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First Class Petty Officer
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Lemuel last won the day on August 10 2018

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About Lemuel

  • Rank
    E-5 Petty Officer 2nd Class

Profile Information

  • Military Rank
    E-6 Hospital Corpsman 1rst Class
  • Location
    Disabled at home
  • Interests
    Organic Brain Syndrome activist since 1987

Previous Fields

  • Service Connected Disability
  • Branch of Service
  • Hobby
    Activist for Organic Brain Syndromes

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735 profile views
  1. An open response box! Leroy, there are recent CAFC precedence opinions that put you in good light for going for even CUE under your circumstances connected to diabetes. The adjudicator only looked at the one exam to make the decision. The CAVC or BVA shouldn't side with the adjudicator given the recent decisions. I'll look through my file and come back and attach the decisions on an edit if I can get the box back open. Didn't fin the one I was looking for but these may help with your decision of which way to go. 17-2120.Opinion.3-13-2019 relevant med records.pdf 18-1344.Opinion.3-13-2019 relevant diagnosis.pdf 18-1484.Opinion.2-14-2019.pdf
  2. How to get rid of the "download banner" overlaying the "Answer Box". Sign out and resign in. Problem solved. For those who want more to understand immunoexcitotoxicity use this link. Long difficult read from NIH: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3157093/
  3. Now I have a dialog box that isn't covered by an upload banner. Thanks Bronco. I did try a phd but not a neurobehavioral psychologist and couldn't get one to do it because they weren't qualified or were prevented by VA Regulations from doing anything that would smell like an "expert witness. But your post brought to mind a solution. Now that I can afford it I can look for an "expert witness" to provide me with an affidavit to present to the court in my TBI/medical malpractice case to show VA intent. Tried to contact Nils R. Varney, who is no longer connected to the VA but didn't get a response. Might have to travel to his office in Iowa. I know, from his testimony, that he would tear it apart. Might try that next month when the snow flies go into hibernation.
  4. Psychological_Testing_of_Cerebral_Malaria_Patients.4.pdf
  5. I'll edit the last and this as soon as I have time to put them in more readable form. This was in columns and the columns didn't follow properly. And the font of column 1 is different than column 2. The link above will only get the summary without paying $35.00 for the article. The attached is the article quoted by DR. Boos in the above post with testimony at the House Subcommittee on VA Benefits in 1998. There is an article by DR. Blocker on that "20th patient" meaning dropping him from the study required dropping one more from the other group from the study. Suspect he was actually in the B group until he went into late delirium. Like the delayed unconsciousness from a concussion. This should be enough to help anyone who wants to wade through it and come out screaming. I'm deleting the cut and paste and attaching the article. Should be easier to read. Psychological_Testing_of_Cerebral_Malaria_Patients.4.pdf
  6. Thanks Bronco. There are better writers on this board than I am. Maybe someone would like to go through what I'm pasting here and edit. They can even have all copyright rights. I wrote this when my mind was working better. After I submitted this the "Journal" reposted with the test results. Still didn't compare to the patients induction scores. And tests are suspect because the study is written in a way to fail peer review but get the writers out of Vietnam and out from under reprisal threats for not coming up with a predetermined outcome. The "Study" will be my next post here. Copy paste didn't work so I'm attaching the two articles to this post and deleting the rest in this edit. Notice how the "Brain that Misplaced its Body" and the testimony except for Dr. Boos, tie into immunoexitotoxity. PEER REVIEW KASTL, ETAL.pdf
  7. Bronco, thanks. There is a lot more. I did an edit to make the question clearer. Font was too small and overlooked. The rest of the question had been copied and pasted with a larger font. I'm asking how to post an article and for help to flesh it out. Actually I need a ghost writer who can organize more than 5 pages in an organized manner. Not surprised you didn't catch the question. That is why I need a ghost writer because of my TBI symptoms, to do a book. For seizures: The Veteran I tried to get SC for seizure residuals of cerebral malaria had a grand mall seizure within the year. It wasn't documented other than observance by the family. The paramedics arrived but didn't transport. Told the vet to go to the doctor the next day. No money and no insurance caused no documentation. The