Mechanical Defect In My Vehicle

[jfrei]

My claim pending NOD I feel will be a long case. But if their is a recall out for the car I was in, and the recall is all over the news even to this day. I received compensation from the car manufacturer for this defect. With all the evidence I have which I didn't have at the time of my initial claim with the cover up for this defect for 10 years would it take so long to admit it may not have been my fault? Seems like they are dragging their feet even though my service department said it was not my fault about 10 years ago as well. Is their anything else I will need to show them?

[Buck52]

sorry, but I don't understand what your asking???

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

[georgiapapa]

jfrei,

Unless the VA provided you with the vehicle, I don't understand what your question has to do with VA benefits. Please provide more information.

GP

[jfrei]

Sorry was in a car accident in 2006 service department said it was not due to willful misconduct in 2010 filed VA claim after End of service and they had their own LOD where they said in 2011 that it was my fault. Then in 2014 GM recalled my vehicle for exactly what had happened when they said they in 2008 said they had no idea why my airbag didn't deploy or my possible losing of my power brakes and steering. I filed my cue right after recall in dec 2014. I have only ever seen one appeal where the car accident was the result of car defect and was curious where is my appeal sitting at ?

[jfrei]

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.

[jbasser]

Did you sue GM/ You will need an attorney. I hope you have one.

Basser

[broncovet]

Im not sure about this, but its possible you could collect from your injuries BOTH from GM AND VA, if you were injured driving the car while performing your military duties.

To get benefits from VA, you must have 3 things:

1. Current diagnosis

2. In service event or aggravation

3. Nexus, or link between the above.

I am unaware of any VA regulation prohibiting you being compensated by BOTH GM and VA. However, your doc would have to opine your injuries are at least as likely as not due to xx injury in military service, so that may be problematic. I just dont know. Get a lawyer.