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What over rules what?

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jfrei

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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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  • HadIt.com Elder

Actually since you were in the miltary GM has nothing to do with the VA, You were active duty and through no fault of your own you had an accident. Sounds like you got written up by Barney Fife as a result of the accident. Now the GM defect caused the accident (Sounds like an Ignition Switch issue).  

Is the VA saying you were negligent? If so they need a Knot jerked in them. It is GM's fault and you are an innocent victim. Now the VA  needs to comp you for you for your disabilities caused by the accident.

Edited by jbasser
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The law says you cannot collect on a Feres FTCA Tort claim as well as VA comp. You can offset the Feres and begin collecting VA comp after you exhaust the Feres funds. As for GM, I do not see the correlation. As for collecting on both counts. if you are injured in the service you get comp. period. If you get anything out of GM, that is not another settlement with the Govt. The law simply says you cannot "pyramid your winnings" from two sources-say the Army and VA. This is why you have  to sit out any winning financial settlement from the military at discharge for a medical payout until it is satisfied dollar for dollar before collecting VA comp.

Here's another interesting VA fact. Only the military can make a finding (and usually does) re willful misconduct or LOD. VA cannot by law, reach back into military jurisprudence and make a post hoc judgement. If the Milrecs are silent for Willful Misconduct, VA cannot make that determination in the first instance. LOD is identical. If there is no mention either way, it is to be presumed it was LOD. VA gets busted on that about five times a year.

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Wow thanks for the lesson Military had theirs and said no already back in the investigation in 2008. And paid Tricare back some of the care roughly 100,000 out of 300,000 which was about what they took out of my settlement to call it even in 2008 but continued covering my healthcare for my TBI until my separation. Which in my separation package that said on my exiting paperwork VA was evaluating the TBI. Which I thought that meant just to see what the residuals left are not deny my claim for doing there own LOD.

Edited by jfrei
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