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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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  1. The brief I submitted to the CAVC with the help of a legal research specialists is at: https://efiling.uscourts.cavc.gov/cmecf/servlet/TransportRoom?servlet=ShowDoc&dls_id=01205833436&caseId=95961&dktType=dktPublic Notice the more recent Jones v. Wilkie, No. 2017-2120 (Fed. Cir. Mar. 13, 2019, decision. http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/17-2120.Opinion.3-13-2019.pdf Even with the Jones presidential decision, it still goes back to an RO who may be under administrative pressure to reduce his award amounts by a VARO Director creating a bias. The RO is a VA employee and not a "trier of fact jury" as guaranteed by the 7th Amendment. (hope I have that one right -- didn't look it up) The brief I submitted was rejected as too long even though I submitted a previous motion to exceed the page limitation. I chopped the brief to 15 pages and resubmitted per the Clerk's Order. Subsequently, I received a call, apparently from a Judge's clerk, saying I needed to put in writing which reply brief I wanted to use. I responded with a motion to rule favorable for the request for an extended brief and use the brief cited above. That went in Saturday, so don't know if they will accept that brief or the chopped down to 15 pages brief.
  2. Thanks for the input, Bronco. If I get my petition certified, please come on board with an Amicus Curia brief explaining your circumstances. Chances are low. Berta's post has more chance. Thanks for the info, Berta. I seem to be in the "shredder gate" situation. Missing probative evidence. Cannot say for sure who disappeared it of if it got lost during the RO-File Room shuffle before the c-files were digitalized. Whether deliberate or accidental failure of competence it has the same effect. My Petition focuses on so much reoccurring errors and lost documents that I claimed "whistle blower" retaliation on an applicant at the CAVC including collusion between the CAVC clerk and the GC attorney at a hearing. Should have been recorded but if it was I'll bet the voice recording is "lost." The Clerk wrote an outcome and order stating we had resolved the Rules RBA dispute. But that wasn't the case and I filed a NOA with fee to the CAFC on the order. The check was returned to me with a letter from the "Operations Manager" stating that we were not yet in a place for an NOA. FRAP 3 (d) and CAVC Rule 3 both say "orders" are appealable and I cited them in my NOA. So my Petition for a Writ includes a question on the duty of the Clerks and Operation managers to follow the FRAP and Local rules. This one is so obvious a 5th, due process, violation that I hope if none of the other questions get certified at least it will.
  3. I just filed a petition for a Writ of Certiorari to SCOTUS on the "Feres Doctrine" which is used to deny veterans access to evidence and tort claims. No jury trier of fact. The BVA is unable to order evidence be made available to claimants. The DVA thumbs its nose, as it did in my case, at the RBA disputes lodged under the rules to obtain evidence. The Circuit Courts won't get involved because of the Feres Doctrine while expressing concerns about the Feres Doctrine's Constitutionality. Petition was mailed Saturday. Don't know how long it will take to get an answer but only 1% get heard by the Supreme Court (SCOTUS). Have a much better chance at it this time than when I attempted in 1989. I shelled out more than $1,000.00 in printing and mailing 45 copies (143 pg.) to SCOTUS and 1 copy each to 10 interest parties this time. Big gamble on my part. Need to publicize it. Is there a Journalist on board? Search Bray v United States at SCOTUS (new petition) in a week or so. Bray v United states at the 10th Circuit, #18-8051, in a couple of days should have the SCOTUS petition posted on PACER. Also submitted a pre-decision copy to the Court of Veterans Claims (CAVC) which should post to the docket of Bray v Wilkie, #17-2990. Is anyone interested in joining? Does anyone know a law school that might take it up? I'm self represented because it is extremely difficult to get an attorney because of the Feres Doctrine.
  4. 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
  5. 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/
  6. 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.
  7. Psychological_Testing_of_Cerebral_Malaria_Patients.4.pdf
  8. 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
  9. 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
  10. 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.
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