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Wow that might be It we sent the cars recall in on Dec 29 for them to review weird it just showed up yesterday submitted in Dec, was just called this late my Hearing is scheduled for August 20 at 9AM

The airbag not deploying left me in a coma for about a month. But never recovered 100% as my coworkers would tell you not to mention I was then deployed to Afghanistan about 2 years after my accident having had the marines LOD said it was the car defect as well in a formal seating down in DC in 2007.

The GM ignition switch there have been to this date 390 other people counting me that GM said was the ignition switch that cause the accident 124 are dead 14 are still in a vegetative stat

So I have no idea whats going on with my DRO review elected hearing. Yesterday I received a call stating my DRO hearing is awaiting scheduling could take 30 days. I was happy Dro review was moving then I look on ebenefits and it says a new claim CUE TBI was opened on 12/29/2014 not me or my attorney did such a thing but it says its preparation of a decision. So this new CUE claim is pretty much the reason why I elected a DRO review which the lady on the phone said she has never seen both things going at the same time. but how can their be a decision without the hearing on the claim if there hasn't been a hearing with the dro review. Oh jesus Ive gone crossed eyed typing this!! BERTA help ???!!!

But it was before their bankruptcy so really they are shielded by the court.

It is found in my record but they reversed what my service department found already and said the proximate cause of my head injury was the airbag not deploying defect in the car then in 2008 GM settled saying they had no idea why then GM settled again in 2015 because of the recall and fraud on my first settlement.

And the new evidence was the GM Ignition switch reacll where the in turn they admitted was at fault in my accident and settled my case for 500,000 even though it was before their bankruptcy. So its says Berta in my claim to reopen my claim is the DRO allowed to grant my claim or just reopen to start off the appeal with the BVA. This is what the lady said to me on ebenefits but I know how reliable they are. Yes, the DRO has the authority to overturn previous decision that was made on your claim. The DRO has the authority to grant benefits if warranted based upon the evidence received.

You have to click on the image for it to enlarge Berta. Sorry

I believe you can put in the request with the NOD I have yet to get a SOC and my hearing is being Scheduled in the next 30 days or so.

Its a face to face at my Regional Office with my attorney. Its on to issues he said one being the CUE issue and secondly if the recall of my vehicle IE GM ignition switch recall with the settlements as enough to reopen my claim as new and material evidence. I can't remember if he can only say yes to reopen the claim and so the appeal starts or if the DRO can grant the new evidence and make a decision on the spot.

Curious as to what its like at a hearing and the do's and don't? I think knowing its closer and its killing my anxiety wifes no fan of who I become,me with the obsessing over the Hearing the constant feeling that its going to end badly.

Just received my call from the RO that I need to contact my attorney so in 30 Days to schedule a date and time for a hearing. Why does this make my anxiety level shoot up, I've been waiting for this day its here now drives me insane thinking about what the DRO will ask me? If he is truly trying to help me or if I am just a number off the Monday morning report now for their stats. Does anyone like Berta have any advice of what not to do or say?

I was looking for anyone who has every emailed Ms Hickey about their Cue claim/Nod and if it had any effect?

Thanks Berta always nice hearing your input.

Sorry attorney filed for DRO review with a request for a hearing just curious on how long Ill wait its already going on 7 months and Im alittle worried as I really cant remember much from when I was in a coma in 2006 Ive lost allot of memories, I woke up and then about 4 months after and two months before I cant remember anything. but the things I read that happened I can recall but don't remember happening. So do I even mention anything I don't remember actually happening or look as blank as I feel when if asked? Is it really a two year wait even with all this drama my intial claim took about 2 years to be finished ending at the tiger team 2012?

Was wondering from people how long until people got their hearing request having already filed the Cue that is and a DRO review with a hearing selected by my attorney in the works in Philadelphia?

Apparently if your attorney has requested your file from ST. Louis you might notice on ebenefits its now in red saying requested documents are late. Incorrect. So I called the St Louis VA trying not to be paranoid to make sure they even got the request. She said sure is right here but the VA gives us 3 to 4 to get it to you. So the waits make sense so every time you request something it takes them a max of 4 months to give them to you maybe even longer when they cant find the papers as I have read from others. So I'm done wishing that things will get faster as scandels are popping Up.

