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Robert Bruce Goss

Robert Goss’s Answers

54 total


  • Should I pursue an appeal with the VA for DIC and a rating reconsideration, or is there another avenue we should take?

    My husband was medically retired from Army active duty service in October of 2014 after 7 years and 2 tours in Iraq. He had physical and mental injuries, some serious ones he believed were due to the burn pits in Iraq (There is an active class act...

    Robert’s Answer

    APPEAL, request substitution also if there was an active claim.

    An accredited VA attorney will need to look at the case and work it from there. You only have 1 year to substitute.

    See question 
  • What can I do about this? Do the same concepts apply in a situation where a bank is closed?

    I rent a location to people, and their rent was due on a Sunday, a day of the week which I do not open my business, so I do not receive payments, after the due date, there is a late fee charged, as stated in the contract. The people do not want to...

    Robert’s Answer

    Ms. Barbara Berschler and Ms. Hutchinson have given you good advice,
    Having a happy PAYING tenant is better than no tenant at all. To collect, you will have to go to JP Court. Then your case boils down to the tenant claiming they paid you on a day your business is closed, but you never received the check. According to your facts they will not have proof of a cashed check. But they may also have a record ogf the written check. Whose is to say you did not get the check and did not cash it as you wanted the late fee, because you opened the mail box on Monday. And the real crux is the client has tried to pay you, but you will not take payment now as you want the late fees.

    If you drafted the lease, then the lease must conform to all of Texas statute for rental property. Reading your question, you expected the tenant to exceed the contract and tender rent PRIOR to the due date. You further arranged for payment on the day due to be impossible. Now because you made it impossible you want rewarded extra money claimed as a late fee BECAUSE YOU made it impossible to have the tenants pay on the day rent was due.

    I would be interested in hearing how this turns out. I would accept rent, and tell the tenant sorry for the misunderstanding. If their check does not clear after paid, you now have the 1 month of non-payment and late fees to file.

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  • Can a probation officer make me work if I have a disability rate from the VA of 70 percent, but it goes to 100 do to unemployabl

    I have PTSD from service in Iraq and have 70 percent which is raised to 100 percent do to employability. I was wandering if a probation officer can make me work. I can give them the award letter from the VA.

    Robert’s Answer

    Criminal issues are seperate from your VA TDIU.

    To remain eligible for TDIU, the VA made a determination that you were not able to get or hold SUBSTANTIALLY gainful employment. In most cases, a medical provider has documented that you are so occupationally or socially impaired that you cannot work. If, however, your PTSD improved and your symptoms no longer prevent you from working then TDIU may be removed. TDIU is based on equity.

    I would have a talk with your Defense attorney, and also see if you could be placed under the supervision of a veterans court Judge. Your defense attorney may need to see the VA Order or rating decision, and the medical determination. Normally this can be found in your C&P examination.

    Good Luck

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  • Looking for a attorney that deals with veteran benefits?

    Just informed by family member that my grandfather/ guardian left me his VA benefits is there a time frame& how would I go about looking into that? I am asking this question for a. Family member

    Robert’s Answer

    I need more information to provide you an answer.

    The VA has a system where the spouse, then dependent children (normally below the age of 18), and then dependent parents receive what is referred to as DIC (includes accrued benefits). However there are numerous issues that must be met. Time your grandfather was receiving benefits, was this a service-connected injury that was a cause of death, etc.

    The fastest way to check on this issue is to go to the local VA office and file a claim. If the VA denies the claim then you can hire an attorney if a valid claim exists. VA Benefits are for the veteran and depending on the legal guardianship MAY be payable to you.

    However, VA benefits are not like a car, your Grandfather cannot pass the benefits along in his will you get the benefits. Here the Government, VA, has rules.

    Good luck.

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  • I'm a renter who has paid May rent in full as well as late fees. Can my landlord still evict due to past history of late payment

    I've lived in the property (TX) for 8 months. Unfortunately, I've paid late each month but also paid all late fees each month. I paid $900 of my May rent on or about April 28. The remainder was mailed and received by my landlord on 5/9. She acknow...

