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Recent LIMDU questions

I am on LIMDU awaiting shoulder surgery (bicep teniditis,

I am on LIMDU awaiting shoulder surgery (bicep teniditis, labrum repair and rotator cup) which says no transfer due to I am awaiting surgery in a month and then the recovery. I am on pain medicine which I am not to drive and due to the pain increase my blood pressure has increased to 150 over 110 with headaches, dizziness and feeling faint. I put in for a mod to my orders and was denied. I was told my physician a competent authority made the recommendation that I could PCS. However I talked to my PCM, surgeon, and LIMDU board convening authority in which all have said they did not make any such recommendation. Also, my limitations are no pt, or heavy lifting. Physical therapy has not worked nor the steroid shots for my shoulder. I was told by the assignment section to get my surgery at the next command. That will put me into my second LIMDU and my pain is already at an 8 out of 10. What can I do.

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P. Simmons

Attorney

Doctoral Degree

35,656 satisfied customers
I need to find out when the military and the VA were given a

I need to find out when the military and the VA were given a diagnostic code for fibromyalgia. I am having a dispute with the VA about how long I have had fibromyalgia. I believe it was in the spring of 94. The issue has a huge impact on my appeal forVA benefits. My argument is that before they had a diagnostic code, none of my medical records will show treatment for fibro, even though I can show treatments (ie, trigger point work in physical therapy, etc.) that were the direct result of such a diagnosis.Pr Chris

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Marsha411JD

Doctoral Degree

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I was served 16 yrs in US Navy First Class Petty Officer and

I was served 16 yrs in US Navy First Class Petty Officer and lost my privilege to reenlist during that time and I do not get any compensation from the US Navy, i have been NJP or Captain Mast due to taking responsibility for the lost of flashlight but Honorably discharged with an RE-4 code. Prior for my 2 consecutive captain mast I got stroked and fly me in Okinawa Naval Hospital and LIMDU for one year. Now I got a 100% disability.I just make story short, for my question because there is a 15 yrs retirement instruction came out before they discharge me. How can I get compensation from my service? Can I qualified for the 15 yrs retirement? Can you help me out?

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P. Simmons

Attorney

Doctoral Degree

35,656 satisfied customers
My son joined the US Navy in June 2008. He is currently in

My son joined the US Navy in June 2008. He is currently in the process of being separated via a Medical Board. He has been diagnosed with PTSD/non-combat related and Severe Depression. The PTSD was diagnosed by Military Source One in late 2011 and his command was notified. Nothing was done by his command. He received counseling from Military Source One for months after their diagnosis. In July 2013, he ended up in the Emergency Room. His wife felt he was suicidal. He was kept in the hosp for two weeks, maybe a little longer, in the psych ward. During that time, he was 'officially' diagnosed with PTSD. He was prescribed 'mind altering' drugs and has attended counseling from military Dr's since. When he was put on the drugs, he lost his NEC. He was transferred to LIMDU because he was no longer rated to do his job. He re-enlisted in 2010, I think, and received a bonus. He is now required to pay that bonus back. He was Masted in Oct 2013, accused of sabotaging a start-up procedure months before. He has memory loss and also doesn't retain information very well, due to the PTSD, and could not, honestly, recall what had happened. He was stripped of rank and pay and was put in detention for 45 days. He had his Med-board and they found him 90% disabled. He is supposed to separate in 90 days. I have an arm long list of questions, but what I wish to ask here is, can he sue the Navy for their part in aggravating and ignoring the diagnosis of PTSD from Military Source One 2 1/2 years ago, and would that, possibly, enable him to get his Masting overturned and his rank re-enstated? And would he also be able to appeal the bonus recoupment?

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P. Simmons

Attorney

Doctoral Degree

35,656 satisfied customers
I am placed on LIMDU status and have 100% and due to medically

I am placed on LIMDU status and have 100% and due to medically retire in Aug. But I am charged with vandalism or aiding in it. I want to fight this because all of my benefits are riding on this. Can they take away all of my benefit due to a charge but not conviction? My command is trying to take it over from the base. I am Navy, 10 yrs in.

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Marsha411JD

Doctoral Degree

18,946 satisfied customers
Good Morning, Ive just received word Im rated at 100%

Good Morning,I've just received word I'm rated at 100% VA, and also 100% DOD...as well as being classified as "Permanently Disabled", or PDRL? All of my "rewards" are service connected as well (TBI, PTSD, Scars, Headaches, etc, etc..). I've also served 14 and some change years active duty (1999 to 2013).My question is...what will my compensation be, monthly? I'm currently single, with no dependents. I'm also already out of the Marine Corps (honorably discharged Oct. 1, 2013)...and am wondering how the 100% DOD will work? Will I get an actual severance pay, even though I'm already out?Any insight would be greatly appreciated!R/*Confused*

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P. Simmons

Attorney

Doctoral Degree

35,656 satisfied customers
I am active duty Navy with 19 years 5 months service, currently

I am active duty Navy with 19 years 5 months service, currently on LIMDU. My 1st period of LIMDU ends in December and I have a FLTRES date (message of intent received) of 30 June 2014. Just before going on LIMDU, I got 3rd BCA failure in 4 years. Is it possible that I could be separated without benefits prior to my FLTRES date? Thank you for the help!

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P. Simmons

Attorney

Doctoral Degree

35,656 satisfied customers
I just spoke with my CO who has refused to process my Approved

I just spoke with my CO who has refused to process my Approved Limited Duty paper work for the last 8 months. Effectively holding me, tied to the command even though they cannot use me at the command. He has kept me listed as Full Duty and on sea duty. I filed an Article 1150 against the oic for this. The CO said he will place me on limited duty NOW. BUT starting on day1 of the first period ( i am already supposed to be two months into my second period of limited duty). He is also extending my EAOS 6 months without my approval. I am supposed to be separating on 14 Aug of 2013. He said he kept me listed as sea duty so that I could continue to get my special pays, which have totaled $6320.00 in the last 8 months of his holding me. Can any of this be used against him to get him to do what he has supposed to do for the last 8 months? Isn't his lying and keeping me listed as full duty on sea duty defrauding the government of money or mis appropriating it? Anything in anyway?

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Marsha411JD

Doctoral Degree

18,946 satisfied customers
I found out that I am a suspect in an Ncis investigation a

I found out that I am a suspect in an Ncis investigation a few weeks ago when I was inquiring as to why my command is refusing to process my limited duty paper work. Can I be placed on legal hold with out being told of it and or without signing any paper work? The investigation has apparently been ongoing for 7 months. My EAOS is in 2 months. if they do put me on legal hold, How long could they possibly hold me past my EAOS? One of the charges is false official statement. They said because my story does not match other people's. how can they charge you for other people saying something different?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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