Military Law

Have military law questions? Ask a military lawyer.

Ask a Lawyer,
Get an Answer ASAP!

If the military retired me erroneously while in a line of…

Customer Question
If the military retired...

If the military retired me erroneously while in a line of duty status for injuries, does constructive service apply if no benefits were paid in the LOD status?

Lawyer's Assistant: Are you overseas or stateside?

Stateside

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

Yes.

Submitted: 7 months ago.Category: Military Law
Show More
Show Less
Ask Your Own Military Law Question
Answered in 1 minute by:
10/4/2017
Military Lawyer: P. Simmons, Military Lawyer replied 7 months ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 15,159
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified

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

Ask Your Own Military Law Question
Military Lawyer: P. Simmons, Military Lawyer replied 7 months ago

I am sorry for this dilemma. But not sure I understand your specific question. Some context may help...what is going on?

Ask Your Own Military Law Question
Customer reply replied 7 months ago
I was released from active duty and placed in the Line of Duty program 14 months later. Before I was able to get incapacitation pay, the service retired me. There was no medical evaluation board board at the six month period nor pay.
Military Lawyer: P. Simmons, Military Lawyer replied 7 months ago

Thank you

So you were a reservist? On active duty

And retired how? Medically? For years?

Ask Your Own Military Law Question
Customer reply replied 7 months ago
Reservist released from active duty. Retired 22 years. No medical retirement. I refused to sign the DD214 because I disagreed.
Military Lawyer: P. Simmons, Military Lawyer replied 7 months ago

Ok...I am still unclear on this...Can you speak on the phone? This would allow me to address your concerns directly. There is a nominal additional charge ($5). I do not time my phone calls...we can converse until you receive the information you need.

If you are unwilling to speak on the phone I will opt out of this question and allow others to assist, if they are willing.

Ask Your Own Military Law Question
Customer reply replied 7 months ago
I'm unwilling to speak on the phone. Could you get someone else to assist?
Military Lawyer: P. Simmons, Military Lawyer replied 7 months ago

I will opt out...perhaps someone else will spend time with you. That I have no control over.

I wish you the best

Ask Your Own Military Law Question
Was this answer helpful?
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 15,159
15,159 Satisfied Customers
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

P. Simmons is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

P. Simmons

P. Simmons

Military Lawyer

15,159 satisfied customers

Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

Allen M., Esq.

Allen M., Esq.

Lawyer

5,188 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

1,828 satisfied customers

Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

LawHelpNow

LawHelpNow

Attorney/Lawyer

223 satisfied customers

Relax. Let's work together. Practical solutions.

rcampione

rcampione

Military Lawyer

187 satisfied customers

Military lawyer - 5 years to the present

JAG Defense

JAG Defense

Military Lawyer

124 satisfied customers

CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications

Paul

Paul

Lawyer

48 satisfied customers

Oklahoma lawyer. Over 10 years in the military.