    Robert’s Answer

    Your question lists the late fees, but I suggest you speak with an attorney, as your lease is going to control the actions against you.

    A 3 day notice is just that a Notice to voluntarily vacate. The LL will have to go to JP court if you do not vacate, and you may be able to explain to the Judge what is going on.

    Additionally, with all the late fees, you are hurting yourself. Try talking to the LL and making on time payments from now on. Good renters are hard to find sometimes.

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  • Is a Landlord aloud to charge if you have a guest in your apartment for an evening, or tell you that no one can spend the night

    I received a notice on my door to all tenant notice, stating that no overnight visitors were allowed and if someone was going to spend the night we had to pay $40.00 a night for them to stay. I've received another notice to all tenants, about ...

    Robert’s Answer

    Mr. Erikson, has provided good advice. I will add you can contact Mr. Erikson or a local bar association in your county.

    Without seeing YOUR lease, all this advice is general. Your specific lease will control what you are allowed to do and the same for your landlord.

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  • If I subleased a room in my loft and am having trouble getting the tenant to pay rent, can I evict?

    My roommate, who paid her rent and utilities on time the first few months, is now not paying. Her rent is $750 with utilities included, and on the 6th of this month she paid me $200. She told me that she could pay another $175 on Friday and then...

    Robert’s Answer

    In addition to the legal methods, Mr. Erickson stated so well, you might also try to talk. That is if you still want the tenant / roommate. Tell them you will start the eviction procedures unless the person pays the entire rent. Your lease is not mentioned and that will be important to stay within the written agreement.

    Next there are specific requirements to provide notice, that you must follow.

    Good Luck

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  • How to legally force my drug addicted brother to leave the house? He's 33 and on several times he has stolen from me and my mom.

    My brother broke in to my mom's house while we were away. He forced the main entrance door and broke into my room through a window. He stole several rings and bracelets, even my violin. When we confronted him he said he would accuse us of buying...

    Robert’s Answer

    In addition to Mr. Clayton's answer, your brother is a trespasser who the Police can remove if you use the Police. This assumes your brother is not on the lease or has the home in his name through a mortgage.

    Best way is to let the Police do their job and you can change the locks and keep him out. Be careful and stay safe.

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  • Can my apartment complex over charge me on my rent;because I am on probation?

    I found my apts via Green sheet a yr back. I have talked to folks who live hear who have my some floor plan etc who pay less rent then me. Have i been scammed taken advantage of? They also have very bad back grounds i.e. drug charges sex offenders...

    Robert’s Answer

    In Texas, you contract will control. At the time you signed you agreed to the amount.

    The facts you stated do not indicate when your neighbor's signed their lease. Plus their lease is not important to the lease you signed.

    Moving without proper notice (lease expires) or following the Texas Property Code for when you may leave due to sex offenders or other issues covered in the Property Code leave you open to being sued for THE REMAINDER OF THE RENT.

    It all depends on your lease. I do not do criminal work, but I assume on probation you do not need anymore lawsuits against you.

    If you are unhappy, take care of the apartment, and find a better home when your lease expires. Good Luck.

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  • What can I do legally if my landlord refuses to fix things that are wrong in my apt?

    We have notified the manager several times about our electric stove that keeps shocking us when we cook. The manager says that he has told the owner yet the owner has not responded. It has been happening for several months now and has gotten worse...

    Robert’s Answer

    First, you must notify your landlord in writing. I suggest you send a letter Certified Mail, Return Receipt Request. Keep a copy of the letter and save the return receipt when you get it back.

    Please see http://www.militaryveteranlawyer.com/2008/11/tenanrs_remedies_when_a_landlo.html
    that I wrote, which covers a lot of what you need to do to remedy this situation.

    Good luck and if you need an attorney to help you call the State Bar of Texas and see who they have there for Landlord Tenant attorneys.

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