Jump to content

Advertise Here contact us


Subscription Holder
  • Content Count

  • Joined

  • Last visited

  • Days Won

  • Donations


Lemuel last won the day on August 5

Lemuel had the most liked content!

Community Reputation

25 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

Recent Profile Visitors

1,120 profile views
  1. My suggestion is that you call 800 827 1000 and insure the BVA decision under your file number is your name. When I received my 2017 decision and waited 6 months for payment with nothing happening. Checked the problem and found a negative decision a month earlier with my first name but a different last name had been entered under my file number. Took another 2 months to correct that and get my 9 years of back pay. My April Executive Director, Compensation Services / DROC decision took from April to August because it was over $250,000.00 in back pay back 2009 to 1985. There were a hal
  2. A copy of the letter you can download from eBenefits, va.gov or request via 1 800 827 1000 is attached. I redacted my file number. In my case the "effective date" entered on the letter is wrong. It should be 09/16/1985 because that is the effective date of my TDIU. The date entered is the date of the claim that was adjudicated by the BVA Judge that found my 1987 claim for extra-schedular TDIU and ordered it developed. According to my attorney, (I have an unadjudicated Substantive Appeal on that covers that claim in addition to the 1987 extra-schedular TDIU claim), it takes a BVA D
  3. Didn't go through the whole thing but enough to respond and did.
  4. DonH, This sound like the place for an extra-schedular claim. Complicated and long standing. The ROs and DROs and denying because they can and are pressured to do so. Your husband needs to get them under the thumb of the Executive Director, Compensation Services, Beth Murphy. I had an extra-schedular claim that lay ignored from 1987 to 2017. It was ignored until a BVA Judge remanded it. Then I had a DRO that actually went through the file, without any errors or omissions, in his report to the Executive Director. I was awarded back pay to September 16, 1985. I think more than j
  5. Sorry, missed page two in my remarks above. VES has contracts for C&P exams. The examination controls must be rigid for an examiner to get any new referrals. The reason I say that is there are qualified examiners within 30 miles of me for all of my examinations and do them for SSI and SSDI, yet they sent me over 150 miles for orthopedic examination. My TBI exam was scheduled over 4 hours (over 300 miles away) across Denver to a Golden Colorado clinic when the University of Colorado Medical School was over an hour closer and directly accessible by a Shuttle. Scottsbluff 30 miles a
  6. You can sign up for eBenefits or VA.gov to follow your status. It is usually about a month or two behind but when you have an open claim it will give you a time frame. Nothing more than 18 months is acceptable since Godsey v Wilkie, Vet. App. 17-4361. You can look it up online via a search engine. My last C&P in response to a BVA took from 02/24/2020 to 03/30/2020 from examination to RO Decision because I had filed a Rule 21 Petition (Godsey format) because of the delay. The examiner was a Nurse Practitioner who on referenced items in my file that were negative to my claim. Becau
  7. Phury, Well into that. Problem is doing face to face exams. But going ahead, with an attorney, in the appeal without additional examinations focusing on 38 CFR 4.42 injury examination requirements. Trying to get the directives C&P examiners function under that seem to be non compliant with 4.42. Really don't need an outside examiner. Have the 1969 Naval Hospital, Oakland, CA surgery report from the IPTR. Surgically fused bones don't become free of ankylosis. They become more arthritic. All that is needed is an orthopedic pathology text book. (Thanks for the post. Triggered
  8. You don't say what you were before you got 100% in 2009. I presume you have a blast induced TBI as opposed to a focal TBI from an object hitting you. Those often induce temporal lobe epilepsy (TLE) which is debilitating but not obviously so. Enervations (sudden losses of energy and muscle tone), driftiness, concentration difficulties, nausea episodes, Meniere's syndrome (dizziness), etc. Suggest an EEG to your PC and request a comparison of it to the https://europepmc.org/article/PMC/2995886 study in the consult. Also published by NIH in BRAIN, Journal of Neurology: https://www.ncbi.n
  9. I remember seeing in a rating decision letter, the remark, rating could not be reduced because of time limit. But it was a long time ago and I think the rule was 3 years then though only for hearing because of a court decision. I suspect if you look at any recent rating decisions there may be a remark but I don't think they issue a letter specifically for that.
  10. I filed a Rule 21 Petition at the CAVC on 02/17/2020 because my NOD and BVA remand exams and processing had stalled more than 30 months based upon Godsey v Wilkie, Vet. App. 17-4361 which held that an NOD must be processed within 18 months. On 02/24/2020 I had the first examination at VAMC Hot Springs, SD. There were to be follow up examinations by VES contract physicians and appointment were made within 2 weeks but I had developed CORVID symptoms after visiting with the motel owner who had just returned from India by air where I stayed for the examinations. By the time the exams were b
  11. It is not that the travel benefits aren't well defined. The problem is the lack of supervision of directors. Travel pay has long been a source of embezzlement. I suspect that my travel pay from Douglas to Cheyenne, WY in the Bush 1 years was drawn. Just not by me. Things are better now because you are paid by check or direct deposit. Harder fill one form out and have you sign it, then put another in its place. Those that experienced different cash payments for the same trip were probably experiencing lower pay from the agent who was skimming cash out of the drawer by that metho
  12. I am not either. But you have provided a step in the right direction. ERRA doesn't get me to the point I want. I want to know why 38 CFR 4.42 on injury examinations are not compliant as example in my wrist injury. The VA avoided compensating me at 20% on the ankylosis of my thumb metacarpal to the wrist carpal bones by not including it in the exam and the physicians refusing to do the measurements on the thumb because it was not listed in the exam as though only fingers articulate with the wrist. Noise trauma is an injury to the hearing ability. How many veterans know that if their
  13. It really varies with the Director of the VAMC. I had a similar round trip in February from Torrington, WY to Hot Springs, SD for a C&P by a Nurse Practitioner. Hot Springs gave me the night before and because a snow storm moved in the night after. I was TDIU with a 70% base at the time. A little older at 78 with a 72 year old driving companion. Denver VARO scheduled me to a CBOC in Golden, CO with traffic problems including a travel time in rush hour. Denver VARO wouldn't provide transportation. My wife, who drives in that situation, was out of the country. Both lodging and al
  14. Not in the usual VA flourish publication. But I recognize Marjorie Auer in the acknowledgements as the BVA Judge who rendered my May 11, 2017 BVA decision. The 2002 version download in Word. Doesn't appear to be as complete as the 2018 version. This may be a work still in progress while we are not seeing what is actually going on with direct instructions and guidelines to the practitioners who are actually doing C&P examinations today. And then it could be just look nice stuff to placate upset veterans.
  15. A quick scan tells me that the clinicians on the ground have different instructions. For example, I have a wrist injury. The examiner's refuse to examine the metacarpal- carpal articulation of the thumb because only the metacarpal-carpal articulation of the fingers is ordered by the RO. Hearing loss claims do not include loss by tinnitus in examinations and the audiologist will not fill in the block for tinnitus even when requested most times even though it is reported to them during the audiogram as a problem for high frequency tones. The Clinician's guide is compliant with 38 C
  • Create New...

Important Information

{terms] and Guidelines