Forensic report

[jfrei]

I have gotten some tips but am curious why at the RO when you have gotten a Forensic report done by an engineer with help from a the police officer would that not be enough for a R.O. to change their decision? And how much weight is that against the VA LOD decision which was already against my Service departments decision? Obviously I missed details when explaining my issues to you all. But I have all this evidence on my side even Ms. Hickey was looking into it helping me out and scheduled my DRO hearing in two weeks. And then the DRO had to go to general counsel who took weeks to answer, and said deny because of my license suspension. So while I waited those weeks I got this forensic report done by an engineer working with the police department in charge of my accident in 2006 and the engineer team showed that the accident would have occurred regardless of my suspension  and could have occurred any of the 19000 miles that were on the vehicle while driving to the base or where ever they occurred So what else is there needed if you been following my claim that I could show? I wish to show you the report but I cant block out my first name. Does it really matter?

Edited December 2, 2015 by jfrei

[broncovet]

It matters in that if you give "general" details, we can at best give "general" advice.  If you want "specific" advice, then you need to post "specific" details.

 

Have you been denied benfits based on the VA's dispute of your Forensic report?  

Have you appealed the decision?  What were the reasons and bases for denial?

Did the VA not consider your forensic report credible?  Was the report listed in the "evidence" section?  Did they give a reasons and bases as to why they considereded this report as unpersuasive.  

Generally, you want to appeal the decision by filing a Nod within a year.  Also, generally, you want to make sure they considered your favorable evidence, one way is by ordering a copy of your cfile, and seeing if your evidence was there.  

If your favorable evidence was not there, you can reopen due to N and M evidence under 38 CFR 3.156

If your favorable evidence was there, and the VA did not address it, you can cite a Colvin violation.  

Dont feel like the lone Ranger, VA denies 85% of the claims on the first go around.  Upon appeal, about 46% are remanded to the hamster wheel like mine, or about 21 percent are denied.  If denied by the BVA, you can generally get a lawyer to represent you at the CAVC.  So, you have about 80 percent chance of at least a remand, or better, if you timely appeal.  

Edited December 2, 2015 by broncovet

[jfrei]

The report was just finished on Monday and it had many new findings one being the black box was destroyed by GM. Officer *******’s report indicates that the front of the Cobalt had 17 to 20 inches of intrusion from the impact with the tree. The officer also noted that at the time of the crash, I was driving on a suspended license, intoxicated and 20 years old. Officer ****’s report concluded that Mr. ***** was violating several Commonwealth Codes at the time of the crash but does not indicate if these were the sole factors that contributed to the crash. 7 pages later of details and then this is one of the conclusions • Based upon the information available, it is not possible to eliminate a failure of an admittedly defective and later recalled vehicle system(s) as a contributing factor to Mr. ***December 2006 crash.  There is no more evidence to bring to light GM has destroyed all the evidence of the car I could get more forensic reviews but they will just repeat what this experienced engineer found. The DRO just reviewed it Monday night and I am awaiting her answer as to what she has decided I have never been so nervous her coworker read my report in shock and hinted its equipoise but she might not be allowed to grant it still so she will issue a SOC. How can she issue that when everything she would deny it Is listed in the report as to not the sole factor?

Edited December 2, 2015 by jfrei

[Navy04]

I am truly sorry for your wreck and what you have gone thru in Life. But again I just don't get where you and the Police stated that you broke the Law and want the VA to Compensate you. You chose to Drive Illegally and Drink, sorry to say but that is on you. I had a Simple throat Procedure when I was Active, and it was Performed by AF DRs, well they messed up and almost killed me. I had to have another emergency surgery, 1st Blood Transfusion, and a few weeks in Hospital while my 2yr and baby girls were worried at home with my young wife, and I was 28 at the time. Well the VA noted that it was a Botched Surgery, and I have a 10% For Cranial Nerve Damage. Basically my Wife could have sued the Military, and I go after the Military or VA, but I decided to leave it be, as I am glad to be alive. Even though you drove Illegally and Intoxicated, but somehow believe it was someone else fought, then you need to Fight GM not the VA or Military. That is why there is such a Dang Back Log thru the VA, because of Claims like this. No one is denying your struggles in Life.    Do you Work, or Collect SSDI?  Have you resolved your Alcohol issues, or do you need any other form of help?  Just seems that you are Hell Bent on going after the VA, instead of Resolving these Issues.  Good luck my Friend, and God Bless

[jfrei]

As I have said before I would go after GM if I could but since they paid the government 900 million dollars all was good in the governments eyes. It was a known defect when they sold me the car but the government took  the responsibility from GM and needs to deal with the consequences of me still breathing for which I do thank the lord every day. I don't need to fight the military because they agreed with me and took  care of my recovery for 4 years after my accident with the help from Tricare. I resolved the alcohol issues and have served the remainder of my term but sadly got out because yes I was healed physically my memory never was the same again. I can work on  aircraft because you work with a book to never forget steps it how the FAA works fortunately for me I work the same way. But anxiety has made me paranoid and then finding out I still have a 3.2 cyst in my brain from the accident will plague me with fatigue for the rest of my life means I still need current treatment. Obama care is not as much help as I wish it could be and just want help. I told them keep the money just grant me service connection so I can get treatment for my TBI. I want no money just medical attention because I tried doing it on my own and cannot afford the constant occupational therapy, MRIs, and just the small things needed to continue living with my wife who cannot stand this battle with the VA. The military said it was their respnsiblity to take care of me and so should the VA. The backlog is there because of there lack of resources in aiding there decisions in claims. Do not be mad my claim it is what it is my LOD by my service department which was there duty should have been enough not this forensic report I just paid to get. The report was just the top of the avalanche ready to start moving and now I wait I am sure for a SOC from the DRO to start a real appeal.

Edited December 2, 2015 by jfrei

[GuaymasJim]

ffrei,  Like other posters, I believe that you will have a hard, or most likely impossible job, in getting this SC for this.  You have run into a bad spell to say the least, but some of it is of your own doing (sheer luck allowed me/others to avoid some of the problems your having, so please don't feel that anyone here on hadit is ragging on you).  Given the DUI and suspended license, I doubt GM or any court/adjudicator would look favorably on your claim. Depending on your financial condition and your dates of service, you MIGHT qualify for a pension.  You have to have served during a period or war (but not necessarily in the war itself) and have an income below the federally established poverty level.

If you want to post a document without ID infor, just make a copy use a marker to blacken out the info you want concealed, and then scan the redacted copy into an Adobe .pdf file and upload.

I hope that you have run your GM problems past a qualified attorney.  If you haven't, then most certainly do so.  Most offer a free consultation and there is really no limit on how many attorneys you can contact.