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Table of Contents
-
Chapter 1 — Military Law and Branch Overview - I. [1.1] Military Branches Overview
-
II. Army, Army Reserve, and Army National Guard - III. United States Navy
- IV. United States Marine Corps
- V. United States Air Force
- [1.16] In General
- Air Force Judge Advocate General’s Corps
- [1.17] Overview
- [1.18] Becoming an Air Force Judge Advocate
- [1.19] Initial Practice as an Air Force Judge Advocate
- [1.20] Career Practice as an Air Force Judge Advocate
- [1.21] Geographic Locations
- [1.22] Legal Specialties
- [1.23] Command Echelons
- [1.24] Leadership Positions
- [1.25] Military Justice — Job #1
- [1.26] In Summary
- VI. National Guard
- Chapter 2 — VA Benefits
- I. [2.1] Introduction
- II. [2.6] VA Benefits Overview
- [2.7] Five Initial Inquiries
- [2.8] Is Claimant a Veteran or a Qualifying Dependent or Survivor?
- [2.9] What Was the Character of the Claimant’s Discharge from Service?
- [2.10] Did the Claimant Perform Active Military Service?
- [2.11] What Was the Length of the Claimant’s Military Service?
- [2.12] Was There Any Willful Misconduct by the Claimant Related to the Claim?
- Available Benefits
- [2.13] Educational Benefits
- [2.14] VA Home Loan Guarantee
- [2.15] Access to Insurance Benefits
- [2.16] Burial Benefits
- [2.17] Pension Benefits
- [2.18] Service-Connected Disability Compensation
- [2.19] Current Disability
- [2.20] In-Service Incurrence or Aggravation
- [2.21] Nexus
- [2.22] Direct service connection
- [2.23] Aggravation
- [2.24] Statutory presumption
- [2.25] Secondary service connection
- [2.26] Legal Standards
- [2.27] Certain Bars to Benefits
- III. VA Adjudication Process on an Original Claim for Disability Compensation
- Submitting a Benefits Claim at the Veterans Affairs Regional Office
- [2.28] Veterans Affairs Regional Office
- [2.29] Types of Claims Filed at the Veterans Affairs Regional Office
- [2.30] New or Original Claim
- [2.31] Reopened Claims Filed After a Final VA Denial
- [2.32] Claims for Revision of a Previous Final Decision Based on Clear and Unmistakable Error
- Claims Processing at the Veterans Affairs Regional Office
- [2.33] How To File a Claim at the Veterans Affairs Regional Office
- [2.34] Claim Processing
- [2.35] Duties Owed by the Veterans Affairs Regional Office
- [2.36] Time Limitations
- [2.37] Notification Letters
- [2.38] Denial of Claims
- VA Regional Office Administrative Appeal
- [2.39] Notice of Disagreement
- [2.40] De Novo Review by a Decision Review Officer
- [2.41] Statement of the Case
- [2.42] Board of Veterans’ Appeals
- [2.43] Hearing
- [2.44] Equitable Relief
- IV. Establishing the Percentage of Service-Connected Disability
- V. Disability Ratings and the Percentage of Disability
- [2.48] Introduction
- [2.49] Multiple Disabilities
- [2.50] Establishing the Percentage of Disability
- [2.51] Payment Levels
- [2.52] VA Evaluation of Claims
- [2.53] Benefit of the Doubt
- [2.54] Analogous Ratings
- [2.55] Combining Two or More Disabilities
- [2.56] Rule Against Pyramiding
- [2.57] The Amputation Rule
- [2.58] The Bilateral Factor Rule
- Special Evaluation Compensation Categories
- [2.59] Special Monthly Compensation
- [2.60] Noncompensable Evaluation
- [2.61] Total Disability Based on Individual Unemployability
- [2.62] Reevaluation of a Service-Connected Disability
- [2.63] Reduction of a Disability Percentage
- [2.64] Rating Schedule Revisions
- [2.65] Termination of Disability Compensation
- [2.66] Increase of Disability Percentage
- Chapter 3 — Labor and Employment
- I. Scope of Chapter
- II. [3.4] Antidiscrimination Provision
- III. [3.5] Reemployment Rights
- [3.6] Eligibility for Reemployment Under §4312
- [3.7] Reemployment Positions Under §4313
