jfrei

Gm only admitted it could have been a defective switch not that it was for sure.And it happened while on active duty I got the money for the car because I was working in the military I signed that paper. Which said I would not sue GM in the future which I couldn't even if I wanted to because my crash happened before the bankruptcy which was already shielded by a judge from the hundred of other cases. No military no money no car! I was contacted by Mr. Ebert by email he emailed me saying they are trying to get my appeal moving after he read the forensic report and that he is optimistic about it happening.I called the appeal status line and they said someone submitted a motion to advance by email. I didn't think an attorney could email this motion? I did receive this when I asked both my attorney and the head of the GM fund back in January of 2015 Jamie: Thanks for the email. You should definitely consult with your own attorney concerning the scope of the release you must sign. But, I am confident that your release will have no bearing on your ability to recover compensation from the VA. Nevertheless, this is a personal opinion and you would be wise to check with your own VA expert attorney. All my best. Ken Feinberg

Sorry if I worded it wrong 2006 was my accident. I have never received anything other then medical treatment for my issues with the DOD but they were entitled to some of my settlement in 2008 because they did pay over 300,000 in keeping me alive Medical Care Recovery Act 42 USC.2008 they got some of their money back. But my treatments didn't stop that year I was still seen for the next four years to follow after my crash because of my militaries formal LOD.

I was assuming they never say it because in the adjudicative actions it says the DRO got here response from OGC on 11-23 she wrote her decision 11-30 the same day I submitted the report. She states the last paragraph that she agrees with the report in saying my car had this defect but then agrees with OGC that two reasons why I should never have been driving. But if the evidence was cited about the defect and she agrees with one part then how when the report also states it could have happened at any moment of the 2 years I owned the vehicle and drinking could have played no role where he states in police report never states why I ran off the road but he gave a list of reasons why I was not at fault for this accident along with the 400 known admitted defects by GM one of those was mine. And was seen in a caucus in front of the white house speaking against manufacturers about my accident.

I am sorry Berta it was my attorney that said that yesterday and I was in the settlement with GM because my airbags failed in 2008 and waited until 2015 to tell me it was my ignition switch that was the cause of my accident and issuing a recall after 125 were died and 274 injured. But when the engineer I hired to do a forensic opinion he said GM destroyed all evidence so now its impossible to say what caused you to go off road into the tree. And the airbag not deploying was the proximate cause to my head injuries. He said its now impossible to illuminate the fact it could have been my ignition switch that caused my crash. I would call the OGC not to sound dumb I don't know what number to call to reach them in Philadelphia. I don't even know how to begin

Well I wish you the best of luck at your DRO hearing when it comes time for it.

Someone filed a Motion to Advance dated February 10, 2016 that wasn't me. Now I am confused. Is there a way to find were it came from when I called he sent it was sent in by an email?

I didn't even know that you could file a NOD before they sent out a letter with the decision on it for you to disagree with.

Attorney said it doesn't mean anything with my claim but I can add it to my file just means that private got some of Its money back.

This is the paper I just found that says I would receive care from the government for the day of my accident and for future care. Along with a check from my settlement of 132,000. Can't believe I just found this not that I know what to do with it.

Actually I didn't even think about the NOD because I have never thought about it as being a cause of this whole thing I guess the GM defect took my head into a tunnel and that's all I could think about. I haven't said anything about the res to my attorney I thought I would talk to my unit which I did and gave me the number To call at Quantico just to see about this hearing don't need anything just want to know it does exist before I waste my attorneys time. Then I will suggest it along with suggesting the MH which he has said but wanted to take care of this accident first.

I never even knew you could cope with anxiety with drinking but now I am reading about it a decade later. It was just the easy thing to do at the unit and no one cared before my accident it was me being socially acceptable and calmed my anxiety about getting ahead. I was at the top marine of the quarter then two weeks later in a coma from the accident.

I also have been in contact with my unit they gave me the number. To call to tomorrow and see what info I can get about my formal LOD. I know it was done at quantico, which is the reason why tricare paid 311000 in 2007 but my first settlement paid them back in 2009. But they had know idea I was getting a settlement just happened that way.

I know that all of the records said it was .20 because my mother said to the police that what it was and the police told my service department. It was high but not .2 it actually from the hospital records .15666. But drunk non the less and the seatbelts wouldn't have been working in my accident so they would have no signs that they were being worn if I may have tried to take it off after I crashed and passed out or can off in the crash regardless my airbag should have deployed. My drinking started getting bad when I got into aviation and was stationed at my last duty station all I could do to deal with working the long hours was drink. I still think about once a day how I got there and when they sent me in patient rehab at Andrews air force base I had nothing to do but wonder. Not giving excuses for my behavior but if you describe me before the accident it was night and day and not in a good way. To everyone else I was normal underage drinking at parties with my unit trying to fit in worried about not fitting in so much I'd binge drink. I had this anxiety problem after I was selected into the airwing I was fine in NC as a LVS operator.

