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What are the chances that the CAVC will grant my Motion for reconsideration of the Clerk's Order closing my Appeal in a Joint Motion for Partial Remand (JMPR)? Copy and paste from my motion after requesting my attorney be removed. Vet App. No. 23-1587 UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS LEMUEL Petitioner, in Pro Se v. Denis R. McDonough Secretary of Veterans Affairs, Respondent. November 2, 2023 MOTION TO RECONSIDER 10/26/2023 MANDATE I, Lemuel C Bray, petition the court to reconsider the 10/26/2023 Mandate. I have petitioned the court to remove Mr. Steele as my representative because he is unwilling to assist in getting the court’s order, which he says is “boiler plate” and will have no affect on my legacy appeal at the BVA changed so that I have no worry of being limited to the issues decided in the BVA’s erroneous AMA Decision. I read the order as locking me into the AMA Decision and only able to address the specific issues stated in the remand and causing me to drop all issues raised and evidence presented that was not considered by the BVA in its AMA Decision. I petition the court to vacate fully the AMA Decision and hold that I had not relinquished my Legacy Appeal including my brief and motions presented per the BASES FOR REMAND in the JMPR of 10/20/2023 and that there be no “partial” in the remand order limiting what I can bring before the BVA. That the BVA must address the “facts” as stated in my brief and motions as well as the specific references I have made supporting what I claim as facts. If the BVA finds evidence of record countering my references that overweigh my stated facts, the BVA must so state and provide the evidence of record countering my references. On October 20, 2023, I sent the following email to Mr. Steele: “Re: Rule 33 Memo From Lem Bray <Email Address Redacted> To Brandon Steele<Email Address Redacted> Date Friday, October 20th, 2023 at 7:52 AM We are good with it as long as no issues are closed. Total remand because the BVA decision did not consider the brief and respond to the motions including the motion to allow an alternative to a hearing as opposed to slamming into the AMA. LEMUEL C BRAY 2833 Main Street Torrington, WY 82240 307 316 8568” I have a SC TBI with “off days” in which I do not function mentally well. The proposed motion was slipped by me and did not get the BVA AMA Decision fully vacated with remand having the effect of closing my Legacy Appeal briefs and motions without consideration of the issues therein as I read the order. As I read the remand the “AMA Decision” that ignored my briefs and motions will stand and be unappealable. Only those issues addressed in the BVA AMA are addressable and the remand will not cover issues raised in my briefs and motions that were not addressed in my BVA Legacy Appeal. I am, therefore, submitting a request for reconsideration for the 11/29/2023 BVA AMA decision to be fully vacated and remanded in Legacy Appeal based upon the “BASES FOR REMAND” in JMPR that had the effect of converting my appeal of the erroneous converting my Legacy Appeal to an AMA decision, with the failure to provide the Legacy Appeal hearing and Decision. Mr. Steele still argues that the “order is boiler plate” and nothing needs to be done. A clear reading of the order indicates otherwise. My argument is that Mr. Steele apparently did not read my brief and motions and include anything in the issues to be remanded in Legacy Appeal that were not in the AMA Decision. He failed to research and understand the my reasoning. I recognize that can be difficult given my TBI residuals but he needs to learn to deal with the likes of me and address my issues as I state them or convince me in “law” that they are not addressable. My previous attempts to appeal decisions did not fully understand the BVA is the finder of fact and erroneous statements of fact by the BVA cannot be addressed in appeal without a showing of “arbitrary capriciousness” such as the way the BVA slammed me into AMA and ignored my brief and motions. /S/LEMUEL C. BRAY

