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I have a 6 year old son who I just recently added as a

I have a 6 year old son who I just recently added as a dependent to my monthly disability rating The VA approved him as a dependent but didn't mention or show anything pertaining to him being retroactive to him being born. Am I at a loss for that reimbursement due to my ignorance of not adding him as a dependent when he was born or am I entitled to any time before I added him?

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P. Simmons

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I need information about being improperly discharged from

I need information about being improperly discharged from the military. Thanks!JA: Are you overseas or stateside?Customer: StatesideJA: Have you talked to anyone in the chain of command about this?Customer: Yes and already went through the entire informal, formal board. I also contacted the corrections board.JA: Anything else you want the lawyer to know before I connect you?Customer: What's there name because I've had a bad experience with one and don't want them...

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P. Simmons

Attorney

Doctoral Degree

38,290 satisfied customers
11 for the Dept of the Navy. A fraud, waste and abuse

I am GS-11 for the Dept of the Navy. A fraud, waste and abuse hotline complaint was filed annoyomously, claiming I took a bribe from a USG contractor. I was placed on admin leave during for the course of the investigation and the base turned over the case to the assistant US attorney (AUSA) who was pursuing federal bribery charges. I hired a law firm who specializes in representing federal employees. I paid the firm a large sum to handle the federal investigation (30k) and to get the charges and case dismissed and for the MSPB appeal process (17k). The base then placed me into a non-pay admin leave status. I then had the law firm represent me in the MSPB appeal process. After 2plus years, and in depth interviews of my co-workers and investigation that my legal team conducted, the AUSA closed the federal investigation and declined to charge me of any crime. Big relief for proving no wrongdoing on my point! I then won my MSPB appeal and received back pay and payment of the appeal legal fees. The base has informed me that I am to remain on paid admin leave while they conduct their "in house" admin investigation into the complaint and allegation. To date, I have been on paid admin leave for 3.5 years. Since this case centered around a false accusation which resulted in damaging my professional credibility and reputation (defamation of character); how can I sue the base for these damages??? Also, how can I be compensated for the 30k that was paid for defending against the federal investigation and pending federal charges that was eventually closed and dismissed??

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P. Simmons

Attorney

Doctoral Degree

38,290 satisfied customers
A friend was divorced from his wife several years ago. he

a friend was divorced from his wife several years ago. he was involuntarily honorably discharged from the service after 18 years. the divorce was final the following month. the papers say she is to receive her portion (Seifert formula = 50%) should he "retire from the service." he did not retire. he was involuntarily discharged. he has, of course, not been paying her anything. he receives a VA disability payment as his source of income. now, several years have passed and he has the opportunity to (possibly) have his discharge corrected to "medical" discharge or "medical" retirement due to injuries sustained while active duty. if he is granted the "medical retirement" will he be compelled to pay her half of the retirement pay and half of the "back pay?"

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P. Simmons

Attorney

Doctoral Degree

38,290 satisfied customers
I am a retired Veterans Administration employee. I retired

I am a retired Veterans Administration employee.I retired after 10 years with the VA based on aged requirement.My retirement was approved by my chain of command, and I out processed from the VA.During this time I became sick and did not submit my retirement paperwork to the personnel department until approximately 5 months later.The VA personnel office gave me a retirement date.When I retired I had accumulated almost 248 hours of annual leave and almost the same amount of sick leave.I was never paid for my annual leave nor was my sick leave applied toward my retirement.It has been over a year with me corresponding with VA payment personnel about my pay.They will not pay me.I would like to file a lawsuit against the VA for all back pay (annual and sick) and accumulated interest.Do I have a case?How can I get paid?Thank you

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P. Simmons

Attorney

Doctoral Degree

38,290 satisfied customers
Question about VA disability and divorce. I'm familiar with

Hi, question about VA disability and divorce. I'm familiar with the USFSPA and I realize his VA disability cannot be divided as an asset when settling community property. I believe that the USFSPA generally refers to awarding a portion of future benefits to the spouse. However my contention in this divorce is that I'm entitled to a portion of his retroactive payment. We were married for almost 20 years. He served 8 years in the military. He was awarded back pay for 4 years totaling approximately $100k, $75k after attorney fees. The retroactive payment covered a time when we were married however the decision and payment occurred while we were separated but divorce was not final. So, although I'm not asking for a portion of his future disability payments or any alimony, it seems reasonable and just that I would be entitled to half the retroactive payment just as I'm responsible for half the debt in the marriage-particularly those 4 years when he had no income but was later paid by the VA. Do you know of any court rulings regarding this particular issue-receiving portion of retroactive VA disability payment for a time when we were married?

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P. Simmons

Attorney

Doctoral Degree

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As ex-spouse I was awarded half of military retired pay.

as ex-spouse I was awarded half of military retired pay. Ex-husband was AF Reserve and was eligible for retirement at age 60 which was july of this year (6227) points). October of 2010 he received the 20 year letter but was discharged at 90% disability pay by the AF which was entirely absorbed by a VA offset rated at 100%. I was assuming that he would have his retirement restored by CRDP and the remaining excess of the 90% AF disability would still remain under the VA offset. I applied for my half of the retirement pay 1st july however DFAS sent me a letter stating that he was still receiving disability, so there was retirement to divide.JA: Because laws vary from place to place, can you tell me what state this is in?Customer: KansasJA: Have you talked to anyone in the chain of command about this?Customer: Did a congressional inquiry but a DFAS paralegal repied with a lot of hogwash.JA: Anything else you want the lawyer to know before I connect you?Customer: I suspect that he may not have applied for retirement since his 100% VA disability is entirely about a mental condition

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P. Simmons

Attorney

Doctoral Degree

38,290 satisfied customers
I need to know which forms are required, to file for

HiJA: Hi. How can we be of help?Customer: I need to know which forms are required, to file for compensation and retirement. Note: I went to the Army review board and won my case, therefore, I need to apply for compensation for damages and retirement pay, plus back pay. I was a SFC/ E7JA: Are you overseas or stateside?Customer: statesideJA: Have you talked to anyone in the chain of command about this?Customer: I am out of service. the review board does not have authority to re-instate any service memberJA: Anything else you want the lawyer to know before I connect you?Customer: that should cover things initially, thank you

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P. Simmons

Attorney

Doctoral Degree

38,290 satisfied customers
Military QDRO retirement pension question? I am retiring

Military QDRO retirement pension question? I am retiring soon and need to know some information on whether I will get in trouble for not paying my spouse retirment funds awarded to her in the divorce decree, but I never signed a QDRO and her information was never entered into DFAS, so money after I retire cannot be directly sent to her. Can i get sued for backpay or my retirement docked or did she lose those benefits for not getting a court order and a qdro served before i retired?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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