Thanks again to all for your help in my posts.

Sorry Carlie it was submitted for a denial for my TBI car accident, when they did a LOD after my service department had their formal LOD investigation and determined it was my cars defect in the airbag not deploying in 2006. Then in 2014 GM said it was my ignition switch which was the reason why my airbags did not deploy, power steering failure, and power brakes failure. Which had me upset since they told me in 2008 they had no idea what caused my airbags not to deploy. Cannot sue GM since it was prior to their bankruptcy. So my actions are not the proximate cause of this disability but the defect in the car causing the airbag not to deploy is my reasoning for the cue and if they wouldn't have denied my claim in 2011 I would have been able to get the help for my memory I need to function in my everyday life.

NOD filed timely for my one claim but a prior decision was not from my initial claim which was stated the reason for their denial of this current claim of PTSD. My attorney filed Cue on that decision 4 years after it has been made pretty sure as my claims are complicated a DRO hearing will not be coming in soon in Philadelphia. Does anyone know if all the VA drama is speeding up anything with the DRO processing?

My attorney wrote a letter back on April 16, 2014 stating about the my decision from 2011 was cue. Then they gave their response in Nov of that year along with my dependent claim. It was already stated by the VA rating board that they reviewed the evidence and determined my service department was wrong about their LOD. The tiger team made the first decision where it was mentioned on my previous determination from 2011. I was told they don't even make decisions anymore so it wasn't even them that made the review at the regional office , where they explained in my 2014 decision what a CUE exactly was and listed as the evidence that was against me but made no mention from the mechanical defect of my airbags not deploying like my service department mentioned and in the police report for their LOD before deploying to Afghanistan. So now my attorney filed CUE with the DRO option and an informal hearing. Nervous about this whole thing what could change at the DRO level that could even change or am I just wasting my time and lawyers money?

Ok it was my attorney, having an anxiety disorder suck with thinking everyone is out to get you.

So of course I still call the hotline every blue moon knowing they feed you anything so I always call twice in a row to confirm the first call wasn't just BS. And I was told my pending NOD appeal is still that but now its assigned an area which is Philadelphia. I thought being at the regional office still which is where my decision was made at Philadelphia that that is where its been pending the NOD this whole time. So really was that even good news or just what its been all along but just not sitting in a file some where in line but now its finally at the end of the line. So I guess I wanted to know is its been 182 days since my NOD been filed, has it really just been assigned to the Philadelphia DROs? 06/04/2015 Freedom of Information Act / Privacy Act Request der What the heck is this for possibly to delay my Appeal?

I have gotten one but the GM is over with as it occurred 2 years before they filed their bankruptcy and its shields them. Right now their are currently 114 deaths determined the fault of the ignition switch 13 people are left Quadriplegia or Paraplegia and 216 which are lesser injuries resulting up tom 31 days in a hospital, its posted on their GM ignition switch site. I was one of those numbers in the 216 column so they have already told me it was my car which caused my airbag to fail and a few other things. My accident took place while I was on active duty and was determined by my service department to be in the line of duty not due to willful misconduct. Which then took about 2 years of getting better before deploying me overseas. Anyone I served with tell you I had major residual memory problems and should have not gone over but I did got through it moved on got out the military honorably discharged. My name and accident is all over the internet resulting from the ignition switch. Why with all of these resources pointing the mechanical defect in the car does it takes so long with the VA? My attorney elected the DRO review to make it go a little quicker but has been pending my NOD now since Dec 22,2014. Does anyone no what claims that are EP170 mean as far as VACOLS goes?

Citation Nr: 0204210 Decision Date: 05/08/02 Archive Date: 05/17/02 DOCKET NO. 00-09 952 ) This is the exact story as mine except I was a single passenger and my airbag did not deploy because of the ignition switch by GM later recalled 10 years later. And my service department said it was not willful misconduct.