So my appeal is a Legacy from May of 2015 appeal placed on the Docket November 2017. Now, I had me virtual hearing on November 2020, and still waiting on a decision. My issue is about the AMA and these appeals lacking any evidence and almost all being remanded back to regional office. I go back and look at the cases once they are uploaded for us to see. There is literally hundreds of AMA appeals completed with docket dates of 2019-2021 for every one Legacy appeal from 2018 and older. When a person goes through these cases you will see that more than half of these AMA appeals are remanded due to lack of evidence. I still, to this day, have over 40K appeals ahead of mine. I have been waiting for now over 6 years for it to be completed and I wonder how many of these 40K will be remanded due to lack of evidence? I may wait an entire another year or more to get my decision completed due to these "BS" AMA appeals. I mean if you are going to file an appeal to the VBA get your crap straight its not just your appeal that is going to be remanded for more years but your screwing over other veterans. I'm not trying to be a hater here but this AMA didn't do anything but screw all of us over. My appeal is based on significant issue with the St. Louis regional office. I have been service connected with Systematic Scleroderma and the St. Louis RO denied all the secondary conditions with this disease. If anyone knows about scleroderma they know that it is called CREST and CREST is called scleroderma. I have been medically diagnosed with all the CREST issues, but all the ST. Louis office wants to rate me on is my Lung condition from scleroderma. This is all besides the point that I have now waited over 6 years for secondary conditions because my appeal cant get through the backlog of appeals that don't have evidence attached to them.

Sorry for not being active. There really wasn't anything going on with my Remand until June 29, 2020. I have three issues on Remand; SC for Post Thoracotomy Syndrome including chest wall defect and damage to intercostal nerve, increase bronchial asthma higher than 10% with a EED prior to April 2017 and TDIU. I'd logged in to va.gov last Monday and saw that one of the issues; SC for the Collapsed Lungs was Granted. The other two issues are still open. So, I'm now reading all of the prior cases to try and determine what kind of Rating they are going to assign. The increase for Asthma should be easy; their Ratings Chart calls for at least 30% if function is at a lower percentage or Veteran is using daily cortico steroid inhalers. I have Spiriva and Symbicort every day. The IU is the tricky one. As we all know, you must have at least one issue at 60% or a combination of issues that total at least 70% with one issue at least 40%. Even if the Veteran meets these criteria, IU is still subjective and not a given. I'm going to predict a Rating of 40% or 50% for the Post-thoracotomy plus an increase from 0% to 10% for the scars, 30% for Asthma EED Aug 2014 and TDIU. The VA being what it is, could just lowball me as well. There's just no way to figure them out. If anyone wants to see my Remand and/or the C&P Exam from Dec 2019, just let me know and I will post redacted copies. For all of you who are Legacy, it seems as though 6 months is the average to get your Legacy Appeal Certified to the BVA and then 6 months on average for the VA to work on the Remand. Good luck.

Well, it's been a few months and I'm still waiting. Last thing that happened was a C&P Exam in Dec. that strongly favors my Appeal. The examiner at the VA Medical Center said that my Remand was in Nashville. I spoke with Peggy a week or so ago and they said my file went back to Philly. So, I really don't know which RO has my Remand. Peggy said that the RO takes between 30 and 60 days to review the results of the exam. When I read the exam report, it is clearly in favor of me finally getting SC for chest wall injury caused by chest tube. I'm hoping to get 60% for that. The Asthma should be no less than 30% because of all the cortico-steroid inhalers. Lastly, IU should hopefully be granted. It has been a very long and difficult grind. I'm more anxious now than at any other time because I'm so close to the end. I've been busy helping other Vets in a Facebook group and have neglected my home here. Will spend more quality time here. I hope and Pray that all of us get the benefits we've earned. If anybody can answer a question: If the RO Grants the Appeal, which from what I gather, they can, will they notify me or will they send the file back to the Board? If the RO Grants the Appeal, where would I see that first: Ebennies, va.gov, bank account or snail mail? Thanks all!