Vet didn't discover his access to the VA until an employer referred him a couple of years later. The dispatch recorded the dispatch to the address but there was no medical report. The VA didn't accept that to connect his seizures. Eventually, after a 9 year fight, he was granted 100% PTSD. The VA steered away from SC any of his mental health condition to p. falciparum malaria (cerebral malaria). Obviously not wanting to create a category of disability source. In 1998, at the Sub Committee on Veterans Benefits, the VA Chief of Neurology, a DR Boos, referenced a bogus study that was done on 20 vets in Vietnam immediately subsequent to having p. falciparum malaria. I say bogus because, although the study passed peer review and was published, it broke the cardinal rule of not having a valid control group. It compared two groups of ten veterans with p. falciparum malaria. The report only recorded 18, 9 in each group, after one didn't recover and was sent home with a "pre-existing" mental health condition. The only way you can know there were originally 10 in each group is by the separate report is to catch the separate report on the 20th victim by one of the other participants Kastl, etal group study. I could post an article I wrote but couldn't get published about the Kastl, etal study also. Many vets with lower but acceptable induction scores need a lot of help. Henry wasn't that bad from his MOS until after the episode of malaria. Anosognosia resulting from that and self medication with ETOH led to alcoholism and an aggravation of the seizures which was never SC even as secondary to the PTSD induced alcoholism. No precedence in his case because we couldn't get into a court. And within days of opening the CAVC the DRO granted him 100% PTSD. A lock out of what should have been assistance to many. What is the VA's resistance to SC seizures? And, for example, my PTSD symptoms showed up but were not documented within a year as are most unless you count family or friends observance of your excessive drinking after you returned. VA tends to ignore such claims. And the TBI symptoms were only documented as adverse performance marks. (not extremely bad but noting an effort was being made to not mark me down because of a recent 30 day hospitalization.) The PTSD symptoms can take years to show. A WWII veteran in the mid 1980s woke up from a nightmare of hand to hand combat and discovered he had strangled his wife in bed next to him. The first TBI/PTSD symptoms may have to be documented in police records. Arrest for DUI or DAD or other substance abuse. To get a full article we need to flesh this out a lot. There is a lot in my 36 years of dealing with the VA to put in a book. A ghost writer or additional author/ghost writer could put a lot together.
  8. I'd talk to an attorney about your options. You might be able to sell your game and take a one year cut unless you have to keep updating your game with continued earnings. If you sell and then keep the royalty, I think you then become a flash in the pan worker and return to being an investor. Check it out. Bronco has everything on target. Get a finding from the VA GC before you actually move.
  9. How do I submit an article? Or get someone else to help research and flesh it out? Basic start: Berta, Bronco, and other primaries, if you are listening, get your crew to contact NIH and help do an article on this. (immunoexcitotoxicity) The primary source or beginning is a concussion, even mild ones. Could be from a fall as a toddler or at any time in your life. So, PTSD is simply a symptom of a Post-Concussion Syndrome. Started harping on the organicity of PTSD in 1987 along with the writing off simple PCS as adjustment disorders. Did a fast on the Mall in DC in 1995. Was visited by a group of neurologists led by an NIU neurologist, during the American Neurology Convention, who said NIH would look into it. If the military didn't pick up anything in those induction scores or if they accepted you for duty and subsequently, because of military exposure your condition is aggravated to the point of interfering with daily life including employability, the VA owes you compensation. That is the reason Yale has won the Discharge Review Case and is on the verge of winning a class action case on claims more than a year old. Between 1995 and 1998 the number of PCS studies in the NIH Library more than quadrupled. She, (the NIH neurologist) was good to her word. Must have said something at the convention to get it started. But look at the inertia of getting something done. 2008 an article in a newspaper cause Congress to finally recognize and compensate PCS calling it TBI. But PCS also happens in just exposure to a blast. Repeated outgoing heavy artillery brought a lot of vets into the PTSD groups I attended between 1984 and 1995. PTSD was the only peg they could hang their hat on. Even mild, moderate and severe TBI had found themselves in the "Adjustment