Helping Service Members Advocate For More Favorable Case Outcomes
You may find your disability case, retirement or separation matter, or Board for Correction of Military Records case didn’t play out how you wanted it to. As a result, you worry about the implications of this decision on your life, you and your family’s financial future, or your continuing career in the military. A remedy may require judicial review by a judge in a federal court of competent jurisdiction. If you recently suffered adverse action or a BCMR denial and wish to appeal it, I am here to help.
As the sole lawyer at Midwest Military & Veterans Law, PLLC, I help servicemembers like you stationed in the United States and worldwide appeal initial decisions made in your initial military court case. I have nearly 15 years of experience managing these matters and strong knowledge of the military personnel matters, administrative appeals, and federal court review. I understand the complicated nuances of seeking judicial review of military actions in federal court. Few attorneys can effectively operate in these environments, but I have a proven record of doing so.
When Do You Have Grounds To Appeal Your Initial Case?
Typically, you can appeal your BCMR case if their decision:
- Violates a statute, regulation, rule or case law
- Fails to address non-frivolous arguments raised before it
- Fails to grapple with an important aspect of the case
- Ignores evidence supporting your request for relief
- Fails to provide a rational connection between the facts of the case and the reason for denial
- Conflicts with the board’s own precedent
- Arbitrarily grants partial relief
- Grants records corrections but fails to properly direct monetary relief
These are only a few examples of potential issues in your trial. I can conduct a thorough review of your case and walk you through the necessary steps of how to appeal it. Call me at 202-990-1388 to start today.
Appealing Adverse Military Actions Directly In Federal Court
Some adverse military actions are directly appealable to a federal court without first requiring an application to the BCMR. In some circumstances, cases where the military’s adverse action resulted in monetary harm can be appealed directly to the United States Court of Federal Claims.
However, discerning whether this is a viable option is complex and requires a deep understanding of the court’s jurisdiction and decades of precedent. I have successfully litigated numerous such cases in the Court of Federal Claims and can evaluate whether your case is viable.
How Does Appealing A Military Civil Case Work?
Determining if your case qualifies: These qualifications can depend a lot on the specific circumstances of your case. Contact me, and I can help you determine if your meets certain qualifications for federal court.
Filing in court: If you want to challenge the results of your initial case, you can initiate a case in a federal court of appropriate jurisdiction. You must usually file a case within six years that the claim began to accrue and a claim’s accrual date is highly fact-specific and depends on the action being appealed and in which court. As such, it is important to contact potential legal counsel at the earliest possible to date to ensure that your case is evaluated to maximize its potential for success.
Having a judge review your case: Typically after comprehensive legal briefing, a federal judge will evaluate your claims and arguments and render a judgment. Sometimes, the government will negotiate an agreement that results in favorable relief without further litigation. I can help you build a solid and compelling claim that advocates for your interests in these circumstances.
Determining next steps: Initial success in federal court is often just the beginning of a complex bureaucratic process of correcting records and implementing other relief. I have the knowledge and experience to anticipate what to expect and how to avoid unnecessary delays and errors.
Appealing Federal Court decisions: Some federal court decisions may require an appeal to a United States circuit court of appeals. I have the experience to take your case to the next level, if necessary.
Your journey through the process isn’t always linear. However, you don’t have to go through it alone. I can help you make effective decisions and prepare a strategic case considering your needs and interests.
Work With An Attorney Who Passionately Supports Servicemembers
Appealing your initial decision in a military court can be intimidating, even for the bravest servicemembers. Regardless of what branch you serve in, I can fight for the outcomes you want and help you navigate the nuances of the process.
Schedule your free initial consultation with me today by visiting my contact page.
My office is located in Minneapolis, Minnesota, but I can meet with you virtually anytime, from anywhere.