- [3.8] Period of Service of Less than 91 Days
- [3.9] Period of Service of More than 90 Days
- [3.10] Reemployment of a Disabled Person
- [3.11] Escalator Position
- [3.12] Promotions
- [3.13] Reemployment of Servicemembers with Disabilities
- [3.14] Waiver of Rights Not Allowed
- When an Employer Is Not Required to Reemploy an Individual: Employer Defenses
- [3.15] Character of Service
- [3.16] Changed Circumstances
- [3.17] Undue Hardship
- [3.18] Nonrecurrent Position
- [3.19] Burden of Proof Under §4312
- [3.20] Protections Against Discharge
- IV. Other Issues
- V. [3.26] Appendix — Checklist
- Chapter 4 — Servicemembers Civil Relief Act
- I. [4.1] Scope of Chapter
- II. History and Intent
- III. Servicemembers Civil Relief Act Protection and Coverage
- IV. Procedural Protections of Servicemembers Civil Relief Act
- V. Financial Protections
- [4.20] Six-Percent Interest Cap (Material Effect — Burden on Creditor To Show No Material Effect)
- [4.21] Application to Mortgages
- [4.22] Student Loans
- [4.23] Nondiscrimination Protection
- Residential Lease Terminations
- [4.24] In General
- [4.25] Joint Leases
- [4.26] Automobile Lease Terminations
- [4.27] Cell Phone Contract Terminations
- [4.28] Evictions
- [4.29] Installment Contracts
- [4.30] Mortgages and Lien Protection
- [4.31] Income and Property Tax
- [4.32] Mobile Homes
- [4.33] Secondary Liability
- [4.34] Business and Trade Protection
- [4.35] Fines and Penalties Under Contract
- VI. Residence Rights
- VII. Other Servicemembers Civil Relief Act Protections
- VIII. [4.47] Waiver
- Chapter 5 — Illinois State Benefits and Laws
- I. [5.1] Educational Benefits
- II. Employment and Consumer Laws
- [5.8] Service Member’s Employment Tenure Act
- [5.9] Definitions
- [5.10] Reemployment
- [5.11] Penalties
- [5.12] Illinois National Guard Employment Rights Law
- [5.13] Application
- [5.14] Reemployment
- [5.15] Documentation
- [5.16] Illinois Human Rights Act
- [5.17] Definitions
- [5.18] Violations
- [5.19] Filing a Complaint with the Illinois Department of Human Rights
- [5.20] Public Employee Armed Services Rights Act
- [5.21] Family Military Leave Act
- [5.22] Covered Entities
- [5.23] Requirements for Leave
- [5.24] Protections and Enforcement
- [5.25] Local Government Employees Benefits Continuation Act
- [5.26] Military Leave of Absence Act
- [5.27] Coverage and Protections
- [5.28] Enforcement
- [5.29] Municipal Employees Military Active Duty Act
- Unemployment Benefits
- [5.30] Unemployment Compensation for Former Servicemembers
- [5.31] Unemployment Compensation for Military Spouses
- III. [5.32] Property Tax Relief
- IV. [5.36] Preference in Hiring and Promotion
- Personnel Code
- [5.37] Requirements
- [5.38] Ratings Methods
- [5.39] Categorical Method
- [5.40] Numerical Method
- [5.41] Administrative Review
- Municipal Code
- [5.42] Entrance Examinations
- [5.43] Promotional Examinations
- Secretary of State Merit Employment Code
- [5.44] Requirements
- [5.45] Procedures
- [5.46] Administrative Review
- [5.47] State Treasurer Employment Code
- [5.48] Comptroller Merit Employment Code
- [5.49] Illinois Procurement Code
- V. [5.50] Consumer Benefits and Protections Through the Illinois Patriot Plan and the Illinois Service Member Civil Relief Act
- [5.51] Military Personnel Cellular Phone Contract Termination Act
- [5.52] Department of Central Management Services Law
- [5.53] Illinois Municipal Code and Public Utilities Act
- [5.54] Illinois Insurance Code
- [5.55] Eviction Proceedings Under the Code of Civil Procedure
- [5.56] Interest Act
- [5.57] Motor Vehicle Leasing Act
- VI. [5.58] Death and Burial Benefits
- Chapter 6 — Family Law
- I. Jurisdiction over Servicemembers
- II. Marriage
- III. [6.6] Domestic Violence in the Military
- IV. [6.7] Military Family Support
