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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33911
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I was in the military from 74 to 77 always beat up by

Customer Question

I was in the military from 74 to 77 always beat up by military on board a ship put me in the hospital in 2005 I had an operation there were 15 fractures in my spine that were hairline they never found him till then they put 6 pins in my back do I have a case
Submitted: 10 months ago.
Category: Military Law
Customer: replied 10 months ago.
The Marines beat me with their guns until I was unconscious I've had trouble with my back all my life the doctor what he put the pins in my back told me that was a very very old injury that could only be seen through MRI the VA has told me for years there was nothing wrong with my back that they could find until 2005 I went to an outside Dr and he found them and he operated on me
Expert:  P. Simmons replied 10 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? What do you mean by "do I have a case" Marine?

Customer: replied 10 months ago.
I want to know if my rights were violated when I was beaten until I was unconscious can I go back on the military for this do I have a case against the military
Expert:  P. Simmons replied 10 months ago.

Thank you

It is a violation of military law to maltreat a subordinate. So it was a violation of military law for them to maltreat you.

That would be a violation of your rights.

It is not possible to "get back in" nor is it possible to sue the military.

The reason for this is found in the Supreme Court case of Feres v US. This court case hols that you can not sue the government for incidents that happen while you are on duty...your sole recourse is the VA.

And what you are describing you may have a VA claim...if you are still injured because of this you can file a claim with the VA for compensation.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Expert:  P. Simmons replied 10 months ago.

Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Please rate the answer so I may receive credit
Thanks for your understanding

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