|
This is a thread for legal questions/advice on anything from VA claims, PEB procedural questions, Military Justice, Why that stripper you married is entitled to 1/3 of your gross pay etc. etc. I'll start off with some of the FAQs I've seen here, and invite any other legal types to help chime in to answer additional questions as they pop up. As with any internet legal advice, advice offered here does not form an attorney client relationship, and the best legal advice you will get on any legal question is "talk to a lawyer." Also, advice given here will have an admittedly Navy/Marine slant. I will try to stay aware of different procedures in different branches, but old habits die hard. Q: There's a guy outside my base who says that the LT Kaffee character from A Few Good Men is based on him. I should hire him, right? A: No. There are right now at least 5 former JAG attorneys in various states claiming to be the inspiration for the Tom Cruise character...they are all full of crap. Q: I got Med Boarded and they are saying I am broken. What happens next? Next you will go to what's called a Physical Evaluation Board. My information on this is a little dated, as I have not done PEB representation since 2006. I understand the process is largely similar but circa 2008, there was a move to make things more "joint" because numbers showed that air force personnel were getting disproportionately high ratings and marines were getting disproportionately low ratings. HOWEVER, the informal PEB will determine whether or not you are fir for duty and what your appropriate rating should be. This is a panel comprised of a medical officer and line officers. When their decision comes back, you have the right to appeal it, at which time you will have a lawyer assigned and will be scheduled for a hearing. Edit: apologies, as stated above my info on this is a little dated. Apparently now the process is more streamlined between va and peb and the ratings are assigned by the va. This is a good change. However the gist of the appellate/hearing process seems fairly consistent. However, it seems now having 2 different decision makers would complicate this. I'd be curious to hear thoughts of anyone currently involved in the new process Q: So that's good, right? I'll get a lawyer and they will take care of it? A: No. Your lawyer will likely be a first tour JAG. You have poo poo stains in your underwear that have been around longer than this kid's law degree. Some are good. Some are terrible. You roll the dice. Also, they will not get your file until less than a month before your hearing, and they will not actually meet you face to face until likely the day before your hearing. At this point, it's probably too late to do anything, because one thing the formal board will want to see is "new evidence" of medical issues. Good luck getting to a doc within a month. Yay military medicine. Occasionally I was able to get continuances if an appointment was already scheduled, but not always. You will need to have your "new evidence" prepared ahead of time. See a private doc the moment you decide to challenge the PEB findings. Also, try to retain private counsel. Many state bars have military and veteran sections, and many of those sections offer pro bono services if you can't afford a lawyer. If you can afford one, get one. And get one early. Look at it this way...the long term benefits of being on the medically retired list vice getting a severance check and a wave goodbye will more than pay for the lawyer. Additionally, your Commander's Non-Medical assessment will be crucial, especially if you are fighting to stay in. This is a document from your CO explaining whether or not, in their opinion, you are able to continue performing your job. Be careful wit this, and make sure it actually helps your case. Example: I had a marine client who was a great adjutant. But she had a severe condition that was putting her in the hospital 2 days a week. The 3 days she went to work, she was a rockstar. The CO did not want to say anything bad about her, so he wrote a letter claiming she could still do her job, thinking he was helping her. She was found fit for duty by the informal PEB. On appeal we had him rewrite the letter explaining that while her work product was stellar, she was missing a significant amount of work. On appeal she was released from active duty and put on medical retirement where she belonged. So, again, make sure that a well-meaning CO is not hurting your case. Also, there is something called permanent limited duty. This is a gamble, because you need to concede you are not fit for full duty. If you have over 18 years in, and your unit is willing to find a place for you to ride out the last two, this is an option worth pursuing, but you will need your command's support and, again, you have to concede the finding that you are not fit. Fianlly...don't get greedy. If you got over 30% think very carefully about whether or not you want to challenge it. That's the money number and gets you onto the TDRL (temporary disabled retirement list) and then, if things don't improve, onto the permanent list. This is a good thing. You can also be downgraded on appeal. So think carefully. If it looks like you're being greedy, you won't be successful. Especially because... Q: The PEB says I am only 20% but my VA rep told me I will probably get close to 70%. WTF? The PEB is only allowed to look at conditions that affect your ability to remain on active duty. VA can look at everything. Your VA number will almost always be higher, and will never be lower than your PEB number. Don't worry. Although they use the same rating schedule for the various issues, a low PEB number will not have any impact on your VA number. The VA is looking at more conditions. The PEB number only matters for purposes of whether or not you will be medically retired. Q: My back hurts A: That's not a question...but yes, back injuries are a common cause for Med Boards. They (along with migraines) are also highly suspect because they are easy to fake, impossible to objectively diagnose, unless actually broken, and malingerers love them. Your rating will depend on your range of motion, not your amount of pain. (There are also considerations for radiating pain, but that's a different matter) Go to a private doc. Do not take pain meds the day of your appointment. Do not do yoga that morning. Make sure the test is an accurate reflection of your baseline, unmedicated, range of motion ability. Do not bullshit. Doctors will administer what are called "Waddels Tests". They will basically do things throughout the exam (more than one) that cannot possibly have any impact on your back and ask "is it worse when I do this?" It's not nice to put "this person is faking" in your medical notes...so it will say "Waddels Failure 4 out of 5" or something like that. If that appears in your record, you have been busted. Thanks for playing. Just be honest. Q: While we're talking about honesty...my grandfather had his dick shot off by the Nazis and never asked for anything. I feel guilty taking money at all. A: Don't. Faking things, making poo poo up, claiming you have PTSD because you were