Defense Base Act Compensation Blog

The Modern Day DBA Casualty

Eysselinck vs Ronco Consulting: PTSD Injustice prevails

Posted by defensebaseactcomp on August 18, 2010

Eysselinck vs. Ronco Consulting/CNA at the DBA X Files

Texas Court Rules Iraq not Life Threatening

Eysslinck  Fifth Circuit Court Appeal  August 16, 2010

Guest Post by Marcie Hascall Clark

This case was apparently lost based on the opinion of an elderly retired psychiatrist paid for by CNA, the testimony of two Ronco Employee’s, Mike Hartling and Brandt Marshall (how’d that work out for you Brandt ?), who were coached on what to say before their depositions and told the same lies we were all told after his death, and a failure on the part of the claimants original counsel to properly represent the claim.  The Judge would not consider the testimony of Will Haynes as he found it to be unbelievable.  So who is believing you now Will ?

Tim Eysselinck worked for the same company as my husband, had the same job title, only he was deployed to Iraq following my husbands  repatriation via  Landstuhl and Walter Reed.   Certainly the job was dangerous as that is how my husband was so critically injured  ???

Iraq was extremely dangerous before Tim arrived.  Just Iraq, just being there.

In the weeks and days leading up to my husbands injuries  in July of 2003 he was shot at by the US Army, rescued by the Marines, woke up to bullet holes in his tents and vehicles,  and traveled roads where soldiers had been abducted and killed.  The only reason they were working the day he was injured is that he was told to work anyway  It was more important for them to work without security than to have it appear that the mission may not have been accomplished.

The world,  except possibly Judge Clement Kennington,  et al,  watched the safety and security in Iraq deteriorate before their eyes on television over the next six months that Tim worked there.   The Unclassified Safety and Security Reports available even before the Wiki Leaks spoke to the daily life threatening security situations.

In January of 2004, just a few months before Tim’s death,  he attended a conference  in Florida with fellow Ronco employees.  Some of these Ronco employees came to our home  following this conference to spend time with my husband who was still recovering.  While here they were discussing how odd Tim was acting and how he over reacted  to some of the conference topics was absurd.  I was later told by others who were in country with Tim that he was behaving strangely while still in Iraq.

Had there been any screening or concerns for mental health, or awareness of PTSD back then Tim’s behavior might have been recognized as  symptomatic of the life threatening condition that it turned out to be.  And today I doubt that anyone involved in this case from Kennington, to the three judges that just shot this appeal down, doubt that Tim was suffering from a mental condition brought on by his time in Iraq.

Once I learned that his widow had filed for death benefits based on PTSD I thought that this information might be important to her claim.  I emailed her attorney that I thought I had information important to her claim and would like to talk with him but he failed to respond.  I thought maybe I was too late but I was not.  I still have the email.

So while Judge Kennington, the BRB’s, and the Fifth Circuit in Texas found that working in Iraq for the last half of 2003 was not life threatening and that Tim Eysselinck’s widow and children do not deserve DBA death benefits because her first attorney did not file a claim based on Depression, which is a symptom of PTSD, rather than PTSD, they did choose to highlight the fact that he had two glasses of wine with dinner that evening.

Watch out for that second glass of wine guys it may just cause you to have an uncontrollable urge to put a gun to your head and pull the trigger.

Maybe they should put a warning on the bottles.

I hope that everyone realizes by now that if this claim were allowed to be started over again with all the available facts, the lies allowed to be fully countered, that Tim’s widow and his children would be receiving the benefits that Congress intended and the taxpayer paid for them to have.

We’d still recommend staying away from the Covington Cabal and the Fifth Circuit at all cost.  Move if you have to.  Certainly never allow your attorney to move your claim there because he lives there.  Your choice of attorney is extremely important as well.   If you lose your claim due to a lack of evidence you will never be allowed to present it.

Even if the whole world recognizes it as fact.

Thank you Birgit Eysselinck for your years of fighting this wretched biased system for all of us, for not accepting  pay offs from CNA to shut you up.

I apologize to you for the way my country has treated you, your children, and your husbands good name.

And that after his many years of service.  We should all be ashamed.

7 Responses to “Eysselinck vs Ronco Consulting: PTSD Injustice prevails”

  1. anonymousonpurpose said

    THIS MAKES ME SICK!!!!!!!!!!!!!!!!

    IRAQ WAS NOT DANGEROUS???111

    ONLY IN THE MIND OF A PAID OFF ALJ…HE HAS TO BE WORKING FOR THE INSURANCE COMPANIES, DOESN’T HE?

    F$CKING SCUMBAG INSURANCE PROSTITUTE….

