Precedent Opinions

[jfrei]

Citation Nr: 0327446
Decision Date: 10/14/03    Archive Date: 10/20/03
DOCKET NO.  00-16 789 ) DATE
On appeal from the
Department of Veterans Affairs Regional Office in St. Louis,
Missouri
THE ISSUE
Whether the injuries sustained by the veteran in a motor
vehicle accident on December 21, 1997 were incurred in the
line of duty.

This is almost identical as my case except two things my license was suspended but there was a proven defect in the car along with 1500 complaints to the NHSTA and there are all similar complants to what happened. The VA never tried to assist my claim what so ever Is this decision/ precedent opinion binding on the VA?

 

[Navy04]

Being that I worked in Law Enforcement after my 10 years active, you were Driving with a Suspended License, Right?  So that means that if you were never illegally driving in the first place, then the accident would not have happened, and you would not be going after the VA to compensate you for your past record?  I am not being rude or questioning your disabilities, what I am asking you is what the VA is going to say when they come after you. Wish you the best and keep us posted

[jfrei]

My take is yes it would have car was a ticking time bomb just looked at the hunreds of deaths it caused. It been deemed the fact that caused my crash by an engineer the police officer in charge of my crash had me hire two weeks ago writhing me an analysis that I get this Wednesday to submit for evidence.

Edited November 8, 2015 by jfrei

[Buck52]

 Yes Navy04 is correct.

Driving with no Drivers License has a whole different twist.

its going to be hard for you if they deny you for that...you could get an Attorney that is experienced in VA Law

but even he will probably tell you beings you were driving with a suspended DL. you don't have a chance in winning your case.

I think I mention in one of your other posr  No DL will be the killer.

 

...........Buck

Edited November 8, 2015 by Buck52

[jfrei]

As I have already found two appeals we're the board already said it was a violation not willful misconduct onto of the above precedent opinion I found and gave to my attorney. Even the officer said he would testify in my favor, I have all the help I need. 

Edited November 8, 2015 by jfrei

[Navy04]

When I was Active I had to kick out a few Vets that got hurt off duty, Riding 4 wheelers, playing sports and doing stupid stuff. The Military kicked them out as they were injured off duty due o Negligence. There after they would bot be allowed to file for Disabilities, as it was not the Navy or VAs fault they were hurt away from the Military. Same thing applies to you. I understand about the issues that multiple Car Companies have caused serious injuries and death due to Recalls, but that is where you go after the Car Makers in the Civilian World, not the VA.

[jfrei]

But the military had a LOD said I was in he like not due to willful misconduct and then deployed to Afghanistan. They told me to file for VA benefits on my exit which was honorable. had I thought my memory could handle another 4 years tricare would have continued paying my medical like they had been the entire time I was in after my service had their formal investigation in 2007.

Edited November 8, 2015 by jfrei