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

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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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  1. 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
  2. Just realized I copied the CAFC Petition to Review to the BCNR. That could be all it is. It could have been accepted as a DD Form 149. I'm getting older and more confused every day.
  3. Bronco, I haven't had a VSO rep since a 2003 screw up. The attorney that got me through the BVA Decision for a slam dunk TDIU from 2009 when I was rated at 70%, none the less an 8 year process with refusal to provide the attorney with copies of the C&P file from the time she signed on until 6 months before my BVA hearing. I did find the "reconsideration of my tort filing" was an erroneous sending of a claim for reimbursement of a payment for Choice therapy because Health Net didn't pay the bill and 52 Sessions were authorized by VA Cheyenne. The provider finally quit seeing me when they could only get random payments for 8 visits out of 25. That one is no longer a mystery and was solved with a phone call. The BCNR DD Form 149 remains a mystery. Couldn't find a phone number so faxed a FOIA request for the filing documents explaining that I hadn't filed them. This is probably the VA DOJ attorney doing what the VA was required to do years ago. I had previously filed a DD Form 149 in the 1990s and again in 2011. Both were denied and I appealed the denials under a CUE claim to the Tenth Circuit which denied for lack of jurisdiction. Then I file to the CAFC but that appeal was returned to me saying it should go to the U S Court for Federal Claims. I was just about to cut a check for $400 and file but received this letter. I presume the attorney served filed the DD Form 149 as required when the VA discovers it is appropriate. But I'm not sure if it is something to do with my diagnosis of PTSD or the TBI, including my Tort claim which is at the Tenth Circuit in Appeal preventing me from being able to file to the U S Court for Federal Claims. I long ago decided against representation by a VSO. Had one good VSO rep while in DC who was a DAV officer. The rest were medically incompetent. One was passible after my 1990 BVA hearing and Decision in medical knowledge but didn't represent me well. The DAV attorney that handled my DC hearing at the BVA was not prepared at all and did not go over my part time employer's statement with the BVA. Also he didn't make sure the 1987 TDIU claim had been developed. The 2017 BVA Judge discovered that and remanded for development. So I caught a good Judge. My attorney at the time, I realize was in it for the quick bucks on the presumptive TDIU claim after I received the combined rating of 70%. She talked me out of continuing "because her office was too busy and my case was requiring too much time." I should have held her nose to the grindstone and objected but didn't. I'm much better after finally getting my temporal lobe seizures medicated in 2015 so I'm able to do much more Pro Se than before. I'd still like to have an attorney take over because I have trouble organizing any writing over 6 mages because of short term memory problems. Can't remember that something was said 4 pages earlier so have to have it read by someone who can point it out to me and then do the rewrite. Sometimes I'm unable to find a reader so have to send as is which is probably confusing to the clerks and judges.
  4. Another Gomer Pyle letter. Don't know what is going on but the VA GC is reconsidering my Tort Claim??? See attached letter. The date of the reconsideration they are referring to is the date I sent a petition to review to the CAFC which was returned with the filing fee check stating I should file at the U S Court of Federal Claims. U S Court of Federal Claims Rules won't accept claims currently active in other courts. Since I still have an open appeal of the DCWD Decision to deny my complaint with prejudice, I couldn't file anything but the claim for failure to pay my VA Choice treatment bill leaving me to pay the bill or suffer consequences of a diminished FICO score. Someone is filing on my behalf and I don't know who it is? 20181128 VA GC ltr reconsider tort.pdf
  5. I'm trying to keep up the pressure with the RBA dispute and a denial of due process "opening brief" that I'm filing in response to the Clerk's last order. I filed a notice of appeal to the CAFC but the clerk responded to my follow up call on why the CAFC hadn't received the challenge to the Clerk's Order, the Clerk said, "because it hasn't been decided by this court." ??? I have an order that I have to respond to or risk closing of my appeal. Today, I feel like Gomer Pyle; S U R PRISE, S U R PRISE! I received the attached acknowledgement of a DD 149 Dated November 27, 2018 received by the Board for Correction of Naval Records. Since I didn't file it, I have to presume the VA finally acted upon its responsibility to help Veterans with boards for correction of records. Have to call and get a copy of the filing. May want to supplement it. 20181127 BCNR ack DD 149.pdf
  6. 1942? You are older than dirt. I was borne in 1941. I received the claims file. It also has all of my Navy Personnel Record and Health Record. Problem is 5 months missing seizure clinic OPTR and about 8 month missing back clinic OPTR both of which are noted to exist in IPTR records after the mistaken treatment with Tegretol hospitalized me in a mental ward about 8 months after I self weaned off the Tegretol because it was making me worse. There is a request in the C&P file for those OPTR but no indication they were ever received.