    (K) needs to be taken off the planet by Karma……

  2. dante said

    Tim’s post-mortem showed NO alcohol or drugs in his system at the time of death.
    It was obtained BEFORE the police file on Tim Eysselinck disappeared, only to have one handwritten report from it surface six months later in a report from CNA psychiatrist Brodsky. A legal search turned up he only ever testified for insurance companies.
    The fact that his widow testified that he had consumed two glasses at the most over the course of an entire evening means that he was well within the legal driving limit. Fit to drive, unfit to “decide” whether to live or die. How laughable, you clowns in your crooked black robes. Spending seven months in Saddam’s ammo dumps just two months prior had nothing to do with this according to you, it was not even life-threatening. And pigs will fly.
    They must really think anyone who grew up in Africa is inevitably a moron, and deserves to be shafted.
    Judge Kennington knew or should have known this irrefutable medical fact in the evidence, but then again he never bothered to read something as basic as the DSM-4 to realize that the onset of PTSD symptoms is not immediate, which is why they called it POST traumatic. You try and find me more than one case he has decided in favor of a civilian contractor. Indeed, last year even the Benefit Review Board, usually the rubberstamp of ALJ’s found his reasoning to be “disingenuous” in the case of KS v SEI when he was trying to limit the average weekly wage. In classic Orwellian doublethink, they used the argument that Iraq was dangerous while simultaneously upholding that it was not dangerous in Tim’s case. Because of “national security”, trying to cover up what he did undercover for his country when the whole world already knows.

    All you are doing is dishonoring his memory. Stop it. Come clean. I don’t want and never wanted your lousy 4000 dollars a month and you know it. He earned well over 10,000 when he died and was at the top of his profession, task leader for your most important mission. You can never make it up to me financially but I implore you to clear his name from your orchestrated smear campaign and tell the truth. For the last time.

    Thank you Marcie, Jana, T Miller, Dahr Jamail, Doris, Ann, Jo, Reid, Seth, Ira, Ana and all my other American friends on this journey from hell for all you unflinching support over the years. But sometimes the journey ends and its time to go home, a place where at least sanity still rules.

    • dannysgirl said

      Ma’am, I am so sorry for your loss. I am even more sorry for the treatment of your husband and your family from the greed in the system. God bless you all.

  3. dante said

    You clowns decreed Tim was not exposed to danger, when in fact he was serving you in ways he could not even tell his wife about.
    She has nothing but contempt left after what you did to his memory:

    Who are RONCO?

