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Lemuel

Chief Petty Officers
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Lemuel last won the day on May 3

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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

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  • Service Connected Disability
    100%
  • Branch of Service
    USN
  • Hobby
    Activist for Organic Brain Syndromes

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  1. Wow! You started a good thread, Archer. Lot of good stuff to be found in it.
  2. Update I now have an open Pro Se petitions at the CAVC on the Godsey v Wilkie Decision to get my old remands processed back to the BVA. An attorney was able to get my old extraschedular TDIU claim to the Executive Secretary, Compensation Services and it was granted back to September 16, 1985, the last day of my full time employment. Waiting for the audit to finish for the back pay. Because the attorney gets 20% the VA allows itself 60 days for processing. That time is up from the April 16, DRO Decision finalizing the Executive Secretary's Decision. I have appealed, in Pro Se, the negative decision by the CAVC to the CAFC. In preparing for it I discovered the attached November 26, 1994 Substantive Appeal that the Denver VARO told the VA OIG didn't exist in 1998 when I was living homeless without my files in DC. I don't know how I missed it in my review of my file at the DC VARO unless it was in a missing folder in 1998. Anyway it is there now. And it affects everyone that had a TBI before 2008 and were only granted TBI ratings not more than 1 year from their filing after the law was passed for the TBI rating. The November 26, 1994 Substantive Appeal also should have gone to the Executive Secretary under 38 CFR 3.321. I didn't ask for the CAFC to set aside the rules and rule on remanding or mandating the 11/26/1994 to the Secretary by did state it was within their jurisdiction to do so under Rule 2. Some who have received TBI awards in 2008-2011 may be interested. At the time 38 CFR 3.155 allowed a broader "next of friend" claim. I forwarded documentation to nvlsp a firm that does class action for veterans. "info@nvlsp.org" It probably won't make any difference for me because I already have back to 1985 and the earliest next of friend claim date for others is 1988. I haven't received a reply from NVLSP yet. Might take a person or two affected besides me to contact them referencing my material as an EED claim. Or just go it alone with a claim either with or without an attorney referencing the unadjudicated 3.155 claim I submitted for them. There are two possible EED (earlier effective date) actions for those of us that had SC TBI prior to 2008. My 1988 District Court case filing, 38 CFR 3.155 in 1994 and 38 CFR 4.42 because the C&P exams were strictly limited to what the RO ordered and examiners were not allowed to include "other affected body systems" as required. So, for example, if you claimed a leg injury from a blast in which you were unconscious for hours, particularly more than 24 hours, your TBI may not have made the hospital summary and was ignored as mine was until I obtained the inpatient records (IPTR). Many individuals who suffered multiple trauma and were hospitalized for more than a week are not even aware of how long they were unconscious. Personally, I have a new decision granting me TDIU back to my last day of full time employment which was September 16, 1985. So the only avenue for EED for me is 38 CFR 4.42. Temporal lobe epilepsy is subtle in presentation. If you weren't followed up for your TBI with an EEG and neurobehavioral testing 6 months later (which was supposed to be included in your first "injury" examination you may find it is the cause of your inability to find and maintain employment. Although we don't notice it ourselves, others consider us "drifty" or inattentive. We are unconscious of the episodes and even deny them.. 19980720 VARO Den response to OIG_Redacted.pdf 19941126 Lem to BVA sub appeal copy Cheye_Redacted.pdf 20200626 Lem reply Appellee corrected brief 20-1675.doc
  3. It is the luck of the draw. Should be less than 60 days if you don't have an attorney getting a chunk. I've waited over the 60 days now but my retro goes back to September 16, 1985 and the audit is complicated by several decisions and especially delayed decisions. For example, I was paid for a May and June hospitalization in 1993 in 2002. The schedule the Attorney received as an interim worksheet doesn't have to payment for that correct whether it is paid by the day or each month was 100%. The VA changes practices on these regularly. That was one payment that was received in the bank before I received the award letter. I've received the payment in the auto deposit at times before I received the reward letter. In May of 2017 I received a back pay to 2009. My award went to another person with my rare first name and I got his rejection. Took a couple of months to straighten that out.