almost raped that time someone touched your butt at the E-Club, or that time you heard an explosion 3 miles away while you were sorting toilet paper at Victory Base, is lovely. But your VA disability check is part of your contract. It was promised to you in exchange for low pay, unpaid overtime, lovely PCS moves, etc. etc. It's a contract benefit like any other. Look at it this way: in my new job, in addition to vacation time that rolls over, I get 3 personal days a year that do not carry over to the next year with which to conduct "personal business"...just because someone needed them "more" than I did and was dealing with actual important poo poo while I spent 3 days at home in December binge watching the Walking Dead doesn't mean it wasn't part of my contract and doesn't make me a bad person for taking them. Same here. As long as you aren't trying to game the system and be a malingering douchebag (and then telling the world you are a "disabled veteran") take what was promised and don't feel guilty about it. Additionally, even if you just go for a 0% rating...as long as the condition is documented, you can get medical care if it gets worse later. So don't feel guilty. Q: OK...now that I don't feel like a shitbag, how should I make sure my VA claim is done right? I should quickfile, right? A: Your experiences may vary, but when I was getting out, they were pushing Quick filing during TAPS like roofie-laced jungle juice at a frat party. They actually told people to just bring their medical records to TAPS and "you can just do the claim right there." Think about it. This is a huge freaking deal. Do you want to squeeze something that important in between your power-point lesson on what to wear to your first job interview and the mandatory bathroom break? Quick filing, in my experience, doesn't get your money to you that all that much quicker, and doesn't get you any more money in the long run because you will be entitled to backpay anyway. But once you submit a claim...it's really hard to go back and change it if you hosed it up. Take your time. Do it right the first time. I found the best approach is to ignore the on-base poo poo, hang on to your records, and set up an appointment with your state VA rep. Personal experience with Virginia and CT, both were awesome. They have a lower caseload, more time, and are generally very helpful. Make an appointment, sit down with them, go through your record, and let them help you figure out what to claim. Then go to your appointments and DON'T TRY TO BULLSHIT. Also, keep your medical record. For the love of God...keep your record and make copies. At least 4. Hope some of this is helpful. I'll try to do additional installments for other issues as I have time, and please feel free to post legal and legalish questions here. If you are also a legalish type, please feel free to respond, but please keep the sea-lawyering to a minimum. It was always a pain in the rear end starting every new client meeting explaining why any sentence that starts with "This guy I went to boot camp with says..." is probably incorrect. Edit: goddamnit...all that TLDR and there's a typo in the subject. 
ActusRhesus fucked around with this message at 15:42 on Oct 12, 2014 |
#
¿
Oct 10, 2014 16:24
|
|
|
|
| # ¿ May 15, 2024 06:20 |
|
|
Now Let's Talk About Congressional Complaints. At some point, you will be upset about something and you will go to "legal" for advice. You will meet with a legal assistance attorney who has been a lawyer for 5 minutes and hates his job because he's answering stupid questions rather than cross-examining Jack Nicholson like his recruiter promised, or some older attorney, who has been banished to legal assistance because he is incompetent and can do the least amount of damage there. They will suggest you write your congressman. They may even help you write the letter. This is JAG code for "how can I get you out of my office as fast as possible?" The dirty little secret about Congressional complaints, is that no one generally gives a gently caress. What will happen is your letter will be sent to some junior staffer, who will send out a one paragraph form letter that boils down to "Dear Commanding officer whatever your name is: My constituent is angry about [insert complaint here]. I have attached his letter. Please look into this." This letter will be received and translated by the local SJA as "it's an election year and I have to pretend I give a poo poo about people in my district so here's some bullshit. Write me a form letter in response and we can all go back to doing whatever it is we were doing." And that's what will happen. There is one exception to this...if you have an in with a member of either Appropriations or Armed Services committee members, and can get them to write a "Real" inquiry letter...it's usually enough to get people to back off and leave you alone. Those letters look more like "It has come to our attention that...blah blah blah very vague, no names mentioned, please be advised we are monitoring this situation and would like to be kept appraised of any developments." It helps if it is signed by more than one member of Congress...your entire state delegation would be excellent...and will make your SJA crap themselves. Please note, though...that this is the nuclear option. After sending one of these, it's time to get out. But sometimes, it's worth it. Especially if it's clear you were going to have to get out anyway. Still, it's a good option to get people to back off until it's time to go...but only if you can get the real "scary" congressional. If it's going to be the "I have to pretend I care" letter, don't waste your time. ActusRhesus fucked around with this message at 18:09 on Oct 10, 2014 |
|
#
¿
Oct 10, 2014 16:57
|
|
|
And one more before going back to pretending I'm employed. This one is quite common. Q: I'm getting divorced. Why is my ex getting my pension? We've only been married five minutes and I'm not even retired yet? A: The Uniform Former Spouse's Protection Act (UFSPA) treats pensions as "marital property." This was done to protect the 20 year spouse who gave up her career to go from duty station to duty station, and then got traded in for a 19 year old Pilipino hooker on the day of retirement. However, well-intended as the law may have been, it's now the number one way your spouse will try to screw you in your divorce. Luckily most family court judges are becoming savvy to that and rather than just giving out half of the pension, are doing some pro-rated advanced calculus. The most favorable calculation you can argue for is this: 50% of (the years of marriage divided by the years of military service) whatever a pension would be worth for the rank of the service member at the time of divorce. So, for example, lets say you are an E-2 who marries a stripper in Guam, wises up, divorces after 2 years, picks up a commissioning program and retires as an O-4 after 20 years. Rather than getting 50% (the marital property share) of an O-4 pension the ex spouse would get 5% of an E-2 pension. (50% * (2 years of marriage/20 years of service)). If your pension is a matter of principle (And for a lot of people it is)and you are able to get an uncontested divorce, you can also negotiate a waiver of the ex spouse's UFSPA rights in exchange for something else. For example, I was able to get a lot of separation agreement/divorce decrees to include a waiver of UFSPA in exchange for the service member funding 100% of the kid's college fund (in trust of course) or other provisions. The service member had no problem giving money to his kid...but the pension was a matter of principle, so negotiations were made. (the college one is a good start b/c refusing that offer, especially if the kids are old enough to understand that one parent was willing to stick them with student loan debt just to win a pissing contest with their ex) However, the spouse has to agree to waive it, as it is, unfortunately, a federally recognized law. Also, this applies to retirement pension only...NOT disability pay. So if you wanted to be really cheeky...you could get out at 18 years and just collect your VA check. Though I don't recommend that. ActusRhesus fucked around with this message at 18:12 on Oct 10, 2014 |
