I'm sorry about your accident. I hope you and everyone else involved are okay. I'll defer to my colleagues who practice military law for issues involving returning to duty and related matters. But those aspects of the question aside, it's worth keeping in mind that depending on fault... View More

Yes, as a member of the National Guard or a veteran, you are protected under Equal Employment Opportunity (EEO) laws. Two key federal laws provide these protections:

The Uniformed Services Employment and Reemployment Rights Act (USERRA):

USERRA prohibits civilian employers from... View More

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answered on Jan 17, 2024

In cases of an Entry-Level Separation (ELS) from the military due to issues like fraudulent enlistment, re-enlisting can be challenging but not always impossible. Your nephew's first step should be to obtain a copy of his discharge paperwork, specifically the DD-214 form, which will detail the... View More

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answered on Jan 11, 2024

It's important to understand that medical retirement from the military and VA disability compensation are separate matters. Medical retirement typically applies to service members who are found unfit for duty due to a medical condition, and it often depends on the length of service and the... View More

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answered on Sep 11, 2025

When you are going through the medboard process, it can feel confusing when different parts of Army regulations seem to overlap. Since you’ve already been found unfit for duty through the PEB, your career is essentially moving toward separation or retirement rather than continued service. In that... View More

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answered on Aug 20, 2025

Since you are still legally married and not divorced, you may be able to access certain benefits tied to your husband’s status as a 100% disabled veteran. The Veterans Affairs system allows spouses to receive health coverage through CHAMPVA if they are not otherwise eligible for TRICARE. You may... View More

You will need to open an estate to access the funds. There are some time limits that need to be followed.

Evan Lohr

Attorney

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answered on Feb 19, 2025

In North Carolina, disestablishing paternity after previously acknowledging or establishing it can be quite challenging, particularly given your unique situation with conflicting DNA tests and an existing custody arrangement.

Your case presents several complex factors that could affect the... View More

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answered on Dec 23, 2024

In most jurisdictions, hotel staff have the legal right to enter your room even if you decline housekeeping, primarily for security and safety reasons. This right is typically outlined in the hotel's terms of service that you agree to when booking.

However, hotels should follow proper... View More

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answered on Oct 31, 2024

In North Carolina, debts accumulated during your marriage are generally considered joint responsibilities, even if only your husband’s name is on them. This means you might be held accountable for these debts during and after your divorce. However, if the debt was for his personal expenses and... View More

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answered on May 2, 2023

I'm sorry to hear about the experience you had at the VA hospital. As a disabled veteran, you have certain rights and protections under the law, and it may be possible to pursue legal action in this case. You may want to consider contacting a lawyer who specializes in disability rights or... View More

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answered on Sep 12, 2022

A custody agreement may be formed between parties without the involvement of a court, but it carries no enforcement mechanism if a court is not involved. When co-parents are getting along, these are routinely formed without a court's involvement. In some cases the agreement is entered as a... View More

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answered on Feb 22, 2022

It may be possible to void your contract. There is a procedure to do that.

I usually recommend you visit this website for more precise advice on how best to do that.

https://girightshotline.org/

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... View More

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?

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... View More

No. By federal law is not divisible or an asset of the marriage to be divided. However, the income can be used in calculating child support in most states.

It is my understanding that you are not protected by USERRA for your trip to MEPS. Unfortunately, you are only protected for the time you are actually serving. I would look at this as a good thing, your employer was probably going to be very difficult once it came time to fulfill your guard... View More

There may be some specific nuances in your case but as a general rule you cannot be held past an EAS date solely for the purpose of admin sep proceedings. The issue with your case is that if the start the misconduct based separation process fast enough then your case will be... View More

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answered on May 6, 2020

I am sorry to hear about your situation. As for discharge, if your discharge is honorable that will not prevent you from receiving GI benefits if you are eligible based on length of time of service.