberts filed his first request for compensation benefits resultant of a diagnosis of Post Traumatic Stress Disorder (PTSD), which stemmed from an incident that occurred while he served on active duty status. In order to qualify for compensation benefits as a disabled veteran three things must be provided and they are listed as follows: 1. Official Diagnosis of PTSD 2. Credible evidence that sufficiently traumatic event occurred during active military service (in service stressor) 3. Evidence that the in service stressor caused the PTSD. See 38 C.F.R § 3.304(f).
Mr. Roberts failed to provide all three documents in a timely manner, so the VA denied his claim. He failed to submit evidence of being diagnosed with PTSD and also to identify his in service stressor. In December 1994 he resubmitted the claim with a detailed account of being significantly involved in the rescue of Airman Holland whom died from an accident. Mr. Roberts claimed to be his “very good friend” R.58 at 27. This documentation was accompanied by three pages of the accident report and Airman Holland’s death certificate. Through this information he was granted 50% compensation benefits. He disagreed with the determination of 50% as the…...

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