|
#
¿
Oct 10, 2014 18:05
|
|
|
thanks...a lot of military legal questions are pretty easy so hopefully this gives people decent information without having to stand outside legal assistance walk-in hours all day waiting to see someone who graduated law school five minutes ago who will just go onto google. (Seriously...that was 90% of what we did. "Oh...you can't see my screen? Well let me consult this very complicated electronic legal resource database...) The problem is, there are things that are black and white googleable law (your spouse gets part of your retirement pay) and things you learn from experience (unless we can persuade her to waive her right to it with a sufficiently juicy carrot...) Legal assistance JAGs are usually well meaning but very green and they are really limited as to what they can do. There used to be a great program called ELAP in the Navy (Extended Legal Assistance Program) where sailors E-4 and below could have a JAG appear in court with them for free on non-criminal matters on a pro hac vice basis (was a huge benefit for lemon law or landlord-tenant lawsuits), but they got rid of it for reasons not entirely clear. It would seem that helping the lower income sailors with real legal issues would be a much better and more rewarding use of a young lawyer's time than drafting wills for retired Admirals working at the SES level who are too cheap to hire an estate planner, or advising dependapotomoses how to screw over their active duty spouse. That one always peeved me the most...so let me get this straight...I have to advise this person who was off banging Jodi the whole time their spouse was deployed and now...because my office has seen them, we have to send the service member out into town to go hire a lawyer because of conflict of interest? crappy. And it's not like the ex-wives club doesn't know all this...we had a few that would go to appointments at every legal assistance office in a 50 mile radius, all service branches, with the same exact question, just to make sure the active duty spouse had nowhere to go. Really f'd up.
ActusRhesus fucked around with this message at 18:48 on Oct 10, 2014 |
|
#
¿
Oct 10, 2014 18:46
|
|
|
zombie303 posted:She hasn't posted her tits yet, so she is probably a horrible monster. Beyond horrible. Truly revolting. Men laugh, children cry, and small dogs run from the sight of me.
|
|
#
¿
Oct 11, 2014 12:24
|
|
|
zombie303 posted:The Thread title says "you" instead of "your" and it is bugging the poo poo out of me. It is bugging the poo poo out of me also. Unless I am missing something, it doesn't look like subjects are editable.
|
|
#
¿
Oct 11, 2014 22:54
|
|
|
Obama Africanus posted:Take it. Probably. ^This. If you are getting 100 from both sources, there's not much to appeal/review. However, as noted by Obama Africanus, make sure that they correctly note whether or not it's combat related, as that has huge tax implications down the road. Also, two quick notes on some of the above comments: PEB will almost ALWAYS put you on TDRL first, and it does not necessarily mean you will be reduced later. However, the regs say TDRL first. I had an amputee client put on TDRL. I suppose it was possible he was part starfish and would grow his leg back (???) however, at the end of the TDRL period low and behold, he was still missing a leg, he was put on PDRL where he belonged, no reduction, and all was well with the world. When you are put on TDRL, unless it's something that will obviously not improve (e.g. missing leg), make sure you continue to see physicians regarding your condition and make sure you keep records that way you have a paper trail that the condition indeed has not improved. This is especially important if it's mental health related. Too many times someone gets treatment...gets put on medication, never sees a doc again because the medication is working and "oh hey, look! You're all better now!" Only to end up with a relapse later on. Nature of the beast with mental health stuff. you think you're fixed because the meds or therapy is doing it's job...so you go off the meds/stop therapy and you're back to square one. Keep seeing the doc. Even if it's just to sit down and say "yep, I think this treatment plan is working well for me but I don't think I would be well without this medication/therapy plan/whatever." Keep the paper trail running. DoD rating matching VA? Possible...if the same condition that's making you service ineligible is the only thing wrong with you. Because both systems use the VASRD schedule and both interpret it fairly consistently (though VA is a lot more generous on mental health) that's entirely possible...but it's unlikely, as usually there are other minor ouchies that the VA can look at that weren't part of the PEB evaluation. Edit: it's been pointed out to me that the peb percentage is now also determined by the va. This is a huge improvement. However, bear in mind your peb number will still only reflect conditions that make you service ineligible As for when to take the retirement pay over the VA pay... I'm hesitant to agree with a blanket "always take the VA check" statement. That's true in many cases, but there are other variables that go into it (you can also waive only *part* of your retired pay). Things like divorce decrees, whether or not you qualify for dual compensation, whether you fall under any dual employment regs, whether you are combat related etc. etc. can make a big difference, and I don't want to muddy the waters with an "if this then that" wire diagram...so I'll just say if you find yourself in the medically retired category, it's probably worth the money to talk to an estate planner before deciding whether or not to waive anything in order to maximize your income while reducing your tax liability...but if you have specific questions with specific numbers, I can try to answer those. And again, check your local bar. They often have military and veteran's law sections that are willing to help on this sort of thing for no or low cost. ActusRhesus fucked around with this message at 15:37 on Oct 12, 2014 |
|
#
¿
Oct 11, 2014 23:08