  4. I went to walk in clinics. Took a year to get a wheel chair for those episodes. Another 2 years to get a fitted one. And now I don't need them. I presume you are talking about a back problem. I eventually did hydro therapy and except for my neck, I've been doing good. Have to wear a back brace to do anything but I can lift significantly more than the 3 # limit initially. Secondary injury to a confirmed at the time epileptic episode which is still in adjudication after 30 years. A 26 year old unadjudicated substantive appeal that was never docketed at the BVA. The epilepsy (TLE) secondary to and my TBI caused me to miss the substantive appeal hidden in 3,000 pages of what seems to be a purposefully disorganized file. Had written to the VA OIG about the failure to forward my claim to the BVA and then do a denial. Was living homeless at the time without my copies. The Denver VARO denied the existence of the 11/26/1994 timely substantive appeal to the OIG on 07/20/1998. Attaching both redacted. Some who have received TBI awards in 2008-2011 may be interested. At the time 38 CFR 3.155 allowed a broader "next of friend" claim. I forwarded documentation to nvlsp a firm that does class action for veterans. "info@nvlsp.org" There are two possible EED (earlier effective date) actions for those of us that had SC TBI prior to 2008. My 1988 District Court case filing, 38 CFR 3.155 in 1994 and 38 CFR 4.42 because the C&P exams were strictly limited to what the RO ordered and examiners were not allowed to include "other affected body systems" as required. So, for example, if you claimed a leg injury from a blast in which you were unconscious for hours, particularly more than 24 hours, your TBI may not have made the hospital summary and was ignored as mine was until I obtained the inpatient records (IPTR). Many individuals who suffered multiple trauma and were hospitalized for more than a week are not even aware of how long they were unconscious. Personally, I have a new decision granting me TDIU back to my last day of full time employment which was September 16, 1985. So the only avenue for EED for me is 38 CFR 4.42. Temporal lobe epilepsy is subtle in presentation. If you weren't followed up for your TBI with an EEG and neurobehavioral testing 6 months later (which was supposed to be included in your first "injury" examination you may find it is the cause of your inability to find and maintain employment. Although we don't notice it ourselves, others consider us "drifty" or inattentive. We are unconscious of the episodes and even deny them.. 19941126 Lem to BVA sub appeal copy Cheye_Redacted.pdf 19980720 VARO Den response to OIG_Redacted.pdf
  5. What day did they give you? I got the day after my last full time employment, September 16, 1985 on April 16, 2020. I didn't get unemployment. Instead I ask for and received State Disability Insurance. I think that became a plus after I worked part time from October of 1987 to September of 1990 in a sheltered employment to get those years included. My SSDI did not start until September of 1990 in 1996. I think yours took a little less time to get.
  6. Part of mine is waiting 4-5 months for a HLR (higher level review). Thoracolumbar intervertebral disc disease.
  7. Thanks Buck, I'm surprised how much I retained in my study of trying to figure out what the f**k was wrong with me at the NIH Library for a several months off and on in my years in DC and online while I was untreated for my TLE (temporal lobe epilepsy). Working on the EED. Confirmed complex partial seizure in September of 1990 as the cause of MVA. Wife's witness SISOC in the file since 1985. An unadjudicated response to an SOC in 1994 of an appeal of the claim for seizures in December of 1990. And the diagnosis of pseudo seizures was never appropriate by the Generally Accepted Clinical Standards of even the time it was made and cannot be supported by the whole record. I'm thinking of asking for a 38 CFR 4.42 failure to do the injury examination addressing the "residuals of: head injury" filed in 1974 to be considered an unadjudicated claim of affected body systems on the seizures and the thumb. Essentially a Fifth Amendment "denial of due process." The VARO Hawaii RO ordered an examination by the VA Clinic in Hawaii but it was never scheduled and done. My thinking is that since the VA will not let the C&P examination include anything but what is specifically ordered contrary to 4.42 it has opened up a claim of the affected body systems not examined being an unadjudicated claim if the examination doesn't cover. Never could get my thumb SC though the operation ankylosed the greater multangular, lesser multangular and the thumb metacarpal. Benefit wise it only makes a difference if I can get EED back from 1974 to 1985. Same for the seizures which were documented in the Nursing Notes but never referenced in the Progress Notes or the Narrative Summary. Will keep HADIT posted on outcomes. Quoting an email between me an my attorney on the thumb below: "I reviewed your other statements explaining the issue. I think you explained it well. At this point, the thumb has been denied service-connection. Service-connection is the first battle. The wrist DBQ that is pending completion via a C&P examination should list the thumb as associated with the wrist via the surgery, but a separate condition. Make sure to express these points below and the thumb should be included in the C&P and we can get it service-connected. If the examiner gets it wrong, we can do another SISC and it will be another issue for my MD. We should let the C&P examiner take a crack at it first though. On Tue, May 5, 2020 at 9:53 AM Lemuel Bray <lembray@protonmail.com> wrote:
  8. Buck, When I had my TBI in 1969 CT scans and MRIs were not available yet. But mine is classified as severe depending on which report you read how severe. Over 24 hours of delayed unconsciousness with an additional 30 hours of amnesia. Either 26 hours or 50 hours depending if I remember right that it was on a Friday just before midnight and the hospital record or the BUMED message that it was Saturday and that I regained consciousness enough to take a call from my father at 2 AM (0200) Monday. The only thing you missed is the temporal lobe epilepsy residuals that are so often missed and mistreated as a psychological health condition. Attached may interest you. I have EEG studies that are consistent with this study throughout my record from the very earliest in 1985. In 2015 one was done by a neurologist who was still on the cutting edge theory that dominated from sometime in the early 1990s (I was given the "pseudo seizure" diagnosis in 1993.) until this study published in 2010. During the late 1980s and early 1990s it appears (during the heat of reducing entitlements when President Reagan cut travel pay for those with less than 30% and the Director of Cheyenne VAMC cut it altogether if the DAV Van was available) the VA traded the use of VA telemetry units that were set up to observe and confirm epilepsy to do neurosurgical studies on status epileptus and Parkinson's. The outcome was a cutting edge theory that the sharp wave EEG was indicative of "pseudo seizures" a diagnosis the VA Rating Officers and thus GC Attorneys have long considered to be malingering. That lasted from the date of a report that cannot be found now but is referenced in old neurological text books, one of which still carried it in 2016. All of the rest that I found on the Law Library of the University of Wyoming during that 2016 research session had updated to this study. The study was also published by NIH. The VA GC and the CAVC Clerk (AF) obviously still believe pseudo seizures equal a malingerer from a Clerk's hearing in 2018 on Vet. App. Bray v Wilkie, 17-2990. So even though the change from 1985 Generally Accepted Neurology Clinical Principals to a cutting edge theory that lasted a little more than a decade it still persists in some neurologist that did their residency during its dominant period and among VA Rating Officers and VA GC attorneys. It will take some time and a lot of fight to correct. 20101116 Brain studies by Oxford.pdf
  9. Symptoms are too similar to mine. They got progressively worse until I was finally treated with Keppra. Do you have sudden losses of energy? In my medical record they are reported as "drowsiness" but are not. It is like you can't hold your head up because of inability to keep the muscles from relaxing as though you were drowsy and nodding while not at all being sleepy. To me this seems to be a primary symptom of TLE but is not always necessarily there. My suggestion to you is to put in a claim for temporal lobe epilepsy. These lost wallets are similar to mine. They are inattentive signs of short complex partial seizures. So put in a claim for them secondary to your head injury to at least get an EEG screening. If you do make sure you print and take the attached research article to the examining neurologist. Even at this late date, many of them are not aware of the brain making its own drug. Try not to take any drugs or alcohol for 3 days before the EEG. Tell your PC why and ask your PC which meds you can get away with doing that. Don't stop something that is critical. Claim under 38 CFR 4.42 as an unadjudicated claim of residuals of your TBI from your first injury examination which did not include all body systems. If you have had EEG exams, make sure they are re-read by a neurologist who accepts the new widely published protocol for diagnosing TLE from postectical EEG tracings. 20101116 Brain studies by Oxford.pdf
  10. With 70% an one at least 40% you are presumptive. The BVA Judge will give it to you. But the Rating Officer may make you jump through that hoop to get it because of the VA's use of the "time value of money." If they hold you off until next year or even longer they will pay with cheaper dollars.
  11. That will make your TDIU more difficult but not impossible. You had to take what you could get. Have you applied for Social Security, either SSI or SSDI. My Social Security investigation and examination were primary in finally getting my TDIU back to 1985 because of an employer statement about my disability in my SSDI CAVES file. Took me 35 years to get it. Hope you fare better.
  12. Apply for State Disability Insurance instead of unemployment. They pay the same. State Disability Insurance allows you time to get SSI or SSDI which ever is appropriate for you. Go to legal aid to do this if you are in need or there are some attorneys who will do the SSI or SSDI and your VA TDIU for the 20% of your back pay. No one can tell you your best course of action without looking at your file. Also a VA VSO rep or VA Social Worker can help you at least with the decision of course of action and getting the forms to fill out.
  13. Fatigue? Sudden onset? Could be enervations which is a sign of temporal lobe epilepsy (TLE). I'm on Keppra, a drug approved in 2015. Started in 2015. Works great for me. Take a look at my posts by clicking the green L. I have a long history of fighting the VA on TBI and other organic brain syndromes. Most recently, I got action by filing a Rule 21 petition at the CAVC on my 2 year old NOD citing Godsey V Wilkie and another on my 3 year old BVA remand citing the same. Action happened. Moved the BVA remand to a decision on April 16 granting me a new EED on my TDIU back to September 16, 1985. And that was after an order by the CAVC to the Secretary to respond. The responding attorney was negative and unaware the Executive Secretary, Compensation Services had rendered an April 8, 2020 response with a following DRO Decision on April 16.
  14. I'm on Keppra now for my TLE from TBI. At 78 I'm more employable than I was at 35. Been that way only 5 years. But got TDIU back to September 16, 1985 now. The TBI rating from 2009 gave me presumptive and then an old unadjudicated claim for extra-schedular TDIU got remanded by the BVA. The Executive Director, Compensation Services granted and DRO processed a granting Decision on April 16, 2020 picking up the EED. Buck suggested I look at your posts and this is the first I found. Hope you see this. Don't know what your TBI residuals are yet.
  15. I have another thread on the subject of TBI. Haven't transferred the new material there yet but will. Wil check "jfrei" out.
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