< Previous | Next >

Related Military Law Questions
My current husband retired and I was married to him for more
My current husband retired and I was married to him for more than 10 years. I have files do divorce and requested my part of the retirement and a new is card. He refuses to respond. Please guide me in… read more
P. Simmons
P. Simmons
Military Lawyer
15,159 satisfied customers
My mother was married to a retired veteran who died 11 years
My mother was married to a retired veteran who died 11 years after they were married. In the end they were estranged and he moved from Florida to Illinois. He told his family they were divorced which … read more
Ray
Ray
Lawyer
Doctoral Degree
32,605 satisfied customers
I am a retired National Guard MP. I recently had a neck
I recently had a neck surgery that ended up giving me a staph infection to the bone. I almost died. I have been in the hospital for eight weeks on IV and I biotics. I have a case against negligence on the doctors and hospitals end and I want to pursue a negligence lawsuit against two doctors two hospitals and a Physician Assistant. I'm in Idaho … read more
P. Simmons
P. Simmons
Military Lawyer
15,159 satisfied customers
I have been married with a retired military man for already
My name is***** have been married with a retired military man for already 25 years. We got married in 4/23/1993. We separated in 01/2001 but stayed married. I have been under his health insurance plan. Or son is already 24 years old. We are talking about finally getting devorced. … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
I am a former spouse of a 23 year retired army National
I am a former spouse of a 23 year retired army National Guard major. I was awarded half his retirement pay in our divorce decree. I have been told by DFAS that he has to file for retirement before I c… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
My ex-husband is retired military and I receive part of his
My ex-husband is retired military and I receive part of his pension and medical coverage. I understand that should I re-marry, I will lose these benefits. Can I have a civil ceremony and be able to ke… read more
P. Simmons
P. Simmons
Military Lawyer
15,159 satisfied customers
My husband just retired after 30 yrs in miilotary rank
My husband just retired after 30 yrs in miilotary rank MAJOR . He committed adultery prior to retiring. Can JAGv offices assist me the federal civilian employee drafting separation paperwork. He retir… read more
P. Simmons
P. Simmons
Military Lawyer
15,159 satisfied customers
Military lease info. Georgia. He's retired. No ma'am
Military lease info JA: Because laws vary from place to place, can you tell me what state the property is in? Customer: Georgia JA: Have you talked to anyone in the chain of command about this? Custom… read more
P. Simmons
P. Simmons
Military Lawyer
15,159 satisfied customers
If I'm entitled to my ex husbands military retirement
If I'm entitled to my ex husbands military retirement income. Would I be entitled to arrears owed from time of his retirement up until the time of divorce … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
When i retire in the civilian world, do they count my years
When i retire in the civilian world, do they count my years in active duty in the military toward my pension. Or is there certain contribution i need to make in order to make them count… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,828 satisfied customers
I just retired in December 2017. I am receiving my
I just retired in December 2017. I am receiving my retirement pay and receiving VA benefits of 90%( I get two checks and did not have to offset anything) Do I rate CRSC? I have combat related disabili… read more
P. Simmons
P. Simmons
Military Lawyer
15,159 satisfied customers
I'M entitle to half my of ex husband military retirement. I
I'M entitle to half my of ex husband military retirement. I found out he only give me about 25%. How do I go about getting the rest of the money due. … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
I am a retired Marine and my wife and I have been separated
I am a retired Marine and my wife and I have been separated for 10 years now and are filing for divorce. I am told that I have to pay 50% of my retirement income to my wife. If this is the case, does … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
I am a retired Air Force Chief Master Sergeant. I retired in
I am a retired Air Force Chief Master Sergeant. I retired in May of 1974. When I retired I did not transfer my medical records to Veteran Administration but kept them at Earling Berquist Hospital at O… read more
P. Simmons
P. Simmons
Military Lawyer
15,159 satisfied customers
I am a retired USAR officer, aged 52. I am a retired USAR
I am a retired USAR officer, aged 52. Stateside. My question is in regards ***** ***** possibility of obtaining dual citizenship between the US and the Republic of Ireland. I live in the US, and would most likely continue to live in the US. My question is about if obtaining dual citizenship could impact my ability to collect my retirement pension. … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
Is there any way to accellerate the retirement schedule? For
Is there any way to accellerate the retirement schedule? For example, is there any "hardship" service - say a duty assignment in North Korea - that would make it possible to retire after 18 years of m… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers
What is an ADSC waiver for retirement? Stateside. No not
No not yet, I am looking into requesting retirement in lieu of demotion and per AFI, if approved it will be on the first day of the fourth month after initial notification of demotion action . I need a little more than four months because I just initiated the process to buy back my military time to apply towards my federal service time. I been told that process takes four months or a little more. … read more
P. Simmons
P. Simmons
Military Lawyer
15,159 satisfied customers
My husband is retired military and receives retired pay. We
Hello. My husband is retired military and receives retired pay. We married in 2006. He has not added me as a beneficiary to his retirement pay and I was told that this was to be completed our first ye… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,188 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x