jfrei

What over rules what?

16 posts in this topic

So my visit to the RO was ok she explained to me that she had came there with the mindset of deny. But it then starting turning the other she said she could grant my claim but there is one more aspect no ones every looked at until now or just overlooked it with all of the overwhelming evidence going both ways in my claim. I know now that my license was suspended on top of all the other stupid shit I did. Apparently the suspension was up in less then 20 days it was 90 day suspension not for a DUI. She said she just has to ask General Counsel if the Ignition Switch defect in my car over rules everything so that is my question? Will this mechanical defect overrule the numerous facts that I should not have been driving? I also told her that the good thing about her looking into my claim was that I went to my police department where they notified of a member in the army from the same town a kid I went to high school with who crash 10 months before me and no airbags in his case as well. I contacted his family who knew nothing about this recall and I am meeting up with them next week to talk to a friend whose an attorney that deals with GM and finally get them some closure and help this family who is still in morning 9 years later. He was 18 and coming home from school with a seatbelt it can happen anytime it is a proven sad deathly fact thought Id put that out there for all who are angry at me for filing.

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After almost 5 and a half years of going through this, I think that the VA uses "paper, rock, scissors" to determine what evidence is on top.......

Mark

 

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If you get money for disabilities/injuries from the GM ignition switch you wont likely get money from VA from the same injuries.  Its just like IRS.  In a divorce ONE parent gets to claim the child as a deduction, as only one contributes more than 50 percent of the support.  

This is why VA has the "at least as likely as not".  If your injury/disabilities were "at least as likely as not" caused by military service, then they were NOT caused by a defect in GM's ignition switch.  Or, if your injuries were caused by a defective GM switch, then they were not "at least as likely as not" caused by military service.  

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In other words, if your injuries/disabilities were due to a defective GM switch, then you have to try to get compensation from GM, not the VA.  

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I don't think a rater or DRO or whoever has the right to predetermine a claim before they read it?

if you have that in writing that she came to the RO with mindset to deny?

if you have it in writing submit that!  but since you should not been driving...thats the killer!

 

jmo

 

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

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I don't think a rater or DRO or whoever has the right to predetermine a claim before they read it?

if you have that in writing that she came to the RO with mindset to deny?

if you have it in writing submit that!  but since you should not been driving...thats the killer!

 

jmo

 

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

"or whoever has the right to predetermine a claim before they read it?"

Unfortunately, past appearance has been that "something" influences decisions.

The something may be quota's , the desire to meet production, budget, guidelines for bonuses, or whatever combinations exist. 

SOC's and SSOC's sometimes show by inference that the denial justification was made up, and is very far from law, regulation, or reason. 

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