- Family Support According to Military Branch
- [6.8] Army
- [6.9] Air Force
- [6.10] Coast Guard
- [6.11] Marine Corps
- [6.12] Navy
- [6.13] Garnishment
- [6.14] Limitations on Garnishments Against Servicemembers
- [6.15] Multiple Child Support Orders
- [6.16] Termination of Child Support Obligation and Garnishment
- [6.17] Temporary Termination of Child Support Payments upon Member’s Retirement
- [6.18] VA Disability Payments
- [6.19] Jurisdiction over Adjudication of Division of Military Retirement Pay
- V. Survivor Benefit Plan and Divorce
- VI. [6.26] Reserve Issues
- VII. [6.29] Appendix — Additional Resources
- Chapter 7 — Resources
- I. [7.1] Scope of Chapter
- II. [7.2] Educational Benefits
- [7.3] Federal Educational Benefits
- [7.4] Montgomery GI Bill — Active Duty (MGIB-AD)
- [7.5] Montgomery GI Bill — Selected Reserve (MGIB-SR)
- [7.6] Reserve Educational Assistance Program (REAP)
- [7.7] Post-9/11 GI Bill
- [7.8] Survivors’ and Dependents’ Educational Assistance (DEA)
- [7.9] Veterans’ Educational Assistance Program (VEAP)
- [7.10] Vietnam Era GI Bill Conversion Program
- [7.11] Vocational Rehabilitation and Employment (CH31)
- [7.12] State Educational Benefits
- [7.13] Children of Veterans Scholarship
- [7.14] Educational Opportunities for Children
- [7.15] Illinois National Guard Scholarship
- [7.16] Illinois Veterans Grant (IVG)
- [7.17] MIA/POW Scholarship
- III. [7.18] Health-Related Services and Benefits
- [7.19] Veterans Administration Disability Claims and Pension Benefits and Claims
- [7.20] Department of Veterans Affairs
- [7.21] Veterans Service Organizations
- Organizations Chartered by Congress and/or Recognized by VA for Claim Representation
- [7.22] African American Post Traumatic Stress Disorder Association
- [7.23] Air Force Sergeants Association
- [7.24] American Defenders of Bataan and Corregidor
- [7.25] American Ex-Prisoners of War
- [7.26] American GI Forum of the United States
- [7.27] American Gold Star Mothers, Inc.
- [7.28] American Legion
- [7.29] American Red Cross
- [7.30] American War Mothers
- [7.31] AMVETS
- [7.32] Armed Forces Services Corporation
- [7.33] Army and Navy Union, USA, Inc.
- [7.34] Blinded Veterans Association (BVA)
- [7.35] Blue Star Mothers of America, Inc.
- [7.36] Catholic War Veterans, USA, Inc.
- [7.37] Congressional Medal of Honor Society
- [7.38] Disabled American Veterans
- [7.39] Fleet Reserve Association (FRA)
- [7.40] Gold Star Wives of America, Inc.
- [7.41] Italian American War Veterans of the United States
- [7.42] Jewish War Veterans of the United States of America
- [7.43] Legion of Valor of the United States of America, Inc.
- [7.44] Marine Corps League
- [7.45] Military Chaplains Association of the United States of America
- [7.46] Military Order of the Purple Heart of the USA
- [7.47] Military Order of the World Wars
- [7.48] National Amputation Foundation
- [7.49] National Association for Black Veterans, Inc.
- [7.50] National Association of County Veteran Service Officers
- [7.51] National Association of State Directors of Veterans Affairs (NASDVA)
- [7.52] National Veterans Legal Services Program (NVLSP)
- [7.53] Navy Club of the U.S.A.
- [7.54] Navy Mutual Aid Association
- [7.55] Non Commissioned Officers Association
- [7.56] Paralyzed Veterans of America
- [7.57] Pearl Harbor Survivors Association, Inc.
- [7.58] Polish Legion of American Veterans — USA
- [7.59] Swords to Plowshares
- [7.60] The Retired Enlisted Association
- [7.61] United Spinal Association
- [7.62] US Submarine Veterans of World War II
- [7.63] Veterans Assistance Foundation
- [7.64] Veterans of Foreign Wars of the United States
- [7.65] Veterans of the Vietnam War, Inc./The Veterans Coalition
- [7.66] Veterans of World War I of the USA, Inc.
