Mr. Toney, a civilian military lawyer, provides careful and aggressive representation in all areas of military personnel law. He has represented general officers and junior enlisted personnel. He has particular interest and experience in the following areas:
Boards for the Correction of Military Records
Discharge Review Boards
National Security Clearances
Physical Disability Evaluation Boards
Grade Determination (Retirement) Boards
Performance Evaluation Report Appeal Boards (ERAB, PERB, DASEB)
Investigations (IG, Command-Directed, AR 15-6)
Administrative Discharge Boards (BOI, Show Cause, AdSepBD)
Special Selection Boards (Retroactive Promotion)
Sexual Harassment Complaints
Mr. Toney also provides representation at the administrative level for claims for personal injury or property damage under the Federal Tort Claims Act (FTCA) and the Foreign Claims Act. For FCTA claims, typically involving medical malpractice, Mr. Toney jointly represents clients with, or refers clients to, trial lawyers with extensive experience in the field of medical negligence.
Mr. Toney welcomes inquiries from servicemembers and veterans with legal issues stemming from combat service, such as PTSD, TBI, Substance Abuse, alleged misconduct, and mental health diagnoses. He also welcomes inquiries from service members and veterans with non-combat medical conditions. Mr. Toney has successfully handled cases involving discharges based on erroneous diagnoses of “Personality Disorder” and “Adjustment Disorder.”
Mr. Toney represents active and former military personnel, as