|
|
|
Landlords and why they suck Got asked this question for the second time this month, so probably worth putting here: (Caveat...this applies to US leases only. Overseas plays by a whole different set of rules) Q: My buddies and I rented a house together and one of them got orders. Now my landlord says we owe for his share. wtf? A: Your friend, though I'm sure he didn't mean it, is a bit of a blue falcon here. What likely happened is you signed a lease in which you were jointly and severally liable for the rent. What that means is that you are all liable together...and if one of you (or all but one of you) are able to break the lease, the rest of you are still on the hook. Your buddy most likely invoked the Servicemember's Civil Relief Act which, among other provisions, allows you to break a lease if you receive orders out of the area for more than 90 days. Great for him...lovely for you. Q: How can I avoid this? A: Generally near base you will have three types of landlords: (1) other servicemembers who bought a house and need someone to squat in it until their PCS is over; (2) retirees or others with favorable to neutral feelings about the military; (3) asswipes who know you have limited bargaining power and will likely be too far away when your lease is up to do anything if they screw you over and anyway you don't have the time to sue (or the desire to be the command problem child). see also: slum lords. There are pros and cons to each of these. If you're looking to max out your in-pocket share of your BAH, option three may have some advantages in the short term, but really you are better off renting from 1 or 2. 1 in particular. Generally more understanding...less likely to hold your feet to the fire if you have to back out of the lease early (so long as you help mitigate the damages by helping them find a new tenant) etc. etc. They also have an interest in not being "that guy screwing over another servicemember". You can also, if you plan on having roommates, ask for separate leases. 4 of you each owe 1/4 of the total rent and "rent" a specific room (or portion of a room). The positive here is that if one of you splits, your rent stays the same. The negative is the landlord can replace them with someone you might not want to live with. Probably the best thing you can do is negotiate a term wherein you, with 30 days notice, can break the lease. Professional landlords will probably not go for this (unless it's a month to month lease, in which case they can do the same thing) but other servicemembers may agree to this if you are candid with them and make clear you only plan to execute that option if one of you has to leave the area. OK, great for next time...but I'm being hosed now. A few things you can do here...most of them painful. If your friend is deploying, they may be willing to keep up their share of the rent until you can find a new roommate. Especially as deployments generally do not have much in the way of living expenses. This is the "good friend" thing to do...but there is no legal obligation. Or you can eat higher rent while waiting to find a new roommate. If you are financially unable to do so, organizations like Navy Marine Corps relief society may be able to help with zero interest loans until the new roommate is found. You can also ask your landlord about breaking your lease...they may surprise you and agree...especially if you were locked into a long term lease, are in a high demand area, and the landlord thinks they can increase the rent for a new tenant. They may, however, keep you on the hook until the new tenant is found. A last resort is to simply break the lease. This is a dice roll...they may decide you are not worth the trouble, find a new tenant, and move on (but you won't get your deposit back.) Or they can sue you. Most likely in small claims court. If this happens, depending on your state, they probably have a duty to mitigate their damages, so they will have to try to find a new tenant...if a new tenant is found, you are only responsible for the empty months. If they don't try to mitigate, it's up to the judge how much their laziness is worth. However, odds are, you will be found liable for at least something, going to court is a huge pain in the dick, and an adverse judgment will poo poo on your credit rating. Finally, there's just the option of taking a 90 day TAD if available. One thing you absolutely should not do is have a friend in your admin shop, or a sympathetic chain of command issue you 90 day TAD orders or a letter on command letterhead stating you will be receiving orders imminently, orders which...for some odd and unexplainable reason...are cancelled 2 days after you've moved out. This would, strictly speaking, be fraud. I would never advise someone to commit fraud... On a related note, SCRA protects dependents in this situation, but not girlfriends/boyfriends/fiances/etc. Best thing to do if you are not married is not put them on the lease. that way they don't get stuck if you get orders.
|
|
#
¿
Oct 12, 2014 00:03
|
|
|
Delizin posted:There is no requirement or regulation that says you be put on TDRL before going to PDRL. You will be put on TDRL if your physicians and the PEB believe that your condition isn't stable. That means if they think there will be any significant change in your condition for the better or the worse in the next few years they will want you on TDRL. The reason why you don't want to be on TDRL is that you will be required to be reevaluated every 6-18 months for the next 5 years or until your condition has stabilized. After you have stabilized if you are still hosed up they will give you a permanent rating based on your current condition and if your not too hosed up they can bring you back in the service to finish up your enlistment where you left off. PDRL gives you the peace of mind that your income won't be going down suddenly after a doctor's visit and that you won't get dragged back in. DoD Inst 1332.18. A Service member will be placed on the TDRL when the member meets the requirements for permanent disability retirement except that the disability is not determined to be stable but may be permanent. A disability will be determined stable when the preponderance of medical evidence indicates the severity of the condition will probably not change enough within the next 5 years to increase or decrease the disability rating percentage. The language I used above was inartful, however, please note I said almost always. There are very few conditions that don't meet this "could get better or worse" criteria and the boards are somewhat lazy. As there are differences between benefits at various thresholds, it's not necessarily a bad thing to be on TDRL if there's a possibility you may get worse. Still, the appointments every 18 months would be annoying. Also, if you go to a private doc, make sure they are familiar with VA requirements. You can get your private records to count for this, but only if they meet TDRL exam requirements. quote:As far as the DoD rating matching the VA, the current process only has the VA rating your disabilities. The PEB no longer has any say in what percentage you get. The PEB will decide whether or not each condition renders you unfit for duty and will determine your DoD rating based on what rating the VA gives for each of your conditions that the PEB decided made you unfit for duty. I'm pretty sure that's not accurate. DoD directives as of 2014 still have PEB weighing in on the rating. They do still use the same schedule as the VA though (VASRD). Do you have some documentation of that change? I don't want to give bad info on here, but I am 100% positive that the rating % was always a big part of the FPEB fight. http://www.dtic.mil/whs/directives/corres/pdf/133218p.pdf Edit: found it. You are correct. Thanks. I'll edit above to reflect this. As I said my info is a little dated as I have not been actively doing peb appeals for some time Good points on the combat related stuff. Yes...it is not the same criteria as a CAB/CAR/Purple Heart. ActusRhesus fucked around with this message at 15:35 on Oct 12, 2014 |
