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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34756
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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FIRST NAME: Philip LAST NAME: ******** EMAIL: ************

Customer Question

LAST NAME: ********
EMAIL: ************
PHONE: ************
ZIP: 92584
I am a disabled vet currently rated 100% disabled with the VA. I am looking for an attorney to look into changing my HONORABLE discharge to a MEDICAL discharge.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: california
JA: Have you talked to anyone in the chain of command about this?
Customer: not on active duty
JA: Anything else you want the lawyer to know before I connect you?
Customer: I was discharged in 1993. And I only just became aware of being able to possibly change my discharge. but I believe I have a valid argument where I should have had at least a 50% rating upon discharge.
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 1 year ago.

I am sorry for this dilemma. But not sure I understand your specific question. The attorneys that work on this website can NOT represent you...but we can provide information. Do you have a specific question?

Customer: replied 1 year ago.
what type of lawyer should I approach for representation?
Expert:  P. Simmons replied 1 year ago.

Any lawyer with experience in "military law" can google military lawyer and you will see plenty of folks who practice in this area. You want to select one with experience in filing applications to the board of corrections.

HOWEVER, what you are describing? The board of corrections has no authority to retire you...that is not possible. They (the board) could change the charachterization of service or reason for separation...but they can NOT retire you medically or pay you severance, from a particle standpoint you are likely wasting your money/time making the request (since you will not be eligible for more than 100% VA 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.