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I have filed Compensation as the divorced spouse (widow) of

I have filed for Indemnity Compensation as the divorced spouse (widow) of a deceased marine veteran. Veterans Administration denied my entitlement on the basis of being divorced from my husband on the dates of his death. I submitted Code of Federal Regulation Title 38 regulation siting a divorced from the veteran entitles the person to claim as the surviving spouse as long as the two people were married in a location that recogizned the marriage and/or children were born to the two people. We were married in a state that recogizned the marriage. Section 1102 of CFR 38 also entitles me to claim as the surviving spouse "based on a marriage for any period of time if a child was born of the marrige, or was born to them before the marriage." One child was born a few days prior to the marriage and a second child was born during the marriage. I am seeking representation prior to submitting my appeal to the Board of Veterans' Appeal. Please advise.

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P. Simmons

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My 24-year old son finished Navy Boot Camp and was in pre-BUD/s

My 24-year old son finished Navy Boot Camp and was in pre-BUD/s when he sustained a 25 foot fall landing on back and head with brief loss of consciousness. He did not receive treatment at that time. He then went to BUD/s and suffered two additional head injuries when a boat fell on his head twice. He suffered from dizziness, double vision, memory problems, mental confusion, temporary urinary incontinence and migraines. He could not go on and "rang the bell" in April 2015 and received some treatment. Migraines still occurring 3+ times per week. Will he be medically discharged?

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P. Simmons

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I have a son that joined the CA Army National Guard Reserves

I have a son that joined the CA Army National Guard Reserves just over 2 years ago. He graduated boot camp with high honors and did very well in his unit there. He was assigned to a unit back here in CA and has been attending his weekend drills as required. He was very excited and motivated to move forward with his career in the military. He continued to perform well in his home unit and always looked forward to going to serve.About 6 months ago he started experiencing back and shoulder pain and tried to work through it. As time when on, the pain didn't decrease, it got worse to the point he went to see his primary doctor to see why he was having such pain. The Dr told him he had scoliosis which began as a child and is now starting to affect him physically. He was also diagnosed with Acromioclavicular Osteotherosis in his shoulder.He told his Sargent and his CO about the issue and was put on MND. He continued to drill with his unit for months while enduring the pain. His performance began to decrease and this effected his position and his respect in the unit. As this continued to decline things only got worse and as he opted to pass on weekends to try to recover from the pain his commanding sargents would put pressure on him to attend. He continued to go to his weekend drills until he could no longer handle the harrassment and the increasing pain from being injured from other soldiers during drills.At this point the back pain had increased to the point where it was intolerable for him any longer. He went to see a DR. who specailizes in back pain and injuries to confirmed his condition and to get a second opinion. It was confirmed at that point that he did have scoliosis as well as another other back injuries and he was advised that he should not be in the military in his present state.Recently I found out that he has not attended drill in 3 months and may be considered AWOL. I've watched my son's attitude changed during this time from a happy, motivated, excited to be in the Army young man to a depressed, and unmotived about anything, constantly in pain and a beaten shell of what I know to be my true son. I recently heard from his mother that he's been so depressed about this situation, his now uncertian future and from his commanding officers demanding him to show up to drill where he knows how he will be rediculed and demeaned constantly by his peers and superiors for not pulling his weight that he has sunk into a deep depression and is now suicidal and seeing a psychiatrist to deal with his depression.I can see this in him now, I should have seen it before but I didn't and now that I know what's going on with him I need to help my son anyway I can, so I'm reaching out to see what my best course of action should be from here. I believe this should have been caught by the doctor who examined him before he was allowed to join, but now that it's known, can I get him out gracefully?

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P. Simmons

Attorney

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I need some help please. My mother I was married to a veteran

I need some help please. My mother I was married to a veteran and he past away in 1998 and never remarried she is now 82 and needs help at home. Someone told us today that if she had her late husbands DD214 that she was eligible for someone come in and help her in her home with cleaning washing etc. How can I get this help for my mother?What else is she eligible for if any thing? Any medical benefits?

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P. Simmons

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I had a ELS 14 years ago with an uncharacterized discharge

I had a ELS 14 years ago with an uncharacterized discharge with RE-3 - "Individuals who are not qualified for continued Army service, but the disqualification is waiverable. Ineligible for enlistment unless a waiver is granted". I know that I always listthat I was in the US Army on a application, but on a application if it asks are you a US Veteran? Do I answer Yes or No? Can I upgrade my discharge and Re-Code?

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P. Simmons

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I responded to Mr. Simmons initial answer, and have not

I responded to Mr. Simmons initial answer, and have not received a response

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P. Simmons

Attorney

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Similar question, is a widow eligible . Security and

Similar question, is a widow eligible for Soc. Security and DIC and Pension after age 60 (or some age) ... or do any of these 3 reduce the others. Thank you!

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P. Simmons

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How can I report someone who is fraudulently receiving death benefits soldier? Her

How can I report someone who is fraudulently receiving death benefits for a soldier? Her husband was a soldier and he died several years ago. She remarried another soldier 3 years ago and kept her old married name so they wouldnt stop her widow benefits for herself and her 2 kids. She also takes advantage of extra benefits and free trips provided for gold star families but leaves her husband at home and tells her kids not to talk about him so they can still do fun things for free.

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P. Simmons

Attorney

Doctoral Degree

 
34,196 satisfied customers
Good afternoon My husband serve in the army and in the

Hello,good afternoon My husband serve in the army and in the navy reserve we were married 24 years but he just passed away last month how should I enquire about widows pension or some type of pension

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P. Simmons

Attorney

Doctoral Degree

 
34,196 satisfied customers
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