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Lemuel last won the day on August 5 2020

Lemuel had the most liked content!

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30 Excellent

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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1,371 profile views
  1. Good response. In a similar position with the added "next of friend" claims for other veterans filed in 1988 and never acted on by, or referred to the Director, Compensation services. My problem is I can remember those long ago happenings. Just cannot remember what I did yesterday without keeping it in an open window on my computer. Best of luck in your long standing action.
  2. Maybe you could help me. I am 79+ and losing it. TBI residuals are getting the better of me. I have a BVA remand that needs to go back to the BVA. I filed the preliminary notice after the SOC and SSOC and then a subsequent decision. Really cannot make out where I am now except I think I need to file a 10182 on a legacy appeal. The CAVC waited until after 10/01/2020 to make a decision that my Petition to get the BVA Remands done were now appealable directly to the BVA without waiting for a certification from VARO. I will certainly give you a thankyou. But I warn you that it is very comp
  3. Thanks for the heads up. I deleted the post. Found a couple of more that were not completely redacted and deleted them also. This one I apparently did not notice I posted the unredacted file that appears just above the redacted one in the select file box.
  4. 1985 to 2020. I think I took more than 18 years Bronco. But then I get a lot of low grades on your assessment.
  5. I like the old hard copy organization. Two sides. No duplicates. Tabs identifying references. If my current C&P file was organized with the mandatory "Bates Numbering PDF" system and eliminated duplicates, it would reduce the file from over 10,000 pages to less than a 1,000. The review of the whole medical record is required for each disability to ascertain the interaction between disabilities and medications. Much easier to look at the medical file as one document in ascending date order. With the Bates Numbering "apx 001" to as many as is would make finding things on your comp
  6. Both good VSOs and good Attorneys are hard to come by in my experience. The worst experience was with an American Legion attorney at the BVA in DC on May 15, 1990. DAV had screwed the claim up so, I changed VSOs. But it is impossible to get access to current actions without one especially if you are homeless and on the move. The ROs and DROs never check the current address. They just copy from the last document they look at. So I have had things sent to addresses that were changed more than 15 years earlier. You cannot catch these instances if you do not have someone that can see yo
  7. What has changed since the Revolutionary War Warrants? Nothing other than a guarantee in Section (4) of the Fourteenth Amendment that has essentially been written out of the Constitution by SCOTUS and the Appeals Courts. Not one referenced case on that particular phrase in Section (4) anywhere to be found in case law. If you can find one, please post it.
  8. And you can file the Extra-schedular claim as I stated earlier. Just state what you think is just. I already have an extra-schedular claim on this issue of EFD from a 1988 filing that like my 1987 Extra-schedular claim on TDIU which was granted to the last day of full time employment 2 years earlier than the Extra-schedular claim. If handled the same way, since you claimed TBI, your EFD should go back to your discharge. Attaching the redacted Decision papers on my Extra-schedular TDIU claim. Most vets do not need an attorney to get this done. Because I have been an activist for v
  9. Ask extra-schedular. My 1987 claim for TDIU was granted by the Director, Compensation Services back to my last day of employment in 1985, just over 2 years before my claim. Your claim goes to the Central Office DROs for recommendation, then to the Director.
  10. 38 CFR 4.2 is specific to re-examinations but covers. § 4.2 Interpretation of examination reports. Different examiners, at different times, will not describe the same disability in the same language. Features of the disability which must have persisted unchanged may be overlooked or a change for the better or worse may not be accurately appreciated or described. It is the responsibility of the rating specialist to interpret reports of examination in the light of the whole recorded history, reconciling the various reports into a consistent picture so that the current rating may accurat
  11. 38 CFR 4.2. It is probably quoted under due process. I''ll post when I find it. Probably in my BVA decision. Memory is not so good anymore. Need to get my feet up awhile.
  12. Also, the VA, under 4.42 is require to do a full review of the record and (another section I do not have memorized) make an application for a correction of military records on anything missed on your behalf.
  13. Agree with the premise. But a claim of statement of condition, even if it is just a checked box, on your medical discharge forms is a claim. If the physician did not record it in the discharge physical it becomes a 1151 or CUE claim of evidence constructively available. So yes, we need attorneys to wade through these. Right now there are boards for correction of military records actions for PTSD and other mental manifestations. Only the Navy Board is dragging its feet.
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