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Recent military law questions

Can you review my Divorce Decree, Tell me if they can do what

can you review my Divorce Decree, Tell me if they can do what they are ordering me to do. I'm 100% disable W/ VA disability and CRSC. My retirement pay is waved by crsc. Also I want to know if they order me to give my ex. sbp for ever. I can email you the Decree of Divorcee.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

 
17,454 satisfied customers
IS concurrent lump sum payment of CRSC regarded an marital

IS concurrent lump sum payment of CRSC regarded an marital asset for distribution, when that payment is made and for dates following the final divorce, if there has *not* been any reduction of Retirement benefits paid to the ex spouse?

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Lawrence D. Gorin

Attorney at Law

J.D. (Juris Doctor)

 
1,458 satisfied customers
I was given a 15 year retirement from the National Guard due

I was given a 15 year retirement from the National Guard due to failure to meet physical standards for retention. I had just returned from Iraq (2nd tour) and had received a variety of injuries (all VA service connected). I was given the choice of agreeing to a discharge and 15 year letter, which granted me retirement pay at 60 or going to a non-duty related MEB. I argued that all of my listed injuries or medical conditions were the result of active service and in the line of duty. The issue is I will turn 60 next June and will be filing for CRSC, as my VA compensation is greater than my retirement pay will be. However DFAS has 2 copies of my retirement pay eligibility letter. The first mentions USC Section 12731a and c. The final letter was corrected to mention only 12731a. If I have a "c" designator I will be denied CRSC. DFAS stated that they will use the letter I filed with my retirement package. However, an advisor stated that they could end up using either. I am attempting to line up Legal Representation, in advance, in order to fight to have any discrepancy that may need to be corrected, as I do not know how an issue like this is resolved.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

 
17,454 satisfied customers
An army military disabled Purple Heart recipiant of 14 years

An army military disabled Purple Heart recipiant of 14 years is going through a divorce after 9 years of marriage. After his 2nd tour he was seriously hurt during combat. He returned to the hospital in Texas. She had already moved back to ohio with the children. As he was getting his disability paperwork done at the hospital she picked out a house to buy with va loan. She was put on the loan and the deed. When he returned to ohio he had found out that his wife was with someone else. He filed for divorce and now she is wanting the house, the car ( which is being paid for through the bank due to his disability) his motorcycle, half of his pay ( crsc, social security and va disability). She did work 5 years out of the marriage. Child support has already been aplied due to the children also get social security. The judge also ordered him to pay part of her legal fees and more money for child support on top of the monies that are paid through social security. He has not yet retained an attorney but is in the process.

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P. Simmons

Attorney

Doctoral Degree

 
34,216 satisfied customers
I received a 100% (all combat injuries) medical retirement

I received a 100% (all combat injuries) medical retirement from the Army. I've just been rated at 100% permanent and total with the VA. Will I receive both my military retirement and VA compensation?

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P. Simmons

Attorney

Doctoral Degree

 
34,216 satisfied customers
How do I prove my 100% service connected disability (Lung cancer,

How do I prove my 100% service connected disability (Lung cancer, kidney disease membranous glomeruli nephritis) is combat related so I can submit to the CRSC board? I have a letter from the VA stating it is a service-connected disability as a result of service in the Gulf War, I have a letter from my primary care physician that has seen me since I was sent home to die along with a letter stating none of my family members have had lung cancer and the median age for a lung cancer diagnosis is 70 years of age. Only 2% of all lung cancer patients are 45 and under I was 34. Since being medically retired by health has deteriorated and I also have a letter of recognition for the numerous courier runs I did during the Gulf War where numerous scuds attacks occurred. What else do you think I need to prove this is combat related when I was diagnosed after the Gulf War? Any suggestions?

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P. Simmons

Attorney

Doctoral Degree

 
34,216 satisfied customers
I've recently been medically retired from the Army National

I've recently been medically retired from the Army National Guard from injuries that occurred during combat from a IED while deployed to Afghanistan. I received 80% Disability Army and 90% VA. I have 8 Years of service.Would I be eligible for CRSC?

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Marsha411JD

Doctoral Degree

 
18,516 satisfied customers
Does prior inactive service count toward Federal Employee Retirement

Does prior inactive service count toward Federal Employee Retirement (i.e. buying back active service time to combine with civil service time)?

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P. Simmons

Attorney

Doctoral Degree

 
34,216 satisfied customers
Hello Mr. Simmons, I am a 60% Service Connected, Navy E-6 Medical Retiree with 12 years s

Hello Mr. Simmons,I am a 60% Service Connected, Navy E-6 Medical Retiree with 12 years served and was retired as of June 2000.Is there any documented case that could link my condition to a Combat Related Disability? If I was exposed to an unknown chemical while stationed on an Aircraft Carrier receiving Hazardous Duty Pay that caused my service connected disability, and the disability did not present until my return from my first Persian Gulf deployment in 1993, is there any documented case that could link my condition to a Combat Related Disability allowing me to apply for CRSC?

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P. Simmons

Attorney

Doctoral Degree

 
34,216 satisfied customers
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