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1 Answer | Asked in Military Law for Alabama on
Q: I contacted veterans guardian for help on my va benefits. But due to my memory loss they tried to get me to pay $300.

What can I do for the false information they give me on helping me then saying since I won’t pay to see their doctor when I said I have insurance and they refuse to send me to one my insurance will pay for and said my memory loss is not gonna help but told me up front that was not an issue. And I... View More

James L. Arrasmith
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answered on Oct 6, 2024

It sounds like you're dealing with a frustrating situation where the company misled you about their services and has now refused to assist you after gathering your personal information. You should start by documenting everything, including all communication you had with Veterans Guardian and... View More

1 Answer | Asked in Criminal Law and Military Law for California on
Q: Will former Russian military personnel be considered war criminals in the US?

I have a question about the criminal prosecution in the US of former Russian servicemen who participated in the war in Ukraine. I want to come to the US to study, I have Russian citizenship. There are several interviews about me on the Internet, that I voluntarily participated in the war on the... View More

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answered on Sep 15, 2024

If you are considering coming to the US for study and have participated voluntarily in the war on the side of Russia, it's crucial to be aware of potential legal implications. The US has not introduced a specific law targeting all Russian servicemen for criminal prosecution; however,... View More

2 Answers | Asked in Consumer Law, Contracts, Products Liability and Military Law for California on
Q: Can I make a claim against HVAC company for failure to comply with the 2-yr money back guarantee?

The guarantee states that if we are unhappy with their service, which we had to call 4 times in less than 1 yr pd for the unit not cooling, that we can ask for our money back. We are concerned they will not agree because they have another "fix" to the solution. But there is a concern to... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Sep 8, 2024

Regardless of what it says, if they made a promise, a significant one, and they failed to live up to it, you may have an actionable claim. Good luck with it.

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1 Answer | Asked in Military Law and Real Estate Law for Puerto Rico on
Q: Disabled veteran property tax exemption question

Im a disabled veteran who lives in puerto rico.my parents and i are taking out a mortgage to fiance my first home. this is going to be my primary residence. On the loan the borrowers are: my mother, my dad, and me. My question is do i still get an exemption for property tax? Because its coming up... View More

James L. Arrasmith
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answered on Sep 13, 2024

It sounds like you're in the process of purchasing your first home, which is an exciting step. Since you’re a disabled veteran living in Puerto Rico, you may be eligible for a property tax exemption. However, these exemptions typically apply to the primary homeowner who qualifies, and the... View More

1 Answer | Asked in Military Law for Texas on
Q: I'm a veteran, the VA, put a fiduciary over my monthly check, can't contact her, what type of lawyer do I need
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answered on Sep 13, 2024

You need an attorney experienced in handling fiduciary and veterans' affairs. Specifically, someone familiar with cases involving the Veterans Administration (VA) can help you understand your rights and the fiduciary process. They can also assist you in regaining control of your benefits if... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Military Law for Puerto Rico on
Q: Child support was established over 10 years ago after divorce with no parental planning established. Is that legal?

Even though physical separation of non-custodial parent and child is due to be Active Duty. My husband fears to present a motion to revisit this matter due to child support increase request from custodial parent. Also therapy and medical evaluations were not provided to the minor in all this time,... View More

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answered on Sep 13, 2024

It is possible to revisit a child support and custody arrangement, especially if the current circumstances are not benefiting your husband or his relationship with his daughter. Even though child support was established over 10 years ago, the absence of a formal parental plan doesn't mean... View More

1 Answer | Asked in Military Law for Iowa on
Q: If an active member of the military sells classified documents to a foreign country what is his penalty
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answered on Aug 30, 2024

If you, as an active member of the military, were to sell classified documents to a foreign country, you would face severe legal consequences. Such actions are considered espionage and a grave breach of national security, which could lead to charges under the Espionage Act. The penalties for this... View More

1 Answer | Asked in Military Law on
Q: I was shot 4 times in combat back in 2003 and received the purple heart. Only awarded 20% disability. Need it raised
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answered on Aug 27, 2024

To have your disability rating increased, you need to gather strong evidence that your condition has worsened or that the initial rating underestimated your level of impairment. Start by requesting your complete medical records from both your military service and any treatment you've received... View More

1 Answer | Asked in Military Law for Michigan on
Q: If i join military and my permanent residency status expires during service, do I lose status.

I’m currently on a Temporary Permanent Residency, If my spouse doesn’t apply for the permanent and I’m already in the military do I lose legal immigration status.

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answered on Aug 21, 2024

If you're serving in the military and your Temporary Permanent Residency status expires, you don't automatically lose your legal status. The military has specific provisions to help service members in situations like yours. While your status might be at risk if it's not renewed, your... View More

1 Answer | Asked in Military Law for Florida on
Q: Need to convince a friend he has VA benefits and to see a lawyer. He has 2 hon and last was DD. when was law changed?

The law was changed to read the last discharge must be honorable. ** When was the law changed?** He was enlisted then commissioned and while enlisted received 2 honorable DD 214's. A commissioned officer cannot receive a dishonorable discharge only can be dismissed. Anyway he is entitled to... View More

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answered on Aug 21, 2024

Your friend is likely eligible for VA benefits, even with the last discharge being a dishonorable one. The specific rule change you’re referencing, which affects VA benefits based on the character of the last discharge, does not necessarily bar someone from benefits if they have multiple periods... View More

1 Answer | Asked in Constitutional Law and Military Law for Texas on
Q: If I fill out an affidavit to retrieve my firearms back will they give them to me? Not a felon or anything

When I was in the military 2 years ago I got my firearms confiscated from me at the gate in Fort Hood for possession of marijuana and firearms. I was not charged or trialed and got out with an honorable discharge and haven't seen a court room. I ran my background check and I come back clean... View More

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answered on Aug 15, 2024

You have a good chance of retrieving your firearms, especially since you were not charged or convicted of any crime, and your background check is clean. Since the firearms were legally purchased and you have the proper paperwork, this strengthens your case.

