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Question
Lemuel
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
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Lemuel
Thanks for your input. Expect to have to do that if a Judge does not redo the Clerk's Order and Mandate on my motion to reconsider (and vacate the clerk's order). One the Clerk does not have the
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