|
#
¿
Oct 12, 2014 12:42
|
|
|
bulletsponge13 posted:Ok, long one here regarding PEB and whatnot. OK, people are crossing the streams a little bit here. you've got 100% from the VA. What is your PEB rating, if you know it? And can I assume you are being medically separated? You VA disability is separate from your DoD retirement or severance. Everyone who leaves service and has injuries, even if they were fit for duty may me entitled to a VA disability check. As for DoD, to get any money at all you need to be separated for medical reasons. If your PEB rating comes back 30% or lower, you will get severance pay. 30% and up medical retirement. Generally speaking, you are not entitled to receive compensation twice for the same injury unless you fit certain criteria, so your VA payment will be reduced in the amount of your medical retired pay, unless you waive your medical retired pay. (there are times when this makes A LOT of sense...there are times when it doesn't, so without more info on your numbers I don't want to weigh in on this.) You have less than 20 years, so the only one that might apply to you is the combat related provisions. This is covered at length in the 2008 NDAA. Basically, if it's combat related, you are exempt from the dual compensation restrictions. This article does a fairly decent job explaining it and explaining what is "combat related. It's military.com...eeew. But it's a lot clearer than trying to slog through the NDAA. http://www.military.com/benefits/military-pay/special-pay/combat-related-special-compensation.html If you get me more specifics on your PEB findings/breakdown, we can look at this further. Edited to add: sorry. En route to garlic festival and mind is on garlic but reserves and guard have some additional complications. Will give you a more thoughtful look tonight if someone doesn't beat me to it. ActusRhesus fucked around with this message at 13:33 on Oct 12, 2014 |
|
#
¿
Oct 12, 2014 12:59
|
|
|
Yeah, I found it shortly after posting, thanks for the catch and I've edited above posts to reflect this. Apologies for the bad gauge. A lot of the big changes were being discussed when I was doing peb stuff but didn't go into effect until after I left. From what I've read this looks like a good change for purposes of consistency (that was our chief complaint...different branches were rating differently even though the vasrd should be pretty straight forward) but it seems like appealing to 2 different decision making entities would be a huge pain in the dick at the FPEB stage. Any experience with that?
|
|
#
¿
Oct 12, 2014 15:48
|
|
|
Delizin posted:Appeals are pretty straightforward. If you have a problem with the ratings you ask for a VA reconsideration and if you have a problem with which conditions make you unfit to serve or if you need to add conditions that were left out then you take it to the PEB. It is a little slower now to add conditions since the PEB will then have to send it to the VA for a rating, but it is more consistent. That's good to hear. The consistency issue was pretty awful circa 2006. Pretty much boiled down to: if Air Force, medical retirement. If marine, severance check or get the gently caress back to work. Plus, and I don't know if other branches did this, but navy had to deal with the wonderful issue of service disqualifying being determined by your rate. So one rate could get retirement, another found fit and sent back to work only to be kicked out as a prt failure for the exact same condition. Glad to hear things seem to have been fixed somewhat.
|
|
#
¿
Oct 12, 2014 16:15
|
|
|
Everyone hates lawyers until they need one. And then they still don't like them all that much.
|
|
#
¿
Oct 12, 2014 18:13
|
|
|
bulletsponge13 posted:I don't have a PEB rating yet, I'm not even in IDES tracker yet.lol k. I take it this is not time sensitive, then? Co-worker of mine is national guard JAG, let me get the right regs, as I know guard and reserves have some wonky rules, and, as has thankfully been brought to my attention, there have been some pretty big changes. If it's not too personal, what's the condition? And just to rehash, is your basic question what you can get from VA vs. DoD?
|
|
#
¿
Oct 12, 2014 20:55
|
|
|
bulletsponge13 posted:My MEB started back in like 2008, no one told my unit for nearly a year. My unit finally got their poo poo together somewhat and started my PEB packet. Then, mistakes between my unit, both in procedure and communication, created a cascade of problems that is finally resolved. It has finally left my unit, been pushed up through Division and is slated to leave the NGB for the big Army this week or so. No one has given me any clear advice on what to expect, or exactly how this is supposed to work. I really would like to know what the best case and the worst case scenario of the final outcome of my PEB. If you need more personal and private info regarding conditions and whatnot, I would be happy to share them privately. unit incompetence happens...a lot. Sad to see that part hasn't changed. I suppose this means I'll finally have to upgrade my acct.
|
|
#
¿
Oct 13, 2014 12:25
|
|
|
bulletsponge13 posted:I can always email so you don't have to. nah, it's probably time to upgrade. You've got questions. Others have offered fitting avatars. The signs all point to "it's only 10 loving dollars you cheap bitch." Plus there is no way in hell I'm putting my e-mail up here. Gimme a day or 2. Will take that long for the courts to stop observing white privilege day so I can talk to my guard coworker anyway.
|
|
#
¿
Oct 13, 2014 20:28
|
|
|
bulletsponge13 posted:I can always email so you don't have to. ok, paid account activated. message me the info. I've found some regs that I think apply, but I want to get more facts before I start weeding through it all. Spoke with Guard JAG co-worker...he just started googling crap. Told him I can also work google and am not old, so therefore can likely google faster.
|
|
#
¿
Oct 14, 2014 15:23
|
|
|
Analogical posted:Sending you a PM, since after reading it I realized pretty much anyone thats been at my command will be like "oh thats PO Analogical what a loving tool LOL" Got it. Part a is easy part b i want to mull over a bit will get back to you later today.