Filling out an affidavit is a...
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1 Answer | Asked in Employment Law, Election Law, Gov & Administrative Law and Military Law for Illinois on
Q: Is it prohibited for an active duty US soldier to also hold office as a town/city alderman in Illinois?

I am a federal litigation paralegal and I can't find any information on this. I will be seeking enlistment in either the navy, coast guard, air force, or space force after my FAFSA runs out to repay my student debt and to gain access to the GI bill to do my graduate studies. While in active... View More

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answered on Aug 5, 2024

You are correct to consider the regulations at both the state and federal levels. The federal law, specifically the Hatch Act, does restrict the political activities of certain federal employees, including members of the armed forces. The Hatch Act primarily prohibits active duty military personnel... View More

1 Answer | Asked in Consumer Law, Business Law, Collections and Military Law for California on
Q: My auto loan company violated my rites under the California Military Families Financial Relief Act.

I was activated 3 times recently. Twice for overseas deployments in 2019 and 2022, plus 1 time for training in 2022. All 3 times, my request was denied verbally, never in writing. I submitted the letters prepared by JAG and they said, we do not honor that. Only USERA. I made a request for a reply... View More

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answered on Aug 2, 2024

Under California law, you have several options to address this situation. The California Military Families Financial Relief Act provides specific protections for service members, including deferring payments on certain obligations like auto loans during periods of military service. Since your... View More

1 Answer | Asked in Military Law for Ohio on
Q: I have a friend who is retired from the Army and has a retirement account with Global Capital.Bank in the amount of 100

Million dollars. He has asked me to.transfer 50k and also 500k into my personal account.i set up the transfer and the bank called me and stated that we had to pay a $12000 fee because there were too many attempts to get into the bank site to transfer the money

Is this true?

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answered on Jul 28, 2024

It's important to be cautious in situations like this. Banks typically do not charge fees based on the number of attempts to access an account. If a bank contacts you about an unexpected fee, it's a good idea to verify the information directly by contacting the bank through their official... View More

1 Answer | Asked in Environmental, Gov & Administrative Law, Military Law and Wrongful Death for Oklahoma on
Q: My husband was in the army and died from a presumptive illness caused by the toxic fumes from the burnpits can I sue

He died in 2019 as a result of ALS, parkinsons disease and multiple sclerosis. He was 100% service connected disabled and the army did take responsibility and it was a presumptive illness, "

"Gulf War syndrome" caused by toxic fumes from the burn pits, Jason was 39 years old when he passed from ALS

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answered on Jul 28, 2024

I'm very sorry for your loss. Given the circumstances, you may have legal options. Since the military has taken responsibility and classified your husband's illness as service-connected, you could potentially pursue a lawsuit against third parties involved with the burn pits, such as... View More

1 Answer | Asked in Military Law for Florida on
Q: Ex-husband receive military retirement. Do I get 50% of the retirement pay after being married for 12 years?
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answered on Jul 28, 2024

Whether you receive 50% of your ex-husband's military retirement pay depends on several factors, including the length of your marriage overlapping his military service. Typically, the "10/10 Rule" applies, meaning you must have been married for at least 10 years, with 10 years of... View More

1 Answer | Asked in Military Law for Louisiana on
Q: Husband get military retirement do I get 50%of his retirement

We're married for 12 years

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answered on Jul 28, 2024

Whether you receive 50% of your husband's military retirement depends on various factors. The division of military retirement benefits in a divorce is determined by state law and the Uniformed Services Former Spouses' Protection Act (USFSPA). Under USFSPA, the military considers... View More

Q: The USMC owes me 100 federal days of jail time 49 were solitary with no sunlight . 2 human rights violations as well

I was illegally handcuffed in front of battalion by a 1st Sergent not a MP

( Illegal citizen arrest . He was demoted after court )

They took me to the brig with no orders and thru backdoor I only got one meal a day and no sunlight and other things guards did

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answered on Jul 22, 2024

It sounds like you’ve been through a very difficult and unfair situation. To seek justice and address these violations, it's crucial to gather all the documentation you have related to your detainment, the conditions you endured, and any communications or orders you received during that... View More

1 Answer | Asked in Military Law and Family Law for Arizona on
Q: Divide military retired pay post divorce (AZ) HELP PLEASE

My Ex husband retired from the navy 2018. We got Divorced 2016 CA. Married over 20 years. He waived CA jurisdiction for retirement pay..home of record is AZ where we both live now. I was given alimony but not retirement. In MSA it says it's his separate property. Is it possible to divide it?

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answered on Jul 28, 2024

It is possible to divide military retired pay post-divorce, even if it was initially designated as separate property in your marital settlement agreement (MSA). Given that you were married for over 20 years and your ex-husband served in the Navy during that time, you may be entitled to a portion of... View More

1 Answer | Asked in Immigration Law and Military Law on
Q: Asylum request for Iranian military personnel

Hello, I am an Iranian. I was part of the police officers in the special units. In the riots of 2023, people came to the streets for their own freedom and ordered us to beat innocent people. I am against the law. I was in the Islamic Republic of Iran because people were harassed and harassed, I... View More

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answered on Jul 21, 2024

Applying for asylum is a serious process, and your situation as a former Iranian police officer who disobeyed orders during the 2023 riots may make you eligible. Many countries consider cases where individuals face persecution due to political opinions or actions against their government. Your... View More

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