    Founded in 1974 by Ronald Boyd and Stephen Edelmann, who “wanted to do
    something profitable and humanitarian” (Joyce 2002, p. E5), RONCO Consulting Corporation has come to epitomize the recent trend toward “the blurring and convergence…of development and security” operations (Duffield 2001, pp. 15-17, 22- 2). Based in Berkeley, California and Washington DC, it specializes in post-conflict
    reconstruction services (D&B 2005b), especially demining, and has a very close elationship to the US government.
    RONCO’s experience in Bosnia was not their first time to interact with the shady world of conflict. RONCO made its reputation, becoming an early innovator of humanitarian demining,1 as a contractor for the US Agency for International Development (USAID) Cross-Border Humanitarian Assistance Program (CBHA). This program, run from 1985 to 1994, smuggled aid from Pakistan into “liberated [mujahideen controlled] regions” of Afghanistan (USAID 1988, p. 7; USAID 1989a, p. 3-4). While
    the US insisted that this “discreet but not secret” program was separate from the CIA’s
    covert support to the mujahideen’s (‘holy warriors’) rebellion against the communist
    regime (Pertman 1989, p. 1), internal USAID documents stated explicitly that “US
    foreign policy objectives play a decisive role in implementation decisions” (USAID
    1988, p. 7-8; Lake 1990 p. 54).
    1 Humanitarian demining is landmine clearance for civilian purposes. It necessarily has a higher quality
    benchmark than military minefield breaching which is often done at high speed in the context of battle.
    Larry Crandall, the head of USAID’s CBHA, later joined RONCO as vice-president
    for international programs while it was in Bosnia (Politi 2003; US Institute for Peace
    2004). He had started his USAID career in Vietnam, with a joint military, CIA, and
    USAID counterinsurgency effort, working “intimately” with CIA Phoenix Program
    operatives2 and supervising an “interrogation center” (Crile 2004, p. 366, 368).
    Crandall’s leadership of the Afghan CBHA reflected this Vietnam model, which had
    blended both “security and development problems” in one program (Hunt 1995, p. 269;
    cf. Baitenmann 1990). The aboveground USAID CBHA was seamlessly coordinated
    with the underground CIA operation and was designed for a single purpose – to help the
    mujahideen beat the Communists (Crile 2004, p. 368; cf. D’Angelo et al. 1989, p. 13;
    Wilson 1989, pp. 200-205; Lake 1990, p. 54).
    From 1989, RONCO’s $31 million contract was to operate the procurement and
    logistical pipeline for the whole CBHA (RONCO 1994 & 1998; cf. USAID 1989b, p. 4 &
    1994, pp. 4-6). Smuggling supplies from Pakistan over the mountains to Afghanistan
    was a complex logistical problem, so RONCO and its predecessor flew 1850 mules into
    Pakistan, and distributed them to the mujahideen (RONCO 1990, rcr12-3; USAID 1989a,
    p. 8; Pertman 1989, p. 1; Hayter 2003). RONCO also ran an Animal Holding Facility in
    Peshawar, Pakistan to train the mules and “teach the Afghans to load, handle, and care for
    the animals” (USAID 1989a, p. 8; USAID 1989b, p. 4; Edelmann in Buse 2000; Hayter
    2003). The mules, as well as RONCO’s road construction equipment procurement and
    bridge building technical assistance, were officially for humanitarian purposes.
    2 The Phoenix Program, a highly controversial covert operation run from 1968 to 1972 by the CIA and
    South Vietnamese police, gathered intelligence on Vietcong operatives and ‘neutralized’ them through
    assassination or detention. Torture of detainees was widespread and approximately 26,400 alleged Viet
    Cong were killed, 33,000 imprisoned. (Valentine 1990; Hunt 1995, pp. 234-251; McNab & West 2000, pp.
    153, 203. Dunnavent 2000, p. 329).
    However, they also were enormously important in facilitating the movement of arms
    (Lohbeck 1993, pp. 92-93; RONCO 1994, pp. 3-4; Crile 2004, p. 369; Coll 2004, p. 218).
    Though structurally separate from the CIA, the CBHA also functioned as
    surveillance. USAID and its contractors were the only US citizens in constant direct
    contact with the mujahideen (Crile 2004, p. 373). Local RONCO monitors traveled into
    Afghanistan with humanitarian conveys and were described as the “eyes and ears of
    USAID” (RONCO 1990, p. 15 & 1994, p. 16). Reports from USAID contractors like
    RONCO soon became “an invaluable new and reliable source of information” for the US
    government and Crandall was even invited “sit in on the CIA’s war sessions” (Crile
    2004, p. 371).3 Said Lohbeck, the USAID and CIA programs “frequently became so
    intertwined that it was difficult to separate them (1993, p. 92).
    RONCO’s local counterparts in the CBHA display how, prior to Bosnia, it had
    experience working with local organizations deeply implicated in conflict. Much of its
    procured assistance was distributed directly to resistance factions – a disproportionate
    amount going to the fundamentalist Jamiat-e-Islami run by Burhanuddin Rabbani and the
    Hezb-e-Islami, which received “the lion’s share” – over $600 million – of CIA assistance
    (Lamb 1989, p. 2; Bergen 2002, p. 71), headed by Gulbuddin Hekmatyar (USAID 1989c,
    Tab J). The Hezb-e-Islami also controlled the Afghan Construction and Logistics Unit
    (ACLU), an Afghan agency created by USAID to deliver RONCO procured commodities
    to the resistance and maintain transportation infrastructure (USAID 1989c, Tab H; ACLU
    2002; McCarthy 2002). The transportation division, which ran convoys into Afghanistan
    3 Geheim, a German far leftist magazine, claimed in 1997 that Crandall was a CIA agent (Geheim 1997).
    However, Geheim’s English edition, Top Secret, also said the HIV virus was developed in Pentagon