I am ashamed for what I did that day not saying I did not drink I am saying I was not the proximate cause of my injuries and the reason why my airbag failed causing my head injury. Just let me clarify a few other things with this LOD the speeding was only done by skid mark measurements. Not the best way of indicating speed especially when the defect wasn't known at the time. The altered ID was never proven and was actually in another case were it was admitted in a sworn statement that I never altered the ID but that I was not mad aware of how the id was altered but was never presented to buy alcohol, the seatbelt not being worn not a factor as the seatbelts don't work if the defect actually took place. Alcohol BAC is incorrect as well.Two GM settlements first saying they had no idea what caused my accident in 2008 then in 2015 again by saying they knew but hid the defect and destroyed my blackbox. I know this case is the strangest case ever.

Please know that hours on filling bags up, even after a 15 hour day puts a toll of people. And then I am the one left to blame and constantly lashed out for 8 months until we got home.

I couldn't make a statement in January I was still in a coma I awoke the end of the month and they finished their LOD in June I was awake out of the hospital back on light duty. I healed so quickly physically but they really couldn't clear me mentally until the doctor cleared me almost a year later. Then they punished me sent me to rehab and then deployed. Physically an ox but mentally wasn't there was constantly forgetting tools overseas punished in the form of filling sandbags and tortured physically until I was mentally going to explode. I have filed a reopen of my MH claim and this time I will bring the doctors note that cleared me mentally to deploy, cant blame it on something I was cleared by a civilian doctor and a military doctor.

MH may have been contributed from my deployment but they say its from my accident even though I was cleared medically to return to active duty 1 year after my accident, I got the green light to deploy from a licensed doctor.

I don't think so I just have the initial claim from 2011 where they said it was willful misconduct and not that it reversed my service LOD. Would that be in my Cfile?

So you want to see a copy of my LOD which was approved and signed by my CO my legal XO and my officer in charge of my jag investigation. It was determined after the hearings in Quantico that it was not due to willful misconduct but negligent failure to observe proper safety precautions. It listed all of my faults the speeding dui and seatbelt failure. All this was in 2007. Then 2015 comes and the speeding and seatbelt could be trumped by the recall. The cause of me going off road the police never state but said I had all those violations as well. Police set me up with there engineer for reconstruction and he has said what I have known for the last year that GM is the fact its ignition switch caused my crash. Not excusing my actions I was in the wrong but I didn't let it make me I still picked up NCO in Afghanistan but not easily. My LOD was issued in May 2007.

ASKNOD what exactly is Res Judicata? I have never heard that term.

Thanks for all the feedback guys and girls you make my life not so tortured in my head.

Everything I have filed has been denied due to my accident they said was willful misconduct except 3 things broken foot dislocated shoulder and broken left index finger which happened prior to my accident. That's what the 30% is for.

I have last year and they said it was depression disorder with anxiety but it wasn't related to my deployment but due to other circumstances, (my accident) Willful misconduct.

Not much as far as leg work I know I have this problem were I cant get this out of my head and wont stop at anything I had recently emailed Ms hickey two weeks later had my DRO hearing scheduled then they scheduled it the week the pope was in town. Had DRO hearing with my attorney right afterwards she said she couldn't give me an answer but had to refer to the OGC. I said ok got the report finally two weeks later she got her answer to deny. She said she has to do what OGC says even after I gave her the report that states the two reasons they said to deny was contract dicted. Docket No 07-12 701 the VA's duty to assit does not include obtaining forensic evidence, but can at my own expense. So I did while I waited for the report she got her answer. The day I gave it to her was the day she wrote the decision but she said she entered it in my file and she can help with my appeal. My attorney only said well you have 1000 to 1200,days away to the appeal 31 days ago. I have found quite a few cases were forensic opinions are entered in as evidence and are considered creditable my engineer has already been involved with 100's of cases brought to court working for the police department that wrote my accident report. So there's no conflict of interest so Berta should I reach out to my RO next week and see if there is a way to get the OGC to get a second look? I am so mad at myself that I never looked to see on the paperwork when she got her answer and when she entered in my report. I am still a little concerned of what they will say? No report not creditable even though he had more information in front of him then the VA did and worked with thelead officer in charge of my accident.

Gm has already stated and paid out settlements in 2008 and again when they finally recalled my car last year. It was a tree but the police report says they don't know what caused me to lose control of my vehicle but I was in violation of a few PA codes this was in 2006 ten years before the recall. So when I went to the police department he was shocked that my vehicle was found to have this defect and suggested I hired this engineer who works with them against lawsuits. He said he would but legally cannot because he was involved in the original accident report , conflict of interest. So I went and hired this guy who has a few patent for seatbelts and written several books, articles. as well as his degree in mechanical engineering. I don't remember anything because of my TBI just the punishment I received when I awoke from my coma one being driving on a suspended license and a DUI. Not proud of any of it, just last year marked my 10 years from the incident and is now expunged from my record because of ARD program. I am ashamed of it but feel like my service said I was in the line of duty not due to misconduct even before the recall which then lead to my deployment, that I should receive the same medical care as I did in the military. Sadly I am not the only Marine that had this GM problem one died out in California and 2 other in that care were injured. Sorry to hear about your scare I was actually going 55 mph around a S turn at the same time I could have lost my power brakes.