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Military Law Questions & Answers
1 Answer | Asked in Criminal Law, Federal Crimes, Military Law and Municipal Law for New York on
Q: I am active duty station at Fort Drum. Do I have to report to jusry duty in Mississippi?

I am active duty Army station at Fort Drum, New York. My residence is back in Carriere, MS on the Hancock County side. Is there any exemptment for soldiers stationed away from home? If so, what will I need to do to let the court know?

Tim Akpinar
Tim Akpinar answered on Oct 9, 2021

There are military law attorneys on this forum who have experience with such matters, and they could answer best. But your post remains open for a day, and it is probably best to take some form of action without further delay. You could show the notice to your commanding officer and request their... Read more »

1 Answer | Asked in Military Law for Texas on
Q: I feel like I was wrongly denied the $100,000 Lang disability benefit, do I have any recourse legally

I am a former LANG guardsmen who deployed with the LA guard and was awarded by the VA 100% permanent and total disability for PTSD arising from my deployment and I was denied the $100,000 benefit.. what can I do to follow up about this?

Gregory M. Rada
Gregory M. Rada answered on Sep 27, 2021

I recommend contacting a lawyer that handles VA disability appeals. I assume you are seeking an earlier effective date for your 100% P&T disability, but it is unclear from your question.

1 Answer | Asked in Immigration Law and Military Law for Nevada on
Q: Can someone get their parents their papers even if they have been discharged from the military.

The papers have already been sent to D.C. for processing so they can get their citizenship. This started because of the enlistment into the military and the constant talk with a lawyer. But if the person is discharged, can they still get their parents their papers?

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 13, 2021

Possibly, based on one's military discharge status and other factors. You indicated the parents do have a licensed immigration counsel which should be the best legal route as that professional should be intimately familiar with the case fine, correspondence, case filing and evidentiary case support.

1 Answer | Asked in Personal Injury and Military Law for Texas on
Q: VA FTCA Over Two Years Old

Want to sue

Randy Sorrels
Randy Sorrels answered on Jul 31, 2021

If you are an adult, it is difficult to pursue a medical malpractice claim against the VA that is over two years old. There are some very, very limited exceptions. But for the most part, you cannot win the case based on time issues.

1 Answer | Asked in Personal Injury, Products Liability, Government Contracts and Military Law for Kansas on
Q: Yes I have a question about my case Kolbek v. 3m company. Case number 7:2021cv9491. Filed March 5th 2021 the judges nam

M. Casey Rogers in result of the 3 M earplugs lawsuit personal injury. Product liability. So I have not heard a word on this issue and my tinnitus is getting worse with partial hearing loss.

Tim Akpinar
Tim Akpinar answered on Jul 6, 2021

A Kansas attorney could advise best, but your post remains open for two weeks. I'm sorry for the suffering you're experiencing. If you're represented by counsel here, they would be in the best position to answer. Without knowing the particulars of your case, a general feature of many... Read more »

2 Answers | Asked in Criminal Law, Estate Planning, Military Law and Real Estate Law for Louisiana on
Q: i need an attorney that deals with veteran estate fraud. i was not notified of my grandfather death. it was almost 8 y

he was not given proper burial and he has lot of property in diff. states.

Nina Whitehurst
Nina Whitehurst answered on Jul 4, 2021

Attorneys in this forum are not allowed to respond to you to indicate their availability. They can only answer questions of a general nature. Click on "Find a Lawyer" above and look for a probate attorney in your area. You must initiate contact.

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1 Answer | Asked in Family Law, Adoption, Child Custody and Military Law for North Carolina on
Q: Can I? And how fast can I adopt my younger brother?

I am in the military, and I want to adop my 15 year old brother. He lives with my stepfather and my mother lives in mexIco. I’m stationed in NC and my brother lives in California. How can I adopt him so I could bring him to live with me.