|
|
#
¿
Oct 15, 2014 11:45
|
|
|
smertrioslol posted:Here's a weird one: can a commander order you to clean your dorm in MOPP4? Or even receive their inspection while in MOPP4? This may or may not be relative to my current situation. My homestation leadership seems to think no since there is no real ATSO remedial training involved and it's just a big gently caress you. Generally EMI needs to have a direct nexus to the behavior you're tring to correct. If they can make a cogent argument for how MOPP gear relates to drywall (and generally co's get a little lattitude here) then sure, but i can't think of one, and i was usualy pretty good with tenuous explainations for quasi legal poo poo the boss wanted. However, OA raises a valid point in that if nothing goes wrong and no one complains... if a tree falls in the woods and no one wrote an AA report, did it really fall? My XO during my first tour as a defense JAG had a saying everyone violates the ucmj every day... the question is to what degree? So long way of saying you're probably not supposed to do that but if no one complains, who cares?
|
|
#
¿
Oct 16, 2014 00:43
|
|
|
smertrioslol posted:I'm complaining Ah, well then. I misread your question and thought for some reason you were involved in implementing, not receiving. No. Unless they can come up with some way in which MOPP gear relates to drywall (and I'm not seeing one) then it's not valid EMI. (but don't put too much faith in the IG...they are beyond worthless.)
|
|
#
¿
Oct 16, 2014 01:04
|
|
|
krispykremessuck posted:What if the commander prescibes MOPP4 as the appropriate level of PPE for cleaning the barracks? rational basis for that? Probably not gonna fly.
|
|
#
¿
Oct 16, 2014 01:30
|
|
|
zombie303 posted:My first barracks in Hawaii had cockroaches, black mold, and rats actually falling out of the ceiling tiles. The Q there is not much better. Was fairly certain I was going to get Norman Bates'd in the shower. The loveliest part was the door separating my room from the next...secured by padlock. Because...you know, nothing like Island Surprise Sex! Also roaches. Large large roaches.
|
|
#
¿
Oct 16, 2014 02:21
|
|
|
Lawyers you may come across and what they are worth to you Everyone hates lawyers. Until they need one. In this installment of "poo poo that's relevant to military justice" we will discuss the various kinds of 1. The Active Duty Legal Assistance Attorney: If you're lucky and see this person within the first five minutes of their commissioning, they *might* be idealistic enough to actually try to help you. Strike while the iron is hot. However, bear in mind, if they seem genuinely interested in your problem, they have probably only been a lawyer for five minutes. Any LA Attorney quickly realizes that legal assistance sucks, because you can't actually *do* anything, and is just counting the days until they PCS to something more interesting. No one cares about legal assistance. If your Legal Assistance Attorney is an O4 or above, and you are an O5 or below, they are being warehoused. You probably learned more about law watching Saul Goodman scenes on Netflix. Run. Also, if they suggest writing your Congressman without helping draft the letter for you and doing a serious inquiry into who your Congressman is and how best to get their staff involved, they are giving you a blow off. Just leave quietly and never return. About the only thing they can (usually) do with any marked competence is will drafting and that's because there's a computer program (DL Wills) that does all the work for them. 2. The DoD Civilian Legal Assistance Attorney: See above, but too incompetent to open up their own practice/work for a firm. The one exception: military spouse with a law license. 3. The Active Duty Defense Counsel: Pray you never need one of these. But you roll the dice here. If you're lucky you get a true believer defense type (who either secretly plans on getting out after this tour to go into private practice, or has prior service and knows they won't make it past O4 before they are retirement age, or has some other reason to not feel any loyalty to the OJAG mothership.) There are actually a few decent defense attorneys floating around. Not quite unicorn hunting, but definitely four leaf clover territory. If you are unlucky, you will get some useless waste of a uniform who will either be too much of a pussy to zealously advocate for your cause because hey...the prosecutor's boss might sit on his promotion board...or has been a lawyer for five minutes and has no meaningful trial experience. the benefit: They're free. 4. The Reserve Defense Counsel: Might actually be competent depending on what they do in their civilian time (same for legal assistance reservist) but may try to convince you to hire them for further work past their drill period. This is an ethics violation. 5. The Civilian Defense Counsel: The hired gun. Some are better than others. Some, in fact, are great. The pro: you are paying them and money buys loyalty. They also have probably tried more than 5 cases which puts them above most active duty trial lawyers. The con: you are paying them, and your appointed JAG will do most of the work anyway. Still, as first chair, they control trial strategy, which means you will (probably) have a strategy that benefits you without fear of hurting some more senior lawyer's feelings. 6. The SJA: If their main focus is operational law, they probably aren't an idiot. Remember though, this is the command's lawyer. Some benevolent SJAs will do some light legal assistance to make things more convenient for people in the unit, but they may be rusty, and you're going to get common sense vs. subject matter expertise. If your legal issue involves the command in any way, don't trust them. In fact, why the gently caress are they talking to you in the first place? However, not a bad option for simple run of the mill "how can I get my landlord to stop screwing me" "I'm getting a divorce, does this look like a good separation agreement" "can you write a will for my deployment" etc. etc. questions. (PS, belay all the above if it's a hospital SJA. Hospital legal billets are where JAGs go to die.) There's also some limited pro bono stuff, but you pretty much have to be completely broke, or have a case that's worth publicity for them to be interested unless you get a referral through a state bar or some other org with people with money who feel like doing some heart warming. Hope this helps. ActusRhesus fucked around with this message at 15:00 on Oct 17, 2014 |
|
#
¿
Oct 17, 2014 02:51
|
|
|
zombie303 posted:Wouldn't that be treason? if he was fighting *against* ISIS probably not treason. However, I imagine it would be similar to issues where people have joined either the FFL or the IDF. DONCAF (or whoever) will probably revoke your security clearance and then, having revoked your clearance, DoD will probably push to separate you under one of the "Best Interests of the Service" catchalls. (This is just spitballing, though)
|
|
#
¿
Oct 26, 2014 20:33
|
|
|
bulletsponge13 posted:You still fall under UCMJ, even if not Title 10, or so I thought. you don't fall under UCMJ unless you are activated at the time of the crime. However, you can be involuntarily recalled to active duty to be court-martialed for a crime committed during a previous activation period.