    laboratories, so it is not exactly a reliable source (Top Secret 1990). Crile (2004, p. 371) also speculates
    Crandall “might actually be a CIA man.”
    accompanied by RONCO monitors (USAID 1989c, Tab Z), was so thoroughly infiltrated
    by the party that USAID had to disband it in 1991 (USAID 1994, p. 6).
    Hezb-e-Islami’s leader Hekmatyar was “a cold, ruthless, effective leader,” Gulbuddin
    (Coll 2004, p.114, 119). A convicted murderer before the war (Jamali 2005, p. 9), he was
    an extreme Islamist, “throwing acid in the faces of Afghan women who failed to cover
    themselves properly” (Crile 2004, p. 222). Despite his brutality and anti-Americanism,
    the CIA, encouraged by Pakistani intelligence, “embraced Hekmatyar” after concluding,
    “he was the most efficient at killing Soviets” (Coll 2004, p. 120).
    This was the context that US support for ‘humanitarian demining,’ and RONCO’s
    involvement in it, first began. The Soviets and Afghan Communists had heavily mined
    the Afghan-Pakistan border to stem the flow of supplies. Bulky military demining
    machines were inappropriate, as they were difficult to transport through the mountains,
    and attracted enemy attention. Dr. John Ottenburg, manager and veterinarian of
    RONCO’s Animal Holding Facility and a former US Army colonel, had earlier been
    involved in a joint US and Royal Thai Army program using dogs to demine along the
    Cambodian border and suggested USAID use such dogs in Afghanistan. (RONCO 1998;
    Edelmann in Buse 2000; Hayter 2003). In what RONCO’s president later called “a covert
    operation” (Edelmann in Buse 2000), RONCO flew dogs and their Thai Army handlers to
    Pakistan. RONCO trained Afghan handlers at its Animal Holding Facility and deployed
    them in early 1989. USAID was impressed, and later that year RONCO, with a Texan
    dog training company, set up the Afghanistan Mine Detection Dog Center. It is now the
    biggest mine detection dog NGO in the world. (RONCO n.d., 1994, 1998 & 2003;
    USAID 1989c, Tab P; Oakley 1989; Edelmann in Buse 2000; Gregory 2003; Hayter
    2003). RONCO’s Afghan demining program undoubtedly had a substantial humanitarian
    impact. However arms convoys also benefited considerably.
    After pulling out of Afghanistan in 1994 RONCO seems to have specialized in
    running programs treading the fine line between US politico-security functions and
    developmental objectives. A Human Rights Watch investigator alleged their Rwandan
    demining program was a cover to supply military assistance to the Rwandan Patriotic
    Front in 1994, in violation of a UN arms embargo (Silverstein 1997; Spearin 2001, p. 22;
    UK Foreign and Commonwealth Office 2002, p. 36; Singer 2003, p. 223). In Serbia,
    RONCO played an important role in surreptitiously providing USAID supplies to the
    democratic opposition to Milosevic (Dobbs 2000, p. A01).
    During Operation Enduring Freedom in 2001, RONCO returned to Afghanistan,
    demining US and Afghan military bases and clearing up unexploded munitions (RONCO
    2003; Lundberg 2005). It has recently found a burgeoning market for its services in Iraq.
    (Lundberg 2005). In addition to demining, RONCO developed a plan to restructure the
    Iraqi Army in 2003 (Gordon 2004). RONCO’s current work in Afghanistan and Iraq
    appears to have further militarized their approach, reflecting a general trend in the
    industry (Spearin 2001). Their employees in Iraq carry arms (Hundley 2004) and in
    January 2004 RONCO merged with Cochise Consultancy, a private security firm headed
    by the former Gulf War Special Operations Commander (D&B 2005a).
    In short, RONCO is a company specializing in US government projects teetering on
    the line between humanitarian and politico-security operations. They are a part of a
    wider market, including companies like ArmorGroup, Mine Tech, Royal Ordnance,
    Specialist Gurkha Services and Saracen International, which has seen growing
    consolidation of commercial demining and private security/military contracting (Spearin
    2001; Singer 2003, p. 85). These companies mirror the trend toward the privatization of
    state security functions that allow the US and other countries to “run sensitive overseas
    operations…obscured by the routine or even ‘humanitarian’ nature of the duties for
    which the firms are contracted” (Silverstein 1997; cf. Duffield 2001, p. 45).

  4. widow in california said

    Tim’s widow is the founding “mother” of our fight. She is the one who has paved this rough road in our particular circumstances. There are many out there that have done the same thing. Fighting to the brink of insanity for our just cause. She is a Crusader and I admire her courage and respect her greatly. She teaches us bravery, and not to let those that are corrupt by greed win without a fight. I NEVER envisioned my life without my husband. Married 17 years, looking forward to 50 more. Gone, only a beautiful memory of what could have been, what should have been. They say the pain will slowly ease off. It’s been 4 years and the hollow feeling is still there. That catch in your throat, the tears that want to errupt at any moment, all there. God Bless everyone that has had to suffer senslessly. No one deserves the added pain they enjoy addings to our already torn lives. Know this; You are not alone and a lot of people are praying for you.

  5. […] Posts WARNING: TO ALL CIVILIAN CONTRACTORS ON FACEBOOK Mark Fitzpatrick Dies in Afghan BlastEysselinck vs Ronco Consulting: PTSD Injustice prevailsLeishmaniasis: Fun FactsWar Contractors Receive Defense of Freedom Medal for Injuries, But Attract […]

  6. […] Eyesslinck VS Ronco Consulting:  Injustice Prevails […]

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