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Jun 19, 2021

The adoption process is a state law issue and if he currently lives in California then you will need to speak with a family law attorney there. Adoption may not even be necessary, depending on the purpose of the adoption. You may able to just have a custody order. You should also research what... Read more »

1 Answer | Asked in Military Law for North Carolina on
Q: I have a question regarding Tennessee national guard

How the state handles issue with the national guard.

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Jun 10, 2021

Unfortunately your question is not clear. What issues do you want to know how the state handles? You mentioned the TN National Guard but it appears you live in NC. Which state are you referring to?

1 Answer | Asked in Family Law, Personal Injury, Legal Malpractice and Military Law for Ohio on
Q: My lawyer signed away my rights without me knowing. Should I sue?

I'm an active duty Marine stationed in NC. I'm from OH. Mother of my child was homeless and on meth so my mother assumed emergency temporary custody. She hired my attorney to protect my rights and then hired herself one by recommendation from my attorney. Both attorneys said for me not to... Read more »

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Jun 5, 2021

Ohio law governs the custody case. If you want to find out if you can sue your lawyer for malpractice you need to speak with a legal malpractice attorney in Ohio. You may also want to consult with a new family law attorney about the order in your custody case. You will need a copy of the entire... Read more »

1 Answer | Asked in Military Law on
Q: NJP restriction question

So I was NJPED and part of my NJP restriction was that I shall not eat food other than in the chow hall. I was on restriction at the time of the incident. I ordered a pizza to my room and canceled it right after after being corrected by a NCO. Due to me canceling the order and never physically... Read more »

Jeffrey Liebenguth
Jeffrey Liebenguth answered on Jun 3, 2021

They could try to NJP you or take the suspended pay for "attempted" breaking of restriction. Depending on all of the circumstances, however, you could argue that you did not have the specific intent to break restriction (e.g., it was just an oversight on your part and you corrected the... Read more »

1 Answer | Asked in Military Law for Tennessee on
Q: Discharged from the army. RE4 code/General under honorable conditions

I was kicked out in 2017. I Have tried everything to maintain a job. however due to the way my head works finding a job that fills the gap of wanting to be apart of group that stops bad people from doing bad things to good people is impossible for me. can’t be a cop, cia, fbi, or a contractor. I... Read more »

Jeffrey Liebenguth
Jeffrey Liebenguth answered on May 21, 2021

There is always some chance, but how much of a chance really depends on the totality of the circumstances in your case, including the reason for your separation. In order for your RE4 code to be changed, you generally first have to petition for your discharge (general under honorable conditions)... Read more »

1 Answer | Asked in Military Law on
Q: Marine corps Sofa license in Okinawa Japan

So I recently had my sofa license in Okinawa japan revoked by the battalion commander. And I was caught driving my car without said sofa license by my NCO not military police. What are the punishments that my command can give me for me as a driver of said vehicle without the license? And what are... Read more »

Jeffrey Liebenguth
Jeffrey Liebenguth answered on May 16, 2021

Most likely an orders violation under Article 92 and/or some Article 134 charge for engaging in conduct that is prejudicial to good order and discipline. If your buddy truly didn't know the situation, he should be alright regarding your driving and license status.

1 Answer | Asked in Military Law for Texas on
Q: If solder had adultery more than 3 years ago at oversea station,and haven't been caught,can get away from charges?

Deployed to Japan for 3 years, have love relationship about one year with local Japanese lady who married to other man. Haven't been caught, came back to US it's been bit more than 4 years. Did not get any trouble about this relationship. I heard most of the adultery charges expires after... Read more »

Jeffrey Liebenguth
Jeffrey Liebenguth answered on May 14, 2021

The statute of limitations is generally 5 years, with some exception that do not seem like they would apply to your situation. Regardless, you should not ever speak of the matter with anyone. Hope that helps.