|
|
#
¿
Oct 26, 2014 20:41
|
|
|
Hekk posted:What are the prerequisites to make someone an adult dependent? Pretty easy to apply, but up to DFAS to approve. This website explains it pretty well. Did this for nieces/nephews of servicemembers when the biological parent was incarcerated a lot. http://www.dfas.mil/militarymembers/payentitlements/secondarydependency.html You'd probably need to wait for her to actually retire though.
|
|
#
¿
Oct 26, 2014 20:43
|
|
|
Defleshed posted:Just noticed this thread. You must really miss doing Legal Assistance. God's work here, Actus Rhesus. God's work. Legal assistance was my personal vision of hell. But I like goons.
|
|
#
¿
Nov 1, 2014 21:37
|
|
|
I don't know the answer to this under the new system...if you don't get an answer by Monday I'll try to look into it for you.
|
|
#
¿
Nov 7, 2014 20:42
|
|
|
second best sponge posted:Should I try to get a disability rating from the VA all by myself or should i get some form of advocate? I would say in any dealings with the government unless you are really familiar with the system and the process, always get an advocate. (and even if you are familiar, objectivity helps)
|
|
#
¿
Nov 9, 2014 13:24
|
|
|
Roundboy posted:Asking the thread: What is a realistic outcome for a underage DUI causing a death on a military base ? The driver also being mil. depends on the state. But either way, driver is hosed. only question is how hard. how old is the driver, what state are you in, and how over the limit was he/she? Unless there is a concurrent jurisdiction agreement, if it was on base only the feds would have civilian jurisdiction (but some bases have concurrent jurisdiction with the state.) It's more likely to go court-martial than civilian trial though. but more specifics would help get you a better answer.
|
|
#
¿
Nov 10, 2014 23:08
|
|
|
oh poo poo, he's a marine? Yeah. he's hosed. Marines will prosecute (and convict) a ham sandwich. Pendleton does not have concurrent jurisdiction, so he's going either federal prosecution or court-martial (probably the former because SAUSAs usually don't take military cases. They're mostly just there for civilian defendants.) I asked about BAC (1) in the event there was potential state jurisdiction and (2) if it was particularly low it could be a sentencing mitigator...but if the guy was driving drunk underage on base and trying to flee the MAs when he killed someone?...oh yeah, he's really hosed. Probably going to a General Court-Martial and marine prosecutors are not exactly known for their generosity in plea deals. Really sorry about your brother.
|
|
#
¿
Nov 11, 2014 04:04
|
|
|
Obama Africanus posted:
No, you can always present mental health evidence. But just because a person is nuts doesn't mean it will impact their case. Show me a defendant who doesn't have a personality disorder of some sort. Mental health stuff comes in under generally three circumstances: 1. I am not competent to stand trial/assist in my own defense. This will be done via a competence evaluation and a hearing before the military judge. They are frequently requested by the defense and almost never successful. You have to be so batshit loving crazy that you don't understand you are at a court-martial. You get sent to a loony bin until you are competent to stand trial. My understanding is that being committed stops the statute of limitations. I highly doubt this will be the case here. It's a pretty impossible standard reserved for people who are truly mentally hosed up. 2. I was not guilty of the charged offense due to mental disease of defect. Evidence gets presented at trial to show you were too crazy to form criminal intent. Voluntary intoxication does not count. And this is likely going to be charged as a reckless conduct so it's a moot point here, because there is no specific intent to negate in the first place. Also, this defense usually doesn't get you off scott free, it usually just bumps you down to an LIO. 3. I'm guilty but I'm crazy and broken so take pity on me and don't give me a harsh sentence because I'm broken. Gets presented during the sentencing phase along with good military character evidence (why we allow that I don't know) and anything else the defense wants to put on to show what a nice guy the defendant is. My experience with Marines is that they would likely not give a gently caress in a case like this. My guess is in a case as you've described it, the defendant will plead guilty and go judge alone for sentencing. He may be able to negotiate a plea deal, but if I were the prosecutor in a case like this where conviction is pretty much a slam dunk and it won't be a particularly expensive trial (unless the defense gets their inevitable expert request granted), I wouldn't be willing to deal. I might be willing to offer him DH protection and give him a BCD on top of whatever jail time he got, but that's the lowest I'd go. substantively there is no difference between an BCD and A DH. But the name looks really bad. quote:That DH he's getting makes night stocking part time at wal-mart in even rural America off limits for employment. He's 100% unemployable now, that's when his real punishment begins. ^This. Say hello to your future
|
|
#
¿
Nov 12, 2014 20:17
|
|
|
Defleshed posted:These are the kind of deals where you can just put your feet up on your desk and puff your cigar (like we all do, all the time) and tell the Defense "come at me bro". Our jurisdiction for some reason never deals on discharge characterization though, just on confinement caps. I think the lowest I'd go is ten years but I don't have a lot of autonomy. We have to run anything and everything by our SJA. well yeah, the convening authority ultimately signs off. Military prosecutors = no prosecutorial discretion. quote:Isn't there something in the MCM that discourages plea deals? Or did I hallucinate that? Nope. Pretrial Agreements happen all the drat time.