Disorder" diagnosis and couldn't find any peg to hang a compensation claim on other than PTSD between 1980 and 2008. Before that they just had to accept adjustment disorder. There is no difference between being close to an improvised explosive and an incoming RPG (simply rockets in Vietnam) But the VA appears to be on the bend of recognizing only improvised explosives, not incoming heavy artillery or continuous exposure to outgoing from your enclosed turret on a ship or camouflaged field howitzer. Well, yes, PCS causes an adjustment disorder. But as long as you are treating it as a behavioral problem instead of an adjustment to an organic problem (immunoexcitotoxicity) the necessary adjustments won't be made to even have a semblance of a normal life. And an organic treatment has no chance of being appropriately directed. It is easy for physicians to see that diabetes is an organic problem that will never cure. It can only be maintained and controlled through continuing care. But they cannot recognize that with PCS or even that it is PCS they are dealing with. Cerebral malaria also brings on immunoexcitotoxicity with the exact same problems of PCS. But those victims from WWII, Korea, Vietnam, Somalia and the current wars are still "adjustment disorders" or hanging their hats on PTSD. The present pressure of having therapists put an "end date" on therapy simply doesn't recognize the problem. Some epileptic drugs help. But you won't be given them unless you get an EEG that shows something. For me the 2015 Rx for Keppra was life changing. At 74 I became more employable than I was at 34. All of my friends and family noticed a huge difference. And the VA doesn't want to confirm temporal lobe seizures (the center, I believe, for immunoexcitotoxicity) because it is a situation like diabetes, requiring continuing care and, often, ultimately compensation because of progression.
  10. Does anyone need help getting civilian medical bills paid that the VA should have paid. VA is in arrears on Choice payments. I am filing claim with the U S Federal Claims Court. If anyone else has been affected by this whether they had to pay the bill or any other adverse action including being billed directly for the care, please contact me at “lembray@gmail.com”. I’ll pay the filing fee and include you the filing as a claimant. We’ll get it in form by emailing it back and forth. Courts require that any identifying things other than your name and address and the name and address of the provider be redacted. What is happening is the House passed the budget including Choice and ED benefits but did not fund these items with “appropriations.” So the non payments by the VA is a coverup for the politicians and that tax bill that is putting our decedents in debt more than they can ever hope to catch up. Anyone with a claim for Medical Care that the VA has attempted to avoid payment should contact me if they are service connected for the condition or have a combined rating of over 50%. I’m filing the claim or claims under Section (4) of the 14th Amendment which guarantees debts authorized by law. My contention is that if I sent my brother to pay my mortgage and he stopped at a casino losing the payment I would still be obligated. I would also be obligated if my employer refused to pay my health insurance. The VA cannot shift the guarantee of health care to anyone else through an unconstitutional contract such as trying to get us to file against their contractor. If it is healthcare for which the VA is obligated to pay by law whether an appropriation has been made or not, just as our disability compensation is an entitlement that doesn’t fall under the “appropriation” jurisdiction of the House, so is our medical care if provided for by law. Anyone with this problem, email me at “lembray@gmail.com” by the 5th of January. I’ll analyze your situation and include it if I can. I'm not an attorney, so I can't represent you. You can join me in Pro SE (as an individual without an attorney). You'll have to sign all documents and if we lose and costs are awarded to the government (very low risk) I'll take care of it because I have instigated these claims. I just want to show I'm not an isolated incidence. I filed a petition to the CAFC (Court of Appeals for the Federal Circuit) but they returned it for filing at the U S Court for Federal Claims. Documents attached except for my back up billings and claims to VARO. I had to call the clerk to find out I didn't have an appeal yet because it hadn't gone through the Court of Federal Claims. The other issues I was petitioning for review are in other courts so not ready for review until a decision by those courts is made. I want to file by January 5th. If you join after that date you'll either have to file in forma paupers or pay your own $400 filing fee which should be included in your claim. 20181109 Pet to rev Choice.pdf 20181116 Clerk letter.pdf
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