Author Archives: Site Administrator
Veterans Criminal Diversion in New Jersey for justice-involved military and Veterans
THIS INFORMATION SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. YOU SHOULD STRONGLY CONSIDER THE BENEFITS OF CONSULTING WITH A TRAINED LEGAL PROFESSIONAL Here is the statute signed into law by Governor Christie on May 1st. It is required to be implemented by December 1st. The Department of Veterans Affairs, County Prosecutors, Superior Court judges… Read More »
Monmouth County joins Ocean and Gloucester County with Veterans Treatment Court or Veterans Criminal Diversion as NJ calls it
THIS INFORMATION SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. YOU SHOULD STRONGLY CONSIDER THE BENEFITS OF CONSULTING WITH A TRAINED LEGAL PROFESSIONAL New Jersey’s efforts to catch up to other States slowly improving. Essex is gearing up its program and Union County takes this cases on an individual basis when a Veteran’s matter is… Read More »
Understanding USERRA – the five year limit
THIS INFORMATION SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. YOU SHOULD STRONGLY CONSIDER THE BENEFITS OF CONSULTING WITH A TRAINED LEGAL PROFESSIONAL The right to reemployment pursuant to USERRA is determined by five eligibility criteria. Once of the criterion is the cumulative period or periods of uniformed service in relation to the employee-employer relationship… Read More »
The VA Presumptive List
THIS INFORMATION SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. YOU SHOULD STRONGLY CONSIDER THE BENEFITS OF CONSULTING WITH A TRAINED LEGAL PROFESSIONAL The VA presumptive list, not surprisingly, presumes that any conditions on that list were caused by military service even though there may be no medical reasoning that definitively proves the connection. The VA… Read More »
Air Force Physical Evaluation Board: An Overview
THIS INFORMATION SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. YOU SHOULD STRONGLY CONSIDER THE BENEFITS OF CONSULTING WITH A TRAINED LEGAL PROFESSIONAL The Air Force PEB is a fact-finding body that investigates the nature, origin, degree of impairment, and probable permanence of the physical or mental defect or condition of any member whose case… Read More »
USERRA and the effect of arbitration agreements
THIS INFORMATION SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. YOU SHOULD STRONGLY CONSIDER THE BENEFITS OF CONSULTING WITH A TRAINED LEGAL PROFESSIONAL Early decision on the effect of arbitration seemed to indicate that USERRA section 4302(b) overrides agreements to submit future claims to arbitration, however the 5th and 6th Circuit court of appeals have… Read More »
PEB what happens if i am found fit?
THIS INFORMATION SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. YOU SHOULD STRONGLY CONSIDER THE BENEFITS OF CONSULTING WITH A TRAINED LEGAL PROFESSIONAL If the IPEB renders a “fit for duty” decision, you may either concur or nonconcur with that decision. NONCONCUR If you nonconcur, you should submit a written rebuttal that includes new medical… Read More »
Existing prior to service and the eight year rule
THIS INFORMATION SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. YOU SHOULD STRONGLY CONSIDER THE BENEFITS OF CONSULTING WITH A TRAINED LEGAL PROFESSIONAL By law, a Soldier with over eight years of active Federal Service is eligible for disability compensation even if the condition is Exist Prior to Service (“EPTS”). The eight years of active… Read More »
EPTS: what this means to you
THIS INFORMATION SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. YOU SHOULD STRONGLY CONSIDER THE BENEFITS OF CONSULTING WITH A TRAINED LEGAL PROFESSIONAL Physical or mental disabilities that make you unfit may have existed prior to you entering military service. Causes of EPTS conditions include: hereditary or congenital defects injuries with an inception before entering… Read More »
Claims for VA benefits and character of discharge
THIS INFORMATION SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. YOU SHOULD STRONGLY CONSIDER THE BENEFITS OF CONSULTING WITH A TRAINED LEGAL PROFESSIONAL Basic eligibility for Department of Veterans Affairs (VA) benefits depends upon the type of military service performed, the duration of the service, and the character of discharge or separation. VA looks at the… Read More »
