Grayson v. Grayson Tennessee Court of Appeals
Military Law Attorney Paul Tennison
A recent Tennessee Court of Appeals case spent significant time analyzing and discussing United States Department of Defense Financial Management Regulations regarding military retirement benefits in divorce. Grayson v. Grayson, No. E2020-01339-COA-R3-CV, 2021 Tenn. App. LEXIS 354 (Ct. App. Sep. 3, 2021).
VA disability law can be daunting for many eligible veterans who want to submit a VA disability claim or wish to appeal a negative disability determination. One of the main concepts that is difficult for service members to understand is which injuries or illnesses VA disability will cover. The answer is “only those disabilities that the applicant can prove are service connected.”1
What Is Considered a Service Connected Injury?
During my experience representing disabled veterans, it has become apparent to me that many VA disability claims are denied because the VA has determined the injury or illness is not service connected. Service connected means “an injury or illness that was incurred or aggravated during active military service.”2 In VA decision letters language similar to the following is often used:
“Where there’s no will, there’s no say”
Approximately 60% of Americans are said to die “intestate”.1 Simply put, this means that the deceased individual (i.e. the “decedent”) did not create a legally valid and enforceable will during his or her lifetime. Nevertheless, the decedent’s estate must be distributed in some manner. In general, most state intestacy laws favor a decedent’s spouse first, then children, followed by parents, and more remote relatives.
Tennessee Intestacy Laws
Military Law Attorney Paul Tennison
Many current or former service members and their current or former spouses are generally aware of the Uniformed Services Former Spouses’ Protection Act. However, from my experience in working with military family law matters, it is an area of law that many people misunderstand. The purpose of this article is to help members and former spouses better understand their rights and obligations under the “USFSPA”.
The Uniformed Services Former Spouses’ Protection Act is a federal law codified at 10 U.S.C. § 1408, et. seq. The Act gives state courts the authority to treat disposable retired pay as property of the member and spouse in divorce. In the definitions section of the Act, the law specifies that only “disposable retired pay” as defined in the act is divisible. The Act prescribes important limitations, i.e. it only applies when the spouse or former spouse was married to the service member for at least ten years during which time the member performed at least ten years of service creditable for retired pay. The law does not authorize courts to order any member to apply for retirement at any specific time. All payments under the USFSPA cannot exceed 50 percent of the disposable retired pay of a member. If there is more than one court order, they are satisfied on a “first-come, first-served basis”.
Many service members understand the frustration of being wrongfully denied disability compensation from the Veterans Administration. In my experience I have observed veterans who became frustrated with the process and ultimately gave up. This is most unfortunate. If you have suffered an injury or illness due to your military service, you should be compensated under federal law. However, the failure of many service members to understand the VA system can cause self-inflicted problems.
I recommend the following five best ways to present persuasive disability evidence as an effective strategy:
Collecting military challenge coins is something that service members understand. However, those outside the military may have never seen them before or comprehend their unique history. Many purposes are served by challenge coins in the military. One is to reward exceptional performance during training or combat operations. Rewarding excellence is commonly utilized among military leaders to incentivize excellence and raise the morale of a unit. At other times coins are awarded to all service members involved in a particular unit or mission. This shows that each Solider awarded the coin belongs to that unit or contributed to the mission. When I see a military challenge coin, I try to identify the unit, operation, or other insignia to determine if I recognize those features.
I was unaware of the traditions of military challenge coins until I arrived at West Point. As a cadet at the United States Military Academy, I often interacted with Army officers and senior non-commissioned officers who had on their desk or in their office a large collection of military challenge coins. I would sometimes recognize the unit insignia of a well known Army unit or a combat operation or training center that was displayed on a specific coin.
I distinctly remember the first time I was personally awarded a military challenge coin. As a cadet, I volunteered to be on the Color Guard during my sophomore year. As part of my Color Guard duties that year, I often carried general officer flags during parades. One day, as I was performing that duty for the Commandant of Cadets, Brigadier General Robert L. Caslen, the General surprised me by shaking my hand and thanking me for doing an excellent job in performing my duties. He presented me with a coin bearing one star and the West Point insignia that to this day is the military challenge coin of the highest rank that I have been awarded.