|
|
#
¿
Nov 13, 2014 02:15
|
|
|
krispykremessuck posted:Can you explain in layman's terms what RCM 705 actually says? I was lead to believe they have a fairly contentious reputation and that a lot of mil judges don't like them to be used. That came from an actual mil prosecutor, and I've always been curious to hear from others about it. That is so untrue I don't even know where to start. Basically in a court-martial, the judge (or jury) issues the sentence but the convening authority has to approve the sentence. So you can enter into an agreement that the convening authority will either suspend or disapprove punishment above a certain level in exchange for the guilty plea. The judge does not know the terms of the deal at the time of sentencing (just that there is a deal) and the terms are revealed after the judge issues the sentence. Example: Defendant will plead guilty and waive his admin board in exchange for confinement over 5 years suspended and punitive discharge protection. Judge issues sentence of 7 years, forfeitures and a BCD. Per the deal, convening authority suspends last 2 years, no protection on forfeitures, so those stand, the BCD is disapproved, but the command boots him with an OTH because he waived his board. I am really...REALLY curious where this prosecutor friend of yours practiced, because PTAs happen all the drat time. (One caveat...military doesn't have Alford pleas, so they have to actually admit guilt)
|
|
#
¿
Nov 13, 2014 03:54
|
|
|
joat mon posted:The only part that could be characterized as contentious is the guilty plea itself, not the plea bargain. ^This. Pleading guilty is a lot easier in the civilian side because of the Alford doctrine (I'm not saying I did it...I'm just saying I'm guilty because I know I'd get convicted at trial.) However, as joat said, there's a script. Read each element. Make the defendant say he acknowledges that it applies to his case and briefly explain how. And yeah, defense's job is to make sure client understands he has to actually say he's guilty and not try to "explain" what happened, judge needs to actually know the elements of the offense and follow the script, prosecutor needs to make sure judge follows script and correct the record if he doesn't. But it's hardly "disfavored." As much of a pain in the dick as a providency inquiry is compared to a civilian plea, a full blown trial is worse and cuts into the mil judge's valuable
|
|
#
¿
Nov 13, 2014 14:27
|
|
|
EVA BRAUN BLOWJOBS posted:AR, what's the dumbest thing you've experienced on the job? Photo copy machines are serious business. I'm not sure I can top that but there's always the quote under my avatar. That was fun. Have a few other great moments in idiocy tales. Will post in the am when not typing on a phone.
|
|
#
¿
Dec 3, 2014 03:43
|
|
|
OK, since I work in criminal law, I see quite a bit of stupid. Usually from the defendants and witnesses. But here's one of my personal faves. Private Defense Counsel has a habit of getting all "folksy" and standing with his foot up on a file box like he's Washington crossing the goddamn Delaware while he conducts voir dire. Defense Lawyer:  Prosecutor: *snicker* Defense Lawyer: Court Monitor: BAHAHAHAHAHAHAHA Judge: *looks around* OH MY GOD RECESS! NOW! Courtroom gets cleared. Judge: Counsel. DO NOT put your foot up on that box again or you will be held in contempt. Turns out counsel's pants had ripped. Counsel was not wearing underwear. Potential jury was getting a whole lot of 
|
|
#
¿
Dec 3, 2014 15:19
|
|
|
Another favorite: during prosecution for gang related shooting, defense calls "alibi" witness. State's theory is the shooting was over a gang dispute. Defendant allegedly belongs to a gang known as the hollows boys. (Don't ask.) Witness: *raises arm to take oath, showing giant HOLLOWS tattoo.* AR: passes note to lead counsel. "That's right...show the jury that sweet gang tat." Lead counsel:  Defense Counsel: *spidey senses. Knows he's about to get embarrassed* Now, before we get into what happened, what does your tattoo say? Witness: Uh...it says "Roccow" (illegible crappy calligraphy...but no...it clearly says Hollow.) AR: *passes new note "Please, please, please start your cross with "Who is Roccow?"* Lead Counsel: You think? AR: Oh yes. Defense Counsel and Witness:  Lead Counsel on Cross: Who's Roccow? Witness: Uh...he's my friend. AR: *passes another note* Lead Counsel: *reads note* What's his last name? Witness: Uh...I don't know. He's like...one of my mentors...we ride dirtbikes and stuff. Lead Counsel: Do you always get the names of guys whose names you don't know tattood across your arm? More words. Lead counsel tries to establish that "alibi" knows other associates of the defendant. Witness: Uh...yeah, I know him. sort of. We ride dirtbikes. Lead Counsel: Do you have his name tattood on your other arm? Similar case, involving another gang and another bullshit alibi claim. AR: Now, you testified that you thought X was going to come after you because you were part of "Nation." What exactly is "Nation"? (Nation was, at the time, a notoriously violent street gang involved in a lot of shootings.) Witness: It's like...kinda like a childhood organization. AR: Oh, like the boyscouts? Witness: *nodding* yeah. AR: Except instead of crappy popcorn, you sell crack.
|
|
#
¿
Dec 3, 2014 16:29
|
|
|
EVA BRAUN BLOWJOBS posted:
It was a habeas trial...so since there's no jury, you can get away with a little more. Other gems from habeas: Defendant claims his attorney was ineffective for misadvising him (for like 5 minutes) about his maximum exposure, thus denying him the opportunity to plea bargain. State's position is it doesn't matter because the state was not willing to offer a deal anyway. Prosecutor Witness: There was no offer on the file. Judge: Is it possible a different attorney handled the case at any time? Witness: Maybe. Perhaps (big boss prosecutor) had the file at some point. (Clarification sidebar: Our big boss is very hands on and handles a lot of the early appearances to get a sense of the case before assigning it) Judge: Because this is a pretty important case, right? Witness: No. Not really. Judge: *Looks mad* MURDER is not a big case? Witness: Nope. Judge: *Looks madder. Looks out into gallery. Sees both defense counsel witnesses shaking their heads, and both prosecutors shaking their heads. All "nope. Not really." Witness: In our district, we call that "Tuesday." Judge: Oh.
|
|
#
¿
Dec 3, 2014 16:41
|
|
|
|
| # ¿ May 15, 2024 06:20 |
|
|
timma85 posted:I posted my question in the Army thread and was directed here since this is where the smarter folks hang out. based on the Career counselor's I've seen, probably the latter. Let me look into this for you.
|
|
#
¿
Dec 16, 2014 18:14
|
|