- [7.67] Vietnam Veterans of America
- [7.68] Women’s Army Corps Veterans’ Association
- [7.69] Illinois Department of Veterans’ Affairs
- Legal Clinics and Third-Party Organizations
- [7.70] The John Marshall Law School Veterans Legal Support Center
- [7.71] Legal Assistance Foundation of Metropolitan Chicago
- [7.72] Southern Illinois University School of Law Veterans’ Legal Assistance Program (VLAP)
- [7.73] University of Detroit Mercy School of Law Project SALUTE
- [7.74] Committee for Employer Support of the Guard and Reserve
- [7.75] Veterans Administration Healthcare
- [7.76] Veterans’ Life Insurance and Navy Mutual Life Insurance
- [7.77] Veterans’ Health Insurance
- [7.78] Mental Health Care
- [7.79] Women’s Veteran Programs and Services
- [7.80] Survivor Benefits
- IV. [7.81] Military Records
- V. [7.84] Other Benefits
Authors
- Katie L. Ambler
Katie L. Ambler
No bio available.
- Michael Barnicle
Michael Barnicle
No bio available.
- Joseph Butler
Joseph Butler
No bio available.
- Michelle Camden
Michelle Camden
No bio available.
- Brian Clauss
Brian Clauss
Brian Clauss is an arbitrator, mediator, and attorney in Park Ridge. His practice focuses on alternative dispute resolution. He is a frequent author and lecturer on labor and employment matters; serves on the alternative dispute resolution rosters of the Federal Mediation and Conciliation Service, the American Arbitration Association, the Asia Center for Regional Arbitration, and various other local, national, and international panels and rosters; and is the Executive Director of The John Marshall Law School’s Veterans Legal Support Center. Mr. Clauss received his B.A. from Lake Forest College and his J.D. from The John Marshall Law School.
- John F. Costello, Jr.
John F. Costello, Jr.
John F. Costello, Jr., concentrates his practice in regulatory compliance and government relations in Chicago, where he served as Freedom of Information and Open Meetings Officer in the Office of the Illinois Attorney General in the wake of the 2010 substantial amendments to both laws. Costello is a Certified Information Privacy Professional (CIPP) and a frequent commentator on public access laws, in addition to providing advice and counsel on public access requests to both public bodies and requestors. He received his B.S. from Quincy University and his J.D. from UIC John Marshall Law School.
- Charlene Foss
Charlene Foss
No bio available.
- Richard D. Fox
Richard D. Fox
No bio available.
- Amy Garrett
Amy Garrett
No bio available.
- Nicholas Henry
Nicholas Henry
No bio available.
- Kevin Hull
Kevin Hull
No bio available.
- Daniel Sean Patrick Lacy
Daniel Sean Patrick Lacy
Daniel Sean Patrick Lacyis an attorney for the United States Military Entrance Processing Command in North Chicago. His practice focuses on labor and employment law. He serves as a U.S. Army Reserve Major in the 91st Legal Operations Detachment. He was awarded the Joint Service Commendation Medal and was named the United States Military Entrance Processing Command Employee of the Year (2020 – present). Mr. Lacy received his J.D. and his LL.M. from the University of Illinois Chicago School of Law.
- Steven J. Lepper
Steven J. Lepper
No bio available.
- Katherine E. Licup
Katherine E. Licup
No bio available.
- John Lynn
John Lynn
No bio available.
- Mary C. Meixner
Mary C. Meixner
No bio available.
- Marcia L. Moellring
Marcia L. Moellring
No bio available.
- Brian Morris
Brian Morris
No bio available.
- Akeela Savage
Akeela Savage
No bio available.
- Sean M. Smoot
Sean M. Smoot
No bio available.
- Margaret Riley Thomas
Margaret Riley Thomas
No bio available.
- Carl S. Tominberg
Carl S. Tominberg
No bio available.
- Jason T. Vail
Jason T. Vail
Jason T. Vail is the Director of the Legal Services Division of the American Bar Association in Chicago. Mr. Vail received his J.D. cum laude from Gonzaga University School of Law.
- Thomas White
Thomas White
No bio available.
- Jeanne C. Wood
Jeanne C. Wood
No bio available.
- Julie Yriart
Julie Yriart
No bio available.
Military Service and the Law (ARCHIVED 2009 EDITION & 2013 SUPPLEMENT)
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