Precedent Opinions

[jfrei]

Citation Nr: 0327446
Decision Date: 10/14/03    Archive Date: 10/20/03
DOCKET NO.  00-16 789 ) DATE
On appeal from the
Department of Veterans Affairs Regional Office in St. Louis,
Missouri
THE ISSUE
Whether the injuries sustained by the veteran in a motor
vehicle accident on December 21, 1997 were incurred in the
line of duty.

This is almost identical as my case except two things my license was suspended but there was a proven defect in the car along with 1500 complaints to the NHSTA and there are all similar complants to what happened. The VA never tried to assist my claim what so ever Is this decision/ precedent opinion binding on the VA?

 

[Navy04]

Driving with an Illegal License is misconduct, that means that you knew not to drive, yet you did. A good friend of mine that I was stationed with was hit by a Drunk Driver and killed while active on a motorcycle. Guess what his Wive was not able to get his life insurance, cause he did not have a Legal License or Motorcycle Training.

[jfrei]

And actually I didn't remember it was suspended until the police had ttold me I still had 20 days left of the apparent 90 day suspension I'm not playing dumb I have no memory of the months before and after I woke up from my coma.

Edited November 8, 2015 by jfrei

[jfrei]

None of this answered my question but thanks for all y'all judgement. Leave it to the VA to make the decisions.

[broncovet]

The case you posted looks like it is the  Board of Veterans Appeals, and no, BVA cases are neither precedential nor binding.

Perhaps Im not understanding your case correctly, but this is how it looks:   

VA uses the "51% rule", which is the same as the IRS.  

In the example of IRS, they allow the parent (in divorced parents) who contributes "more than 50% of the support" to claim the deduction.  If "Dad" contributes 51%, then Mom only contributes 49, and in any case "only one" parent can claim ever claim the deduction.  If both parents try to claim the deduction, then IRS computers will catch it, and ONE of these wont be allowed.  They probably will look at the divorce decree and see which one the judge said gets to claim the child as a dependent.  If the divorce decree does not specify, then the parent with which the child goes to school with will usually decide.  

The VA is similar.  To get Service connection a Doc has to opine, "Its as least as likely as not (more than 50%) that the Veteran's xx condition was caused by military service".  

You have a similar problem, in my view.  Since you indicated you "cashed the check" agreeing a default in GM cars caused your injury, then, by defination, it wasnt ALSO caused by the military service.   If you argue that your injury was caused by the military, then you likely will have to return the money from GM as both would not be "at least as likely as not" the cause of your injury.  

[Buck52]

I can't understand why a police officer would be favorable to you?  unless he/ she just testifies about the Manufactures Defect, but driving with a suspended Drivers License ..looks like that would kill the deal, simply because you should not have been driving  (if it was'' you'' that was driving?)

I just don't see how the VA would be responsible ?

 

 

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

[RUREADY]

http://www.va.gov/ogc/precedentopinions.asp  Haven't had time to search

the decisions but it will give you something to read to ease your mind. Sorry

looks like u already have this link in another post

Edited November 9, 2015 by RUREADY