  7. Asknod, I've done that. My FOIA letter was directed to all of the facilities I've ever been treated at and when no responses were received I went directly to the Records Management Center which only responded with another CD of the C&P file stating that it included "all that was available." I believe the Records Management Center did not maintain or scan the original Medical Treatment Records but probably destroyed the hard copy records some time after full computerization. (maybe 10 years thinking the C&P files had everything) My digital data record, beginning in 1995, only contained statements of the problem. No Progress Notes until much later. Apparently those are also unavailable or the VA GC would have gotten them instead of stalling and conning the Clerk into relinquishing on the order and issuing an order to proceed with the opening brief which cannot effectively be done for my TBI increase issue without the missing record of failed and mistreatment of my partial and complex partial temporal lobe seizures with only one trial of a medication which is indicated in the 1990 PDR and all subsequent PDR editions as being contraindicated for the type of seizures diagnosed and my sensitivity to amitriptyline. The BVA Judge, when I ask for help and my BVA hearing, said, "Lots of luck. The BVA can't even get copies from the original file." (paraphrased without looking up the full quote from the hearing transcript) Attaching the orders from the Clerk at the CAVC. As you can see from the Docket report, I haven't included all. The Docket report shows my NOA of the Order to the CAFC. When I followed up by calling the clerk, he said the Court hadn't made a decision. I'm in the process of filing my opening brief and asking for Summary relief because of the denial of due process. The CAFC just reversed and remanded a case because of a Denial of due process so I think with that fresh on the minds of the Judges I may be in good stead to force the provision of the documents (discovery) or get Summary relief if the GC continues to be unwilling or unable to obtain and provide the missing probative documents. I'm still looking for an attorney for what I believe is a slam dunk for TDIU from 1987 to 2009. Because of treatment with Keppra from August of 2015, I'm more employable than I was in 1974 but I've missed years of a possible career including no employment at all since 1990. Now, at 77, not much chance of working for the retirement I could have obtained if properly treated for my seizures. Also attaching the recent CAFC decision of due process. 20171117 Motion to correct RBA.pdf 20171201 Clerk Order re RBA correction.pdf 20171218 VA reply RBA dispute.pdf 20180615 FAX redacted of 0613 filing.pdf 20180613 Objection to delay in RBA dispute2_Redacted.pdf 20180705 VA re RBA dispute.pdf 20180717 Clerk's order for details.pdf 20181001 Clerk's Order for Conference.pdf 20181017 Clerk Order due date .pdf CAVC Notice of Appeal filled.pdf 20181129 Docket Report.pdf 17-2234.Opinion.12-3-2018 denial due process.pdf
  8. Yes, My problem is in Denver VARO also. I believe the last facility to have my hard copy medical record was Cheyenne which means it was archived or shredded with the Denver VA Medical Center files. Wouldn't be a problem if they hadn't also pulled documents. Seems like they attempted to clean documents relative to my claim from my C&P file but missed some references in the in patient records. I think I'll go for a denial of due process in the loss and failure to obtain new copies from the originals. I have enough evidence for that I think. Will look for that IG report as additional backup.
  9. At least we need an accounting of why they can't get them. Probably a "privatized archiving" that never expected to have to retrieve documents or the cost of retrieving them makes the VA renege on the FOIA requests.
  10. How do I get an IG investigation into why the VA Medical Division cannot produce the copies of OPTR that have been removed from my C&P file. At my BVA hearing, in response to the question of how to get the needed probative documents, the BVA Judge responded, "LOL, we can't even get them." The reason is itself very probably probative. Such as we were unwitting subjects in research and the researchers were too lazy to make the double original copies. West Los Angeles VA Medical Center had its Research Credential abruptly revoked in 1999. I suspect the documents I'm trying to get from 1990 and 1991 are involved. I either need the documents or the reason I can't get them. So far, even disputing the RBA at the CAVC has garnered neither and the Clerk has closed the dispute without getting his order to the Appellee filed. Something suspicious in the way I was treated by the Clerk and the VA attorney in the hearing on the subject. They claimed documents probative to the diagnosis of seizures were not relative to an increase in the TBI rating increase in appeal because there was a diagnosis of pseudo seizures. The reason the documents are needed is to prove the diagnosis of pseudo seizures is erroneous and that I was treated with a drug, Tegretol, that was expected to often make the type of seizures I have, Temporal Lobe atypical absence and complex partial seizures, worse, even often causing generalized (grand mall) seizures. PDR 1990 through the present. The warnings are more severe in the current PDR.
  11. So there is a consensus on what our tinnitus sounds like. The VA recognizes two causes. Noise trauma and head trauma. But blast trauma is now recognized as a TBI also. My hearing loss (high frequency) with tinnitus is also from blast trauma and came before the focal TBI. Initially the tinnitus wasn't so bad so I guess it became worse after the TBI. I suspect damage to the auditory nerve and the brain's area for hearing.
