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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 32798
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I was injured on a combat tour on Title 10 orders. I am seeking

Customer Question

I was injured on a combat tour on Title 10 orders. I am seeking to understand why my orders were not extended and do I have the legal right to request my service time to count?
JA: The Military Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: I have made a few calls and sent some emails. No responses yet.
JA: Please tell me everything you can about this issue so the Military Lawyer can help you best.
Customer: I was injured on my 2nd tour to Iraq in 2009. I had it documented. I was denied medical care and orders extention. I used my own benefits to seek care. I passed fitness and deployed a 3rd time. My injury worsened and became bilateral. Another 2 years passed without medical, causing injury to my neck and now I am sick most days. I have received a notice to undergo Physical Evaluation Board but I want to know, why is my service time while injured not counting? Isn't the military liable to follow their own regulations under The Tucker Act?
JA: OK. The Military Lawyer will need to help you with this. Is there anything else important you think the Military Lawyer should know?
Customer: Not that I can think of at this time.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Military Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Military Law
Expert:  P. Simmons replied 5 months ago.
Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to helpAlso, if you would like to chat on the phone, let me know and I can make that happen.
Expert:  P. Simmons replied 5 months ago.
I am sorry for this dilemma. But not sure I understand your specific question. What do you mean "time not counted"?
Customer: replied 5 months ago.
I am still a Reservist but no pay/no points due to my injuries as of 28Sept2014. Although both DoD and Air Force regulations state my Title 10 orders were supposed to be extended, they were not. Since that time, I do not earn points or pay while injured.
Expert:  P. Simmons replied 5 months ago.
Thank you...and your question today? I sent the offer to chat on the phone...will that work for you?
Customer: replied 5 months ago.
As much as I prefer to speak on the phone, I cannot afford any additional fees. I just recently applied for unemployability with the VA, which will take time. My question is: how do I enforce the military's own regulations to ensure my service time counts (points)? Since I am going through the PEB process, I want to ensure my service points are properly reflected.
Expert:  P. Simmons replied 5 months ago.
ThanksI am going to opt out and allow other experts to assist you. No need to respond, if another expert can assist they will respond here.I wish you the best of luck
Customer: replied 5 months ago.
I appreciate your time. Thank you.

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