How Does the Army ROTC Program Work?
Military Law Attorney Paul Tennison
The US Military’s Reserve Officers’ Training Corps is a system through which many college students can pursue an undergraduate education while conducting military training that prepares them for a period of service as a commissioned military officer. According to the US Army, “The overall mission of the Army ROTC Program is to produce commissioned officers in the quality, quantity, and academic disciplines necessary to meet active Army and reserve component requirements.”1 Army ROTC includes a chain of command starting with a Commanding General and going down through a Battalion Commander and Professor of Military Science (PMS) to individual cadets.
Divorce Law Basics
Lawyers label divorce cases according to the complexity of issues that must be resolved prior to the granting of a decree and/or to the degree of contention that exists between the two opposing parties. An uncontested divorce is one in which both spouses seek a divorce and agree on all divorce related matters. A contested divorce is a case where one of the spouses does not want a divorce or where the spouses are unable to agree on all the issues of the case. A complex divorce case is a contested divorce where many issues are in dispute.
Important considerations in a divorce may include: alimony¹, a parenting plan and child support (when there are minor children), the division of personal property (such as furniture, cars, firearms, etc.), payment of attorney’s fees, marital debt, division of real property, taxes, and other financial considerations. Every case is unique, and significant issues will vary based upon the complexity of the marital estate and the personal goals of each spouse. Speaking with an attorney before filing for divorce can help someone who is considering divorce determine what issues may or may not be significant to him or to her.
As part of the response to the 2019 Novel Coronavirus (COVID-19), on April 22, 2020, the President issued a Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak (the “Proclamation”). The Proclamation, which is effective April 23, 2020, for a period of sixty (60) days, does significantly impact immigration for many individuals currently outside of the United States and seeking entry into the country on a permanent basis. Nevertheless, the Proclamation also has many exceptions, and it appears likely that the Proclamation will not ultimately prevent the majority of individuals seeking lawful permanent residency in the United States from obtaining green cards.
Generally, the Proclamation suspends and limits the entry of individuals who are not United States citizens or lawful permanent residents into the United States. Importantly, however, the Proclamation only applies to individuals who: (1) are outside the United States on April 23, 2020; (2) do not have an immigrant visa that is valid on April 23, 2020; and (3) do not have an official travel document other than a visa (i.e., an advance parole document, re-entry permit, or other official travel document) that is valid on April 23, 2020, or issued on any date after April 23, 2020, and permits the individual to travel to the United States and seek entry or admission.
Moreover, the general suspension and limitation on entry contained in the Proclamation has several exceptions and does not apply to several categories of individuals. Individuals falling within any of these exceptions will not be denied entry into the United States as immigrants due to the Proclamation. Specifically, the Proclamation does not apply to individuals falling into any of the following categories: (1) any lawful permanent resident of the United States; (2) any individual seeking to enter the United States on an immigrant visa as a physician, nurse, or other healthcare professional, or to perform work essential to combating or recovering from the COVID-19 outbreak (including any spouse and unmarried children under 21 years old of any such individual(s)); (3) any individual applying for an EB-5 Investor Visa; (4) any individual who is the spouse of a United States citizen; (5) any individual who is a child of a United States citizen and under the age of 21; and (6) any member of the United States Armed Forces and any spouse and children of a member of the United States Armed Forces. In addition, the Proclamation contains exceptions for certain individuals designated by the Secretary of State or the Secretary of Homeland Security as being important to the furtherance of certain law enforcement objectives or whose entry would be in the national interest.
What Is the Purpose of Discovery?
Discovery is the formal pre-trial process through which each party in a civil lawsuit may discover legal evidence and facts about the case from the opposing party or parties and witnesses. In Tennessee, discovery is governed by the Tennessee Rules of Civil Procedure and, in many cases, by local rules as well. The general scope of discovery is quite broad. “Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action…”1 Both Plaintiffs and Defendants should use the discovery process in an effort to prove their claims and defenses and disprove the claims and defenses of the opposing party. The court may limit discovery in certain circumstances.2
There are four main types of discovery that will be utilized in most civil cases: interrogatories, request for production of documents, requests for admission, and depositions.3
Cole Law Group Blog