1 Answer | Asked in Military Law, Adoption and Child Custody for Florida on
Q: My wife is a disabled veteran and has 9 year old daughter. We are looking to try for me to adopt her

The father has not been in her life since she was 1, and has had no contact nor attempted to contact her. I understand that these kind of adoption can cost quite a bit, and given my wife's disability, we don't have that kind of extra money. So I'm asking if there are any pro bono... Read more »

Tami Lane Augen
Tami Lane Augen answered on May 11, 2021

You can actually do this without an attorney if you are unable to locate a pro bono attorney. Here is the link to the forms from the Florida Courts website:... Read more »

1 Answer | Asked in Antitrust, Civil Litigation, Civil Rights and Military Law for Arizona on
Q: girlfriends mom ran some kind of background check without my consent. Finding out a shoplifting case from 5-6 years ago

It was something I wanted private because the case was dismissed. And from what my girlfriend said, "Her mom knows people" and that really puts me in allot of unease.

I guess a useful piece of information is that her mom is in the military, so I'm not sure I'd... Read more »

Sabra M. Janko
Sabra M. Janko answered on May 8, 2021

Criminal records are publicly available. There is no consent required to obtain publicly available information.

1 Answer | Asked in Internet Law, Juvenile Law and Military Law for Michigan on
Q: How can a victim get information on the defendants release information

A year ago my bf went to jail for online solicitation of a minor. I was wondering since my parents filed against him but won't share his sentencing information, how can I get that information as the "victim". I'll be 18 in a month and I was hoping to file a motion to drop the... Read more »

Brent T. Geers
Brent T. Geers answered on Apr 19, 2021

You can likely look up public access records from the court he was convicted in. It's highly likely that a no-contact order with you remains in place through his term of probation or parole. It is also highly unlikely, given your age and nature of the offense, that a judge will grant your... Read more »

1 Answer | Asked in Military Law for Louisiana on
Q: I was in the Army "Active Duty" from 2008-2012, Afghanistan from 2010-2011. How could I benefit from this?
Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Mar 31, 2021

If you are asking about VA Compensation benefits, you can qualify for a monthly payment if you have a current medical condition that is related to your service - meaning it started while in service or was caused by something that happened to you while on active duty. In addition to monthly... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Military Law for Virginia on
Q: Do military police count as “law enforcement”?

I am active duty and live in Virginia where open carry is legal. My question is, a lot of establishments ban open carry unless you’re law enforcement. I’ve seen different things online, but are we still technically law enforcement?

Matthew Crowley
Matthew Crowley answered on Mar 30, 2021

Neither the Commonwealth of Virginia nor the federal government recognize you as a law enforcement officer. You don't have the ability to arrest or do any of the other things that are unique to police powera. That having been said, this is really more about the rules a private entity has set... Read more »

1 Answer | Asked in Military Law for North Carolina on
Q: Can you presume that a 5-17 discharge for a medical reason would also trigger VA disability rating?

Being discharged for "adjustment disorder" and concerned that although its honorable, they will not document it properly and I'll not be entitled to treatment if I need it, or any other VA benefits, like GI Bill or a disability rating. Should I hire an attorney to make sure that... Read more »

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Mar 29, 2021

An attorney cannot assist you with your discharge paperwork. If your discharge is ultimately honorable (not all 5-17 discharges are honorable) then your should be taken through the process of getting a VA claim started.

You should make sure that any medical conditions are noted on your...
Read more »

1 Answer | Asked in Child Support, Family Law and Military Law for Alabama on
Q: my ex husband is being activated for 6 months. he is national guard and we have 50/50 custody.

We do not have court ordered child support. We have been divorced for 2 years and has been activated several times for a period of more than 30 days. Is there a way to get temporary child support while he's away for 6 months? I have tried to ask him about it but he just says he's not... Read more »

Sabra M. Janko
Sabra M. Janko answered on Mar 14, 2021

Each military service requires that servicemembers support dependents. You can ask his military command to require him to pay you a monthly amount. The amount is set forth in service regulations. Usually it is related to the housing allowance amount.

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