  12. Never thought about my tinnitus as "crickets" but I'm sure it is the same as those above. My first recalled experience was a wake up look for a flock of birds chirping and then realizing there were no birds. Cricket sound is a good analogy. I sometimes use the sound of a Hight Tension Power Line out of town. Used to listen to the telephone line poles along the railroad tracks by putting your ear next to the pole, which also has a similar humming chirping sound. That is the constant, like a background noise. I also have an intermittent high pitched squeal that can be maddening when it lasts more than a few minutes. And similar problems getting to sleep and being woken up by the tinnitus. Also using a fan to enable sleep. Going to try to get a metronome with a slow low beat. Something like the old clickety clack of riding on a railroad.
  13. Buck, I'm hoping to get the 10% changed. Safety concerns as I mentioned cut out a lot of potential employment creating a "Definite Industrial Handicap" as stated in other sections of the Rating schedule rising to a 30% disability rating level. Will keep you posted on the 10th Circuit and CAVC Decision.
  14. Tinnitus is a "subjective" complaint that is corroborated by high frequency tones in the Audiogram. If a person cannot hear high frequencies or often pushes the button for having heard the high frequency tone when there is none. As a subjective complaint there is no definitive test only the indication that the complaint is probably true. My tinnitus is constant and severe enough that I cannot pass hearing exams for fork lift operators licenses or other equipment operating permits that require you to be able to hear the high frequency beeps of another forklift or vehicle backing up, etc. Because it eliminates a lot of employment opportunities that a person might otherwise be able to get I'm asking that I be rated at 30% as the standard for "a definite industrial handicap." Tinnitus is not correctable by a hearing aid that magnifies sound even for the high frequencies without doing so for low frequencies. The tinnitus masks the high frequency tones especially where there are other background noises. Have absolute proof that is the case. An EENT Consult while I was in the Navy after failing a forklift operator's hearing test. Missed the backing up beep several times without realizing it.
  15. My arbitrary and capricious issues. (I know Berta understands as stated what an arbitrary and capricious act is so going beyond saying mine are similar to her issues is stated for Sailorman) 1. Disappearing evidence. a. Proof in the RBA that 8 months of Spinal Clinic OPTR should be there but aren't. (spinal disc disease claim secondary to MVA caused by seizure) The appearances are that evidence was stripped from the record leaving some evidence behind that it exists. b. Proof in the RBA of 5 months of Seizure Clinic OPTR of confirmed partial and complex partial seizures (atypical absences seizures) treated with Tegretol which according to the 1990 PDR wasn't supposed to be used for atypical absence seizures or for anyone with a sensitivity to amitriptyline which also has been removed from my record. The Pharmacy Record shows the change from amitriptyline to Prozac but the notes and entries of the sensitivity reaction are not in the C-File. 2. Inability to get a copy of the Archived Medical File. FOIA issue 3. Failure of the VA GC to obtain the Archived Medical File to settle the RBA Dispute. 4. Failure of the AOJ to certify or address my raised CUE and lack of assistance issues to the BVA. 5. Denial by the Board for Correction of Naval records that I have subtle anosognosia which is defined as being unable or unwilling to recognize handicaps or lack of skills. Think of trying to get the car keys from someone who has had too much to drink except that is transient and goes away with sobering up. From conscious side anterior temporal lobe brain damage or subconscious side mid parietal brain damage you never sober up. And seizure states make it worse. 6. Using unqualified examiners that declare disabilities non existent. The combined PA examination and rating decision claimed that my tinnitus was not service connected. I was denied a forklift operator's permit 9 years before my finale discharge from the Navy at the Great Lakes Naval Hospital because of my tinnitus which is clearly in the record. The denial didn't address the issue claimed. The tinnitus was granted as a CUE in 1992 but dated from 1989 instead of 1974. 7. Failure to provide the base data for reports. EEG tracings for a second opinion. Radiographic images to obtain an etiology statement which is supposed to be provided by the C & P examiner or the Rating Officer. The Medical examiners are reportedly not supposed to make such statements and leave them for the Rating Officer who is most frequently not qualified to make such determinations. 8. Closing of a claim/appeal when I was in a period of having to travel. I would notify the DRO when I was not going to be available and when I was. He would schedule a hearing after receipt of a notification letter for the time which I notified the DRO I would be out of state or out of the country. He did this two times and scheduled a third after I had moved notifying him I the date I was moving to DC and requesting the hearing move with me as it had from LA to Denver for Denver to have it. And then closed the appeal. 9. Making me travel to Japan from DC because I listed it as my permanent address while using a temporary DC mail box address for a C&P exam that couldn't be done in Japan. (The military was sending their personnel to Tripler in Hawaii for the type of exam needed and no longer had the capacity in Japan. The Embassy couldn't locate an English Speaking examiner to do a TBI exam) So, yes mine are similar to Berta's. And I'm sure Sailor man is experiencing some of the same. Otherwise it wouldn't be necessary to get a remand.

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