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Military Law Questions & Answers
1 Answer | Asked in Military Law for California on
Q: I'm trying to find out how I can get my Disability severance pay. Discharge:1988. Discharge upgrade to Honorable 2021.

In June 2023, I had a Physical evaluation board hearing and the result was Disability separation with severance pay. I received a letter dated 12-14-2023, that stated paperwork reflecting the new order: disability separation with severance pay, had been sent to the Defense Finance and Accounting... View More

James L. Arrasmith
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answered on Oct 11, 2024

It sounds like you've already taken important steps by attending the Physical Evaluation Board (PEB) hearing and receiving confirmation that your paperwork was sent to the Defense Finance and Accounting Service (DFAS). Since you've had difficulty reaching DFAS, one option is to send a... View More

1 Answer | Asked in Criminal Law and Military Law on
Q: If during a polygraph, you made an admission of something that could fall under article 134, can the military prosecute

Even if they have nothing to prove you actually did it?

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answered on Oct 11, 2024

If you admit to something during a polygraph that falls under article 134, the military may take your admission seriously. Even without additional proof, such admissions can be used as part of their investigation. It's important to understand that an admission alone can initiate disciplinary... View More

1 Answer | Asked in Military Law for Utah on
Q: How do I contest a will
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answered on Oct 11, 2024

Contesting a will involves challenging its validity in court. You should start by reviewing the will carefully to identify any potential issues, such as signs of undue influence, lack of mental capacity, or improper execution. It's important to gather any evidence that supports your concerns,... View More

1 Answer | Asked in Workers' Compensation and Military Law on
Q: What's the rank in the military
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answered on Oct 8, 2024

Military ranks are structured hierarchically to establish authority, responsibility, and order within the armed forces. While specific ranks and their titles can vary between countries and different branches of the military (such as the Army, Navy, Air Force, and Marines), most military... View More

1 Answer | Asked in Criminal Law, Civil Rights and Military Law for Massachusetts on
Q: if a person has been incarcerated for three months without being indicted are they still allowed to hold him?
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answered on Oct 6, 2024

If someone has been held for three months without being indicted, that could potentially violate their rights under both state and federal law. In most cases, the government is required to indict or formally charge a person within a specific period of time. In Massachusetts, if you’re being held... View More

1 Answer | Asked in Military Law for Ohio on
Q: My divorce 41 years ago didn’t award ex any of my future military pension. Ex has been attempting to get my pension.

Divorce was in Summit County, Akron Ohio. I now live in Atlanta Georgia area and ex lives in Dayton Ohio. Marriage overlapped 9,1/2 years service.

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answered on Oct 6, 2024

If your divorce decree did not award any portion of your military pension to your ex-spouse at the time of the divorce, it is generally difficult for them to claim it after the fact. In Ohio, courts usually make final rulings on division of assets at the time of divorce, and retroactively reopening... View More

2 Answers | Asked in Military Law for Nevada on
Q: How hard would it be for me to legally dodge the draft?

Here is the relavent info about me to this.

1. I am a Communist, who has written numerous widely publicized articles criticizing the government and US involvement in Yemen. I also wrote an article advocating gun rights on the basis that citizens need the right to bear arms to protect... View More

Jennifer Setters
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answered on Oct 3, 2024

Every case involving draft evasion or exemption is rather unique; the intricacy relies on several personal and legal aspects. Given your circumstances, political views, mental health history, and medical disorders like autism could all possibly affect your draft eligibility.

Political...
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1 Answer | Asked in Contracts, Employment Law, Government Contracts and Military Law for Arkansas on
Q: My 19 YO son enlisted in the Army. He signed papers for 4 years active duty. Has not passed AVAB yet. What can he do?

My 19 year old son enlisted in the Army. He signed papers for 4 years active duty, 4 years reserves. He hasn’t even passed the ASVAB yet. His recruiter is awful and won’t answer phone calls or texts most of the time. He has my son going to a 3 week study class to help him score better on the... View More

James L. Arrasmith
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answered on Oct 6, 2024

Your son still has some options, even after signing his enlistment contract. Since he hasn’t passed the ASVAB yet, he hasn’t fully qualified for service, and this may give him some flexibility. He could work with his recruiter or someone higher up to explore if there’s a possibility to delay... View More

1 Answer | Asked in Criminal Law and Military Law for Alabama on
Q: If you go awol in basic training for around 150 days, is there any way you can get discharged earlier than your serving
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answered on Oct 6, 2024

If you've gone AWOL from basic training for 150 days, you're likely in a serious situation. Being AWOL for that long can escalate to desertion charges, which might lead to court-martial or other severe penalties. The military takes these situations very seriously, and the consequences can... View More

1 Answer | Asked in Military Law for California on
Q: Can you refer me to a lawyer to sue ssvf non profit for not following grant guidelines marine corps veteran oakland ca
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answered on Sep 24, 2024

If you're looking to pursue legal action against a nonprofit for not following grant guidelines, it's important to find a lawyer experienced in handling cases involving veterans' rights and nonprofit organizations. As a Marine Corps veteran in Oakland, CA, you may want to explore... View More

1 Answer | Asked in Military Law for Maine on
Q: I need a military lawyer for myself. I am mentally disabled and homeless. I really need help .

I believe I have a case against a woman who scammed me for over five years.

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answered on Oct 6, 2024

It sounds like you're going through a very difficult time, and it's important to find the right legal support to help you with your situation. If you feel you’ve been scammed, you may have legal grounds to take action, and there are resources that can assist you even if you are facing... View More

1 Answer | Asked in Military Law for Maine on
Q: I need a lawyer to take my case.

I believe I was in a committed relationship with a woman for over five years. I believe she was in the army and I think I can prove she was. I sent staggering amounts of money to her in this time. All ways. We communicated on different sites

James L. Arrasmith
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answered on Oct 6, 2024

It sounds like you've been through a difficult situation, and it’s important to take steps to protect yourself. If you believe you’ve been scammed by someone posing as a member of the military, it’s critical to gather all the evidence you can, including records of your communications,... View More

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

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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

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