Just found out today that Huntington WV RO has my Remand. This is good news. I was hoping to avoid having my Remand going back to Philly. Anyway, Huntington has already requested a C&P Exam. I'm going Dec 13th. Pretty quick. Huntington did my hearing loss and tinnitus claim. Claim filed Jul 2019 and Granted Oct 2019. They seem to be quite efficient. Now let's get to the exam; they want another PFT (pulmonary function test) and then a medical exam. Here's the weird part; the medical exam may not be a Doc. They told me his first name. So, my Lawyer wants me to load up my paperwork and bring it with me. Every time that I read and reread the Remand Order, it clearly sets a very high bar for the VBA. For my case, it is a minor victory because the Judge ordered that the previous denial be reversed and the claim reopened. The most important part about this whole process is the amount of research that I had done. The Judge cited in his Order an article that I had sent to the Board about injuries that occur when a chest tube is inserted. Also, the Medical articles that I had sent in about Dyspnea and not being able to take a deep breath. It is so crucial that we get a copy of our C-File and educate ourselves about the process and what we are claiming. The idea that I had sought out a Medical Opinion on my own, on my dime with my own Pulmonologist, may get me to the finish line with a full Grant. Even if you have a Lawyer like me or a VSO; leave no stone unturned. Do your own research and leg work. I have all of the Federal Codes and all of Ratings criteria. Never stop. Never give up. I will let you all know the outcome of my Remand. Ray

My Legacy Appeal was Certified Jul 2019. In the time that my case was at the Board, I had filed new claim for Hearing Loss and Tinnitus; 0% for hearing and 10% for Tinnitus. Beginning in late August, I sought out a local lung specialist for a complete exam and evaluation of the collapsed lungs. He had determined that the left side chest tube caused an injury to the Intercostal Nerves. This is accidental and also common. All of that evidence, including a CAT scan went straight to the Board. When the evidence was faxed, I had waived any consideration of the RO for the new evidence. I wanted the Judge to see the new evidence and decide my Appeal. The Board punted my Appeal. They either screwed up or chickened out. If someone at the Board failed to show the Waiver to the Attorney or Judge, then they goofed. If the Judge knew about the Waiver and still made a mere footnote of my Triple Board Certified Pulmonologist, then something else is screwy. The Board referred to a 2017 C&P Exam for my chronic chest pain, evaluated by, get this...a Nurse Practitioner. Not that there's anything wrong with NP's, but why did they not rely on the New and Material evidence? Now my case will go back to the RO and this could take years. I can't petition the Court of Veterans Appeals because the Judge's order is not final. So, they get to play with me longer. I am going to get on the horn with my Lawyer tomorrow and find out if we can file a Writ of Mandamus and take their ass to Federal Court. It just knocks me out. I'm running around on my dime gathering evidence that they need. I even said "I'm willing to wait until the cows come home, as long as the Board applies the new evidence and get it right". I sure hope somebody can learn from this. I am way past pissed off and frustrated, but I'm not backing down. I hope everyone has a good week. Oh, that other forum? Learned my lesson once and for all. You can't even sneeze on their beloved VA without getting your pee pee smacked. I'll stay here.

This may have been answered elsewhere but as a long time lurker I have not been able to find it. A brief background. I am at 80% SC (70% for a mental health disorder, 10% for a couple of physical disabilities). But nearly all of this has been awarded through BVA appeal process that has been on going since 2009. Part of the appeal has been TDIU. In short the RO did not automatically send the 21-8940 to start the process when I hit 70% RO and I didn't know I qualified. Once I did know I appealed and it became a part of the 2009 ongoing BVA appeal, but joined it in about 2014. A social/industrial survey was ordered (2015) but not completed as the social worker at the hospital completing it didn't know what it was (he thought it was a survey of current patients). So the BVA appeal has gone back to the common BVA Remand to RO SSoC to BVA Remand tennis game for a few years. A mess. Here are my current questions: I have been awarded new service connections and ratings since the TDIU denial part joined the appeal. I have also moved, so the 2009 appeal is at the original RO where is any new claim would go to my, now, more local RO. 1). is there any way possible to file for TDIU now, through my local office since new service connected disabilities are present? 2). Just general opinion if you could, but I had been told that it is detrimental to an appeal to request that RO handling the case be changed or moved to the most recent or local RO. Does anyone have any insight if this is actually true? The old RO is a hassle, its keeps sending appointments and decisions to the old address no matter how many times and ways I update my address, for instance. Thanks vets, any help I get I'll try and pay it forward.

Hi Everyone, My dad was awarded 100% in April 2016 and I submitted a NOD in August 2016 to appeal the effective date. According to the VA website, the RAMP program will "invite" those who are currently in the appeals process. Has anyone on here been asked to participate? Thanks, Beth