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ROBERTS v. SHINSEKI

No. 2010-7104.

647 F.3d 1334 (2011)

Keith A. ROBERTS, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

June 1, 2011.

Attorney(s) appearing for the Case

Robert P. Walsh , of Battle Creek, Michigan, argued for claimant-appellant.

Scott D. Austin , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, and Martin F. Hockey, Jr. , Assistant Director. Of counsel on the brief were Michael J. Timinski , Deputy Assistant General Counsel, and Martie Adelman , Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before GAJARSA, PROST, and O'MALLEY, Circuit Judges.

O'MALLEY, Circuit Judge.

This appeal involves the severance of a veteran's service-connected benefits based on a finding of fraud. Specifically, a Department of Veterans' Affairs ("VA") regional office ("RO") severed veteran Keith A. Roberts's benefits for post-traumatic stress disorder ("PTSD") after an investigation revealed that Roberts provided fraudulent statements in connection with his claim. Those fraudulent statements related to the sole in-service stressor...

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