Tonald Edmund Spinks’s Answers

Tonald Edmund Spinks

Tampa Car / Auto Accident Lawyer.

Contributor Level 9
  1. What are the consequences of a general discharge from the military

    Answered over 5 years ago.

    1. Stephen Hayes Carpenter JR
    2. Tonald Edmund Spinks
    3. Eric Michael Allen
    3 lawyer answers

    Your command will make the decision as to the type of punishment that will be appropriate (i.e. Article 15, or court martial). Of course you have the option to refuse an Art 15, but that would likely force the command to request a court martial. Either way you are entitled to consult a military defense attorney for free, I would contact them and if you can consult with an attorney who understands reserve/guard issues as well. If you were not on active duty, generally the UCMJ will not apply...

    3 people marked this answer as helpful

  2. Can I go from non service connected Pension to service connected Disability?

    Answered almost 3 years ago.

    1. Daniel G Krasnegor
    2. Tonald Edmund Spinks
    3. Deanne L. Bonner Simpson
    4. Clifford Michael Farrell
    4 lawyer answers

    Persian Gulf War veterans have a special method to receive compensation benefits through 38 U.S.C.S. § 1117, which provides rules that allow Persian Gulf War veterans who manifest a “qualifying chronic disability” to obtain service connection even if their disability cannot be service connected under the regular rules. A "qualifying chronic disability" is 1. an undiagnosed illness, or 2 a medically unexplained chronic multisymptom illness, or 3 an illness determined in regulations (generally...

    1 lawyer agreed with this answer

  3. I owe backed up child support can they garnish my wife veterans affair pension in New York or Tennessee

    Answered over 5 years ago.

    1. Tonald Edmund Spinks
    1 lawyer 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...

    1 lawyer agreed with this answer

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

    Answered over 5 years ago.

    1. Tonald Edmund Spinks
    1 lawyer 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...

    1 lawyer agreed with this answer

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

    Answered over 5 years ago.

    1. Tonald Edmund Spinks
    1 lawyer 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...

    1 lawyer agreed with this answer

  6. Air National Gaurd pay check

    Answered over 5 years ago.

    1. Tonald Edmund Spinks
    1 lawyer answer

    First thank you for serving our country. I would recommend using the chain of command to resolve the problem. Ordinarily, the unit First Sergeant is responsible for pay matters relating to airmen in the unit. If he or she is unable to resolve the problem, the unit commander should be consulted. If the unit is unable to resolve the issue, the final step is to contact the local or state IG's office. The Alabama State Inspector General is a Regular Army Colonel detailed by the Department of...

    1 lawyer agreed with this answer

  7. What rights do I have against the military for having developed PTSD

    Answered almost 6 years ago.

    1. Tonald Edmund Spinks
    1 lawyer answer

    Being in the military and being away from an ailing family member can be very stressful for anyone. You should request a medical appointment through your chain of command or chaplain (they can be very helpful in these situations). The military mental health care providers will keep your information confidential, even from your chain of command, with very few exceptions (i.e. if you are a threat to yourself or others). If you continue to have difficulties or have further legal questions, you...

    1 lawyer agreed with this answer

  8. Is the Military in violation of Breach of Contract?

    Answered almost 5 years ago.

    1. Tonald Edmund Spinks
    1 lawyer answer

    Unfortunately there are a number of reasons you can not sue the military due to a stop-loss program. More specifically, it is authorized by Congress and in your enlistment contract. However, there was recent legislation that authorizes retroactive payment of $500.00 per month for those soldiers that were in stop loss status since 2001. The below Q&A is from - https://www.stoplosspay.army.mil/Docs/StopLossFAQS.pdf 3. Who is eligible for the Retroactive SLSP? Answer: Service members,...

    1 person marked this answer as helpful

  9. Does this create a conflic of interest with me and the Army? (Military Law)

    Answered over 5 years ago.

    1. Jeffrey Alan Lustick
    2. Tonald Edmund Spinks
    2 lawyer answers

    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...

    1 person marked this answer as helpful

  10. Field grade Article 15 procedures

    Answered over 5 years ago.

    1. Tonald Edmund Spinks
    1 lawyer 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....

    1 person marked this answer as helpful