Getting an IG Investigation

[Lemuel]

How do I get an IG investigation into why the VA Medical Division cannot produce the copies of OPTR that have been removed from my C&P file.  At my BVA hearing, in response to the question of how to get the needed probative documents, the BVA Judge responded, "LOL, we can't even get them."  The reason is itself very probably probative.  Such as we were unwitting subjects in research and the researchers were too lazy to make the double original copies.  West Los Angeles VA Medical Center had its Research Credential abruptly revoked in 1999.  I suspect the documents I'm trying to get from 1990 and 1991 are involved.  I either need the documents or the reason I can't get them.  So far, even disputing the RBA at the CAVC has garnered neither and the Clerk has closed the dispute without getting his order to the Appellee filed.  Something suspicious in the way I was treated by the Clerk and the VA attorney in the hearing on the subject.  They claimed documents probative to the diagnosis of seizures were not relative to an increase in the TBI rating increase in appeal because there was a diagnosis of pseudo seizures.  The reason the documents are needed is to prove the diagnosis of pseudo seizures is erroneous and that I was treated with a drug, Tegretol, that was expected to often make the type of seizures I have, Temporal Lobe atypical absence and complex partial seizures, worse, even often causing generalized (grand mall) seizures.  PDR 1990 through the present.  The warnings are more severe in the current PDR.

[Lemuel]

Bronco, I haven't had a VSO rep since a 2003 screw up.  The attorney that got me through the BVA Decision for a slam dunk TDIU from 2009 when I was rated at 70%, none the less an 8 year process with refusal to provide the attorney with copies of the C&P file from the time she signed on until 6 months before my BVA hearing.

I did find the "reconsideration of my tort filing" was an erroneous sending of a claim for reimbursement of a payment for Choice therapy because Health Net didn't pay the bill and 52 Sessions were authorized by VA Cheyenne.  The provider finally quit seeing me when they could only get random payments for 8 visits out of 25.

That one is no longer a mystery and was solved with a phone call.  The BCNR DD Form 149 remains a mystery.  Couldn't find a phone number so faxed a FOIA request for the filing documents explaining that I hadn't filed them.

This is probably the VA DOJ attorney doing what the VA was required to do years ago.  I had previously filed a DD Form 149 in the 1990s and again in 2011.  Both were denied and I appealed the denials under a CUE claim to the Tenth Circuit which denied for lack of jurisdiction.  Then I file to the CAFC but that appeal was returned to me saying it should go to the U S Court for Federal Claims.  I was just about to cut a check for $400 and file but received this letter.  I presume the attorney served filed the DD Form 149 as required when the VA discovers it is appropriate.  But I'm not sure if it is something to do with my diagnosis of PTSD or the TBI, including my Tort claim which is at the Tenth Circuit in Appeal preventing me from being able to file to the U S Court for Federal Claims.

I long ago decided against representation by a VSO.  Had one good VSO rep while in DC who was a DAV officer.  The rest were medically incompetent.

One was passible after my 1990 BVA hearing and Decision in medical knowledge but didn't represent me well.  The DAV attorney that handled my DC hearing at the BVA was not prepared at all and did not go over my part time employer's statement with the BVA.  Also he didn't make sure the 1987 TDIU claim had been developed.  The 2017 BVA Judge discovered that and remanded for development.  So I caught a good Judge.  My attorney at the time, I realize was in it for the quick bucks on the presumptive TDIU claim after I received the combined rating of 70%.  She talked me out of continuing "because her office was too busy and my case was requiring too much time."  I should have held her nose to the grindstone and objected but didn't.

I'm much better after finally getting my temporal lobe seizures medicated in 2015 so I'm able to do much more Pro Se than before.  I'd still like to have an attorney take over because I have trouble organizing any writing over 6 mages because of short term memory problems.  Can't remember that something was said 4 pages earlier so have to have it read by someone who can point it out to me and then do the rewrite.  Sometimes I'm unable to find a reader so have to send as is which is probably confusing to the clerks and judges.

[Lemuel]

Just realized I copied the CAFC Petition to Review to the BCNR.  That could be all it is.  It could have been accepted as a DD Form 149.  I'm getting older and more confused every day.