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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26141
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Can Veteran sue the military for a wrongful discharge that

Resolved Question:

Can Veteran sue the military for a wrongful discharge that resulted in the lost of the veterans child and the vetern to lose everything they owned?
Submitted: 4 years ago.
Category: Military Law
Expert:  P. Simmons replied 4 years ago.
Thanks for the chance to assist and sorry to bear bad news...but under the "Feres Doctrine" it is not possible for a vet to sue the military for actions that took place while the member was in the service. More info on feres here


http://en.wikipedia.org/wiki/Feres_v._United_States




Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.

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Customer: replied 4 years ago.
Thank you for you time, I Am not concerned abot the things that happened to me when I was active Duty bt after my wrongful discharge is when I lost my son and became homeless. It has since been 3 years and I am now recieving help with my issues. I Am still fighting for my son. Does this still fall under the same thing?
Expert:  P. Simmons replied 4 years ago.
No, it will not. Why do you believe you have a valid suit against the VA?
Customer: replied 4 years ago.

I was sexually abused in the military and then was raped, After the experience I was submitted to The mental ward in the Army hospital, they spent 10 days to discharge me when I was not able to handle the events afterwards. During the process of outprocessing they said I had a personality disorder and denied me health benefite. Becasue of the discharge severity and the fact that the Va would not help me for 3 years fighting for help I became homless and lost everything I owned. My son was taken from me becasue I was considered unfit de to the severity of the discharge. I found out 2.5 yrs later that the whole time I had Military Sexual trama and Severe PTSD. I since then have been recieving help with the VA. I was rated a 50% disability rating, but my doctors have founded me to be unemployable. The military refused to fix my DD-214 and they still have not even applied any true help. I have another child since then and as of right now I am on the verge of loosing her. I have fought for 3 years + to get my son back but the military does not want to take responsibility for the series of events they were at faught for.

Expert:  P. Simmons replied 4 years ago.
As I said, all events that happened while you were in the military can not be used for a basis for suit. I'm sorry for this mes, but the law on this is clear.

As for the VA, if you believe that they have not properly diagnosed your condition or provided you proper treatment or compensation, there is an appeals process. The first step is to file an appeal. The VFW, DAV or other service organizations can help you with this for free. IF, after the appeal, you still believe the VA is not properly resolved you case, then you can sue.


Customer: replied 4 years ago.
Thank you for your time and for giving the opportunity to explain myself. I got the answer I beed looking for, Even through the appeals process I have not gotten the right results and the process is taking more form me then they take credit for. I am definately satisfied witht he answer. I am still not 100% sure about a lawsuite but it would fall under the facts supporting they arent giving the proper help required for my dilemmas. I have put in my appeals and time and time again I have not gotten much good results.
Expert:  P. Simmons replied 4 years ago.
Welcome. Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26141
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
P. Simmons and other Military Law Specialists are ready to help you

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