How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask P. Simmons Your Own Question

P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 27015
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
P. Simmons is online now
A new question is answered every 9 seconds

air force reserve denied line of duty but reassigning me to

Resolved Question:

air force reserve denied line of duty but reassigning me to retired reserve for medical dq... effective 1 june 2013... what can i do and who should i get to reprsent me .. i believe their finding to be in error and my appeal was denied at the wing level and never sent to afrpc
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Believe it was in error why? What was the error...why was it found not in LOD?
Customer: replied 1 year ago.
the reply was that my conditions did not occur nor were they aggravated in the line of duty.. i was in the air force reserves. however my civilian and sva drs did provide documentation and letters to prove the contrary.. these were my same healthcare providers b4 and after deployment. i had submitted medical records with the line of duty that went up to afrpc.. the jag at my base denied some of them and did not let them go up.. (they are lawyers not medical) then hq afrpc denied my lods.. i went to my drs after the initial rejection and that is when they wrote letters outline the diagnosis and connections to the b4 and after... my base denied my appeal and so here we are
Expert:  P. Simmons replied 1 year ago.
Thanks

So did you actually get to the FPEB (Formal Physical Evaluation Board)? Is that where the decided you did not have LOD? Or did the MEB simply say no LOD and not give you a hearing on this?
Customer: replied 1 year ago.
i did not have a formal PEB.. apparantly i signed the form but did not accept or reject a FPEB so they decided not to give me one... and they told me it was too late to request one when i inquired... also this has been a 5 year process...
Expert:  P. Simmons replied 1 year ago.
Thank you. You will now have to go to secaf (secretary AF) through the board of corrections.

One more question...you mention retirement...are you now retired? Will collect a pension at 60?
Customer: replied 1 year ago.
relieved of current assignment and reassigned to the retired reserve section as of 1 june 2013... and yes i am scheduled to pension at age 60
Expert:  P. Simmons replied 1 year ago.
Thank you

You need a layer. As I mention, your next step is going to be appeal to the secretary of the Air Force. You do this through the the Air Force Board for Correction of Military Records (AFBCMR).

A lawyer would be a good place to start. You want someone who can help you present your claim to the AFBCMR and show that there was a mistake made with your record. The AFBCMR has the power to correct errors in records...so they can weigh in here to solve this (assuming you can prove error)

Also, consider filing a claim with the VA (veterans administration)...what you describe, it sounds as though you may have a good VA claim as well. You will have a similar issue...you have to show LOD...but if you can prove that you were in LOD, the VA can compensate you as well.

Make sure you pick a lawyer with experience in both MEB cases as well as with board of records corrections cases.


Let me know if you have more questions....happy to assist if I can
Customer: replied 1 year ago.
oh and by the way i am 100% service connected according to the dept of va.. and i do/did have ratings at the time of my LOD's... in fact some of the LOD's that were denied at the base level by JAG
Expert:  P. Simmons replied 1 year ago.
Then it sounds like you have a good claim Ma'am. Have an attorney with experience in appeals of MEB/PEB proceedings help you file this
Customer: replied 1 year ago.
are you practicing military law, and if so would you be willing/ capable of taking me as a client? i have been having a hard time finding a lawyer that isn't specializing in criminal defense as opposed to MEB/PEB appeals.. my personal email address isCustomerand i am at gmail.com thank you very much for your assistance thus far and i will be giving you the highest rating possible for your help
Expert:  P. Simmons replied 1 year ago.
Ma'am, I am prohibited by the rules of this forum from contact outside the forum (if I were to take you on as a client, that would be a violation of my work here).

There are folks who do this. Most of the ones I know are in DC area (the boards of appeals for several of the services are in the DC area)

I am not allowed a "by name" referral...but do a google search for "peb appeal lawyer"...my results gave several folks I know who do this work.
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 27015
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

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • P. Simmons

    Military Lawyer

    Satisfied Customers:

    11441
    Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Military Lawyer

    Satisfied Customers:

    11441
    Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Lawyer

    Satisfied Customers:

    4035
    Lawyer and current JAG officer.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1149
    Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG
  • http://ww2.justanswer.com/uploads/OR/OregonLawyer/2012-6-20_82836_LarryMugShot16192012.64x64.jpg Lawrence D. Gorin's Avatar

    Lawrence D. Gorin

    Lawyer

    Satisfied Customers:

    488
    Military & Family Law. 30+ years experience. USFSPA pension division expertise.
  • http://ww2.justanswer.com/uploads/LA/LawInfoNow/2012-5-27_195417_JAprofilepicture.64x64.jpg LawHelpNow's Avatar

    LawHelpNow

    Attorney/Lawyer

    Satisfied Customers:

    221
    Relax. Let's work together. Practical solutions.
  • http://ww2.justanswer.com/uploads/rcampione/2009-01-16_181009_bar-rc.jpg rcampione's Avatar

    rcampione

    Military Lawyer

    Satisfied Customers:

    186
    Military lawyer - 5 years to the present
  • http://ww2.justanswer.com/uploads/JAGDefense/2010-02-16_041646_web_pix.jpg JAG Defense's Avatar

    JAG Defense

    Military Lawyer

    Satisfied Customers:

    124
    CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications
 
 
 
Chat Now With A Military Lawyer
P. Simmons
P. Simmons
Military Lawyer
27015 Satisfied Customers
Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.