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?

 

[jfrei]

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

He said he would testify because there was a student who died driving to school that same year because of this defect. And that he believes my proximate cause of my injuries were due to no airbag deployment which was the fault of the defect which could have happened at any moment of the 20,000 miles I had put on this car. As for the reason why they are responsible because of the reason why Tricare was when I was on active duty.# thanks RUREADY

Edited November 9, 2015 by jfrei

[pwrslm]

The fact that the car had a defect is well established.  The fact that you had no business driving the car is also well established.  One does not contribute to the other, so you cant say that if the car you should not have been driving was not defective, that the willful misconduct that occurred did not occur.

 

The only way to resolve this is to go after what ever caused your suspension.  Remove the suspended license, and your misconduct goes away.  The defective car then becomes something beyond your control, and for a VA claim for disability, would be moot at that point

[jfrei]

Its hard to fight something I didn't remember having in 2006 and then when I woke up from my coma I had allot of other things I had to learn before I was physically able to drive anyways. By the time I got out of the hospital my license was reinstated and it was like it never happened I then was charged for my DWI about a year later then losing my license again for 90 days but again the military sent me to training for my MOS as I was cleared by the doctors and my military LOD. After my training I was supposed to continue with the doctors for my TBI, but instead deployed to Afghanistan. I know its to late to go back 9 years and pull off a suspension that's already been fulfilled and it wasn't extended even though it was violated but just fined.

[Vync]

Here are a couple of articles from Nolo.com, but a good lawyer might need to contacted for a consultation and interpretation. Good luck!

Service-Connected Disability Compensation for Accidents Not Related to Combat or Military Action

When Willful Misconduct in the Military Makes a Veteran Ineligible for Benefits

[Navy04]

So then you had a DWI, and wonder about misconduct. I was stationed in New Orleans, so believe me DWI and DUIs are very common there. I was involved with so many Court Marshals there it was ridiculous, and quite frankly I was tired of them. Again no one is taking from the fact that you were in a wreck and injured. Me nor anyone on here would like to see anyone hurt, whether they are braking the law or not. I just don't think that you get the overall picture. A lot of Vets have been hurt in multiple negligent ways to include Drugs, Drinking or Violent acts. The VA or DOD did not wish the hurt on them, yet will battle the Vets toe to toe if they try to seek compensation for what the Service Member caused not the Govt.   The air bag did not deploy, which is a bad thing in itself, but if you were not driving to begin with, no injury or miss deployment of bag would have occurred. What are your current 30% VA for? Is it bad enough that you can submit an FDC for an increase? We are all just trying to figure why you are going after the Govt when it is not their fault.   Are you currently receiving SSDI, or working full time? Are you in such a need for extra income that you are willing fight a hard fought uphill battle? God Bless my friend, and I truly mean that.

[jfrei]

 

I am well enough to get by but need help for my TBI that all I wish is to get service connection give me 0 % I told the DRO just want to get help from the VA. And as for not the governments fault I do blame them for GM because a judge shielded them from all lawsuits against them prior to 2008 since they filed bankruptcy and just recently an additional 900 million dollars to the government to cover any other loose ends. So if the government can hide there skeletons then they can help one put himself back together for his family with care. They can keep there money, healthcare for things related to my TBI is all I want. I've been uphill to capital hill and fought for new safety regulations on the CNN news. I admit to playing a role in my actions but will never admit for an accident I know GM already admitted to me as there fault but cannot touch them because the government has buried there actions my service branch new this and had TRICARE cover my care which got me well enough to serve overseas for this country. I did my part healing then just need more help now again while trying to care for my family. You all keep saying I am going after the government, and I am for covering up GM's action and preventing cases like me like the other 3 marines injured and 1 killed in CA and the  military had their formal LOD and said it was not willful miaconduct. I. Know the va can have their own so what the point for militray to have there's take care of us and use us overswas. Then get out and kick us until we die fighting the va on a point thats already been decided. have not talked to those parents of the LCPL who died. I am sure the VA fought them for the funeral costs or whatever they help with the costs of the deceased not to sure. Sometimes I wish I had died but I am not I will keep fighting with the safety advocates at Capital Hill. I never should have been driving that night fact but it could have happened at any time a kid 1 mile from my accident we bought the same car from the same dealership the year of my accident he was coming home from high school. He died as a member of the army. There is a long list of deaths well over 200 hundred and lots were veterans and military members currently. I am the only one not dead and well enough to stand for our rights and will continue fighting to my death bed and my 3.2cm causing the residuals in my brain.

 

Edited November 10, 2015 by jfrei