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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 13564
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Please, I was medically retired from the US Navy July 2000

Customer Question

JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: I was medically retired from the US Navy July 2000 at the required class the advisor told us to select child only and now I live in Florida I paid all SBP payments until last month when my daugther was over 22
JA: Have you talked to a lawyer yet?
Customer: No but I called Navy Rerirement Office for SBP and he stated sorry you where given wrong information but there is no was no way to change to Spouse
JA: Anything else you think the lawyer should know?
Customer: The VA refuses to discuss case with me They paid for (4) spinal surgeries on my neck and Iam in so much pain my pain doctor gives me FEntanyl
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.
Customer: patch 100 mcg every 2 days and dilidaed 8mg every 8 hours
Submitted: 3 months ago.
Category: Military Law
Expert:  P. Simmons replied 3 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 help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry for this dilemma. But not sure I understand your specific question. Do you have a question regarding this??

Customer: replied 3 months ago.
Stacey Gruver(###) ###-####I was told at retirement lecture to select child only for SBP as the entire classroom was. Since my daughter would outlive my wife. years afterwards found out told wrong information about SBP. I paid over 200 payments and just this month my SBP terminated since was daughter was just over 22. I called DFAS Retirement several times I was told you missed thr 2005 open season, which was notified in 2006 about via a US Navy retirement magazine that I only started receiving in 2006. The DFAS Rep. told me I'm sorry you where told the wrong information, but there is no way to change. Now this year the SBP opened up for either veterans whose spouse's died and add new spouse or divorced wives and add new wife if you where divorced before 2015. I have wrote letters ro Representatives and Senators, I get a form letter stating they will look into the matter, than I never get any further response from anybody including the US Navy who's only statement is we are not responsible for spoken errors by their Retirement Course active duty staff. I was retired on August 1 2000 due to spinal combat injuries the VA has fought me about every benefit. I get 10% for thoracic fusion 20% for each knee and 10% for scars. The VA continues to review and state my spine is only going to 10%. In 2007 I switched pain management to a private Dr, Erb in August 2007 to present. I am on more medications than most cancer patients (100mcg Fentanyl Patch every other day Dilaudid 8mg 3 times daily 4 other muscle relaxers, medication for PTSD, and Major Depression seeing a therapist every other week medications including Valium, Geodon, Lamictal, Buspar, Divalprodx, Gabapentin,and FOREVER antibiotics due to spinal rods, brackets and bolts that are infected but had to remain in for structure support. Ihad 4 major spinal surgeries in 2013 where the VA hired Sarasota Memorial Hospital I have the entire back of my neck muscles removed, wore a vaccum seal pump for the entire 5 months along with ports in my neck to self inject several antibiotics. The surgeons cut from my upper throat to cutting my chest plate open to move my heart out of the way for front fusion of spine, then had a 2 foot cut to move a lower back muscle to fill in the open wound then a skin graft from left upper thigh to cover transplanted muscle that shrank 60% so only a very thin slice of skin covers my cervical neck and several bolts, that try to push through the skin. In 2007 Social Security judge started and finished my case in 5 minutes. The two questions is how to get my wife SBP coverage, without she would be homeless even though the US Navy Rep. gave us incorrect information that is almost impossible to change and they are not responsible for any errors or mistakes in filling out the retirement forms. The class was only 30 minutes and we had to rush through with no questions aloud at all. The US Navy Rep. collected our forms never explaining other options about any and all questions. Almost the entire class had at least 20 years service I had 9 years and a couple of months. I only found out I was being combat related early retirement days before class and had no ability know what the retirement process was and was never given correct information.. The entire class but maybe senior members marked child onlyas US Navy Instructor told us to do. The second is finding the correct VA codes for anterior and posterior fusion, loss of entire back muscles of neck, cutting into left middle back to transplant back muscle to neck (which failed), skin graft from left thigh.compleete fusion of spine from cervical, thoracic and lumbar cutting chest plate open with previous ruling of costrocondrudtis, 5 scars right side about 2-4 inches, removal of 2 right ribs to get to spine while on active duty and cemented back into place. VA confirmed severe lack of ability to expand ribs due to pain use of nebulizer daily. over 4 feet of scars around entire body removal and transplant of lower middle back muscle constantly have migraines a pain level 8 to 12 even with medications. loss of use of left hand confirmed by VA happened around August 2002. both knees with VA confirmed arthrritis have moments fall into a coma state if side neck nerves are pinched also loss of urination. started June 2016 several doctors have no reason or cure for this knew syndrome I need help with correct VA codes to file all these seperate injuries directly related to Military Service and VA approved spinal surgery in 2013 performed by Sarasota Memorial Hospital with discharge informed VA have a nurse every day clean wound and after Feb. 27 22013 ER surgery I insisted on using medicare nurses for proper care.Question 1 how to get wife on SBP after navy hadd me sgn and entire classsign incorrect SBP choice. Question 2 Help to get proper codes to file injuries on. Help to fill out forms as a come in and outt of a coma like state at random and loss of use of sexual organ due to medications and nerve
Expert:  P. Simmons replied 3 months ago.

thank you

For the first question, I am sorry to be the one to bear bad news...but you have to wait for the next "open enrollment"...the law in this area is can only switch SBP during such periods.

As for your second question? Its actually complex...I would be willing to talk to you on the phone about this. I have experience filing claims with the VA. I will send the offer. If you accept the offer I can provide my #. I am unavailable today (Thursday) but free all day tomorrow.

Let me know...if you do not want to talk on the phone I will open this up to other experts.

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