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Found 2 results

  1. Lemuel

    SF - 95 Tort Claim

    Are you a potential class representative for a class action re: deceptive practices that have denied veterans compensation? Cerebral Malaria victim who had hospital summary of rehabilitation instead of acute phase and not stated as rehab summary inserted in military health record leaving VA physicians and adjudicators to believe the case of malaria was mild. TBI victim who has others complain that you are "drifty", unable to concentrate, frequent loss of train of thought, motor vehicle accidents and frequent near accidents, etc. indicating partial or complex partial seizures that have gone undiagnosed. Self denial is usually indicative that you have become anosognosic. Study done in late 1980s and early 1990s found EEGs with sharp temporal lobe tracings were "psychogenic" instead of indicative of temporal lobe seizures. Artillery man or Gunner's mate who has had a rough time after military service compared to others with induction test scores in the same range? Need representatives of classes to reopen 1988 class action based upon recent NIH studies. I began writing letters to the Secretary, Congressman, Senators and Regional VA Centers in 1986 after being diagnosed with a "subtle" traumatic brain injury. In PTSD groups, I noticed many individuals had the same symptoms I had and when questioned they fell into 3 categories, some in more than 1. TBI, p. falciparum malaria, and heavy artillery or naval guns firing more than a few hundred rounds. These categories have been confirmed by recent NIH studies with regards to organic brain syndromes. I believe the categories above, which often result in anosognosia, permanent as opposed to transient from intoxication, often result in suicide. (getting the keys from someone who has had too much to drink) Anosognosia is not being able to recognize a dysfunction as opposed to denying it to protect one's ego. I filed a court case in U S District Court, Central District of California on March 3, 1988 Case no. 88-6276 with other veterans as a class action and am submitting a petition to reopen the case based on recent NIH studies that have confirmed out allegations at that time. The hope is to get veterans compensated at least back to March 3, 1988 for TBIs as well as cerebral malaria victims compensated from that date or the date of their onset whichever is later. Needed are new representatives of the classes, individuals with TBIs, cerebral malaria and exposure to gunfire who have not kept up in earned income with their counterparts who are within 10 points of their primary induction test scores. (proof of disabling effect) I have lost contact with the former class representatives. I am in the process of an SF-95 medical malpractice tort claim for failure to diagnose and treat partial and complex partial seizures. The case will be filed in Wyoming within 6 months of August 28, 2017. I will attempt to have the Central District of California Court case transferred to Wyoming and Joined with the Wyoming filing. Anyone wishing to join the effort please contact me at lembray@gmail.com. Also needed is an attorney to take up the case either in Wyoming or California.
  2. I have a BVA decision. Partial grant, TDIU back to July 2009. Partial remand to consider back to first application date October 1987. Partial denial of tinnitus back to July 1974 from October 1987. I never claimed specifically tinnitus. My claim was for loss of hearing (hearing problems which were written down by the clerk as hearing loss) in July of 1974. Tinnitus was granted in October 1987 on a review of the record by an RO. I believe it should have been granted back to the first claim for hearing as hearing is a system. Part of the difficulty hearing is tinnitus and part a high frequency hearing loss. Also denied was compensation for the wrist because I didn't say specifically the thumb. My contention is that the wrist and the hand are a system. The surgery fused the proximal phalange of the thumb to the carpal bones (used to be greater and lesser multangular but names have changed.) It is a combination loss of use. The thumb and wrist. Dorsa flexion of the wrist is not compensable under the schedule but the loss of use of the thumb which wouldn't be a loss if I had full wrist dorsa flexion. Both claimed in 1974 as "residuals of wrist surgery" to repair an injury. A net 10% increase in back pay. Do you think an attorney could get a favorable decision? My current Rhode Island VA accredited attorney doesn't want to spend the time doing it because of the difficulty. Because I didn't specifically claim the items which I claim are inclusive in the claim and should be granted under CUE. The adjudicator in Hawaii who did my 1974 claim did a thorough investigation of my accident injuries for "in the line of duty, not due to misconduct." And granted 0% for hearing, 0% for wrist injury residuals, and 0% for residuals of facial injury and surgery. No examinations were done. It turns out that in 1985 I was diagnosed with traumatic brain disease, 8045-9304, and rated at 30%. My employment record shows that I had continuing problems following discharge. My contention is that this is a CUE by the adjudicator for not following relative 38 CFR articles 4.1; 4.2;4.3; 4.6; especially 4.10; & 4.13; . But because I had no examination I have only the 1969 inpatient records and a couple of 1969 and 1970 Enlisted performance records to prove CUE. Can it be done?
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