Skip to main content
Tonald Edmund Spinks

Tonald Spinks’s Answers

41 total

  • How difficult is it to file a civil action against the military for personal injury

    I was awarded compensation for my back and neck for an assault suffered against me by other military personnel during an intiation.

    Tonald’s Answer

    It is very difficult (actually impossible) to sue the military for injuries which occurred while you were on active duty due to the Feres doctrine. It is a legal doctrine that prevents people who are injured as a result of military service from successfully suing the federal government under the Federal Tort Claims Act. The doctrine comes from the U.S. Supreme Court case Feres v. United States, in which servicemen who picked up highly radioactive weapons fragments from a crashed airplane were not permitted to recover damages from the government. It is also known as the Feres-Stencel doctrine or the Feres rule.

    ------------------------------------------------------------------------------------------------------------------------------------------------From the desk of T. Edmund Spinks, Esq. P.L. 304 Plant Ave. S. Suite 100 Tampa, FL 33606 www.spinkslawfirm.com Phn: 813-254-2770 Fax: 813-254-2772 ed@spinkslawfirm.com Disclaimer: legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. This information is not intended as legal advice for an individual situation, it is only provided as information.

    See question 
  • Reported a neighbor for theft and now he is retaliating towards me--is there anything I can do?

    he has posted a flyer with my personal info at a busy min-mart and now makes vulgar gestures if I have to drive by with my kids in car.

    Tonald’s Answer

    In Florida it is a crime for a person who knowingly uses intimidation or physical force, or threatens another person, or attempts to do so, or engages in misleading conduct toward another person, or offers pecuniary benefit or gain to another person, with intent to cause or induce any person to withhold testimony, or withhold a record, document, or other object, from an official investigation or official proceeding. If you feel this is the case, you should contact law enforcement or the State Attorneys office and inform them of the conduct.
    Ed
    ------------------------------------------------------------------------------------------------------------------------------------------------From the desk of T. Edmund Spinks, Esq. P.L. 304 Plant Ave. S. Suite 100 Tampa, FL 33606
    www.spinkslawfirm.com
    Phn: 813-254-2770
    Fax: 813-254-2772
    ed@spinkslawfirm.com
    Disclaimer: legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. This information is not intended as legal advice for an individual situation, it is only provided as information.

    See question 
  • I owe backed up child support can they garnish my wife veterans affair pension in New York or Tennessee

    I owe backed up child support. This is my only child and I did know much about child support. I have been sending her 300.00 per month via Wstern Union. Now she had filed an order against me stating that I owe $5000.00. But I was paying chilld...

    Tonald’s Answer

    With certain exceptions, VA benefits are exempt from taxation, claims of creditors, attachment, garnishment, and other forms of legal process. This protection is exceptionally broad. It applies to benefits either before or after receipt by the beneficiary. Also, the VA General Counsel has held that the VA is not permitted to deduct a portion of the beneficiaries benefit payment in order for the beneficiary to obtain private dental insurance even when the beneficiary requests that this deduction be made. If you would like further assistance you can contact one of the service organizations that provide free advice regarding VA benefits and claims. A list of these organization is at - http://www1.va.gov/VSO/
    S/F Ed
    ------------------------------------------------------------------------------------------------------------------------------------------------From the desk of T. Edmund Spinks, Esq. P.L. 304 Plant Ave. S. Suite 100 Tampa, FL 33606 Phn: 813-254-2770 Fax: 813-254-2772 ed@spinkslawfirm.com www.spinkslawfirm.com

    Disclaimer: legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. This information is not intended as legal advice for an individual situation, it is only provided as information.

    See question 
  • Does this create a conflic of interest with me and the Army? (Military Law)

    Does this create a conflic of interest with me and the Army? Dayton (OH) Viewed 8 times. Posted about 13 hours ago in Employment / Labor. Flag this as objectionable Washington (DC) Viewed 1 times. Posted less than a minute ago in Military Law. ...

    Tonald’s Answer

    There is a prohibition against dual receipt of VA compensation and active service pay. However, you will be permitted to elect the higher benefit. This is explained in VA General Council Precedent Opinion 10-2004. In actuality you will receive both VA disability payment and military pay for the same month in which you attend the IRR muster, but at the end of the calendar year the VA will receive information from the DOD regarding how many days pay you received compensation from the military and this amount will be offset from your VA payment. It occurs frequently to reservist who are also receiving VA benefits.
    Ed Spinks
    ___________________________________
    From the desk of T. Edmund Spinks, Esq. P.L.
    304 Plant Ave. S. Suite 100
    Tampa, FL 33606
    Phn: 813-254-2770
    Fax: 813-254-2772
    ed@spinkslawfirm.com
    www.spinkslawfirm.com

    Disclaimer: legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. This information is not intended as legal advice for an individual situation, it is only provided as information.

    See question 
  • If a veteran owes money to creditors, can they take my disability checks or summons me to court? Can they garnish my bank acct?

    I also get social security for my disabilities.

    Tonald’s Answer

    With certain exceptions, VA benefits are exempt from taxation, claims of creditors, attachment, garnishment, and other forms of legal process. This protection is exceptionally broad. It applies to benefits either before or after receipt by the beneficiary. Also, the VA General Counsel has held that the VA is not permitted to deduct a portion of the beneficiaries benefit payment in order for the beneficiary to obtain private dental insurance even when the beneficiary requests that this deduction be made. If you would like further assistance you can contact one of the service organizations that provide free advice regarding VA benefits and claims. A list of these organization is at - http://www1.va.gov/VSO/ Thank you for your service, Ed
    ------------------------------------------------------------------------------------------------------------------------------------------------From the desk of T. Edmund Spinks, Esq. P.L. 304 Plant Ave. S. Suite 100 Tampa, FL 33606 Phn: 813-254-2770 Fax: 813-254-2772 ed@spinkslawfirm.com www.spinkslawfirm.com

    Disclaimer: legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. This information is not intended as legal advice for an individual situation, it is only provided as information.

    See question 
  • Military/VA Law: Changing incorrect DEERS and VA records regarding the age of an Army retiree.

    I joined the Army National Guard in 1962 at age 16, was injured while on active duty and retired with a service connected disability (40%) pension. My Army and VA records say I am 66 but I am actually 63. Therefore I cannot apply for Medicare/Tric...

    Tonald’s Answer

    You can provide a statement to the VA explaining that they have your date of birth wrong and provide documentation (birth certificate) of your correct date of birth. I would recommend submitting the information on VA Form 21-4138, but you can submit your request in any format. You can obtain a 21-4138 at this site - http://www.vba.va.gov/pubs/forms/VBA-21-4138-ARE.pdf. If you would like further assistance you can contact one of the service organizations that provide free advice regarding VA benefits and claims. A list of these organization is at - http://www1.va.gov/VSO/

    Thank you for your service,
    Ed

    From the desk of T. Edmund Spinks, Esq. P.L. 304 Plant Ave. S. Suite 100 Tampa, FL 33606
    Phn: 813-254-2770 Fax: 813-254-2772 ed@spinkslawfirm.com www.spinkslawfirm.com

    Disclaimer: legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. This information is not intended as legal advice for an individual situation, it is only provided as information.

    See question 
  • Slander

    Can you sue due to slanderous comments made repeatedly on a personal website guestbook?

    Tonald’s Answer

    Generally, defamation consists of: (1) a false statement of fact about another; (2) an unprivileged publication of that statement to a third party; (3) some degree of fault, depending on the type of case; and (4) some harm or damage. Libel is defamation by the printed word and slander is defamation by the spoken word. However, if a statement is true, there can be no action for defamation. Truth is a complete defense. Additionally, if the statement is an expression of an opinion as opposed to a statement of fact, there can be no action for defamation. Additional information can be found regarding criminal libel/slander in Florida Statute Chapter 836. Libel and slander cases are often very complicated. Before you decide to take any action in a libel or slander case, you should consult with an attorney. An attorney can help you decide whether you have a case and advise you regarding the time and expense involved in bringing this type of action.

    Ed Spinks
    ___________________________________
    From the desk of T. Edmund Spinks, Esq. P.L.
    304 Plant Ave. S. Suite 100
    Tampa, FL 33606
    Phn: 813-254-2770
    Fax: 813-254-2772
    ed@spinkslawfirm.com
    www.spinkslawfirm.com

    Disclaimer: legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. This information is not intended as legal advice for an individual situation, it is only provided as information.

    See question 
  • Slip And Fall

    Can I Sue My Housing Authority If I've Filed Compliants About Water Running From The Walls Of My House And I Slip And Fell And It Cause An Contusion?

    Tonald’s Answer

    Landlords in Florida are responsible to maintain properties in accordance with applicable building, health and safety codes. Where there are no applicable building, housing, or health codes, maintain the roofs, windows, screens, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair and capable of resisting normal forces and loads and the plumbing in reasonable working condition. If the landlord failed to use reasonable methods to maintain the unit and the probable result of their failure to maintain the unit was that you would fall and your fall was due to their failure to maintain the rail causing serious injury, you can file a claim for personal injury against the landlord for medical bills, lost earnings, pain and other physical suffering, permanent physical disability and disfigurement, and emotional distress. However, if you knew of the water on the floor at that location or the condition was obvious, you have the responsibility to use due care to avoid having an accident.

    Ed Spinks
    ___________________________________
    From the desk of T. Edmund Spinks, Esq. P.L.
    304 Plant Ave. S. Suite 100
    Tampa, FL 33606
    Phn: 813-254-2770
    Fax: 813-254-2772
    ed@spinkslawfirm.com
    www.spinkslawfirm.com

    Disclaimer: legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. This information is not intended as legal advice for an individual situation, it is only provided as information.

    See question 
  • Field grade Article 15 procedures

    I was involved in a incident in Iraq...I denied the incident but then admitted to it...the first sergeant counseld me for the incident and then had to give me another counseling statement with a legal bullet on it...then I was told that the compan...

    Tonald’s Answer

    As you are aware an Art 15/NJP can have a serious impact on your future career in the military, especially after 12 years of outstanding service. If you have a legal service office at your base I highly recommend you contact a military defense attorney there. He/she will be in a position to evaluate your options with you and give you advice, consultations are free and confidential so you can discuss your concerns without fear the details of your situation will get back to your command. Please feel free to contact me directly if you seek additional information and thank you for your service.
    Ed Spinks
    ___________________________________
    From the desk of T. Edmund Spinks, Esq. P.L.
    304 Plant Ave. S. Suite 100
    Tampa, FL 33606
    Phn: 813-254-2770
    Fax: 813-254-2772
    ed@spinkslawfirm.com
    www.spinkslawfirm.com

    Disclaimer: legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. This information is not intended as legal advice for an individual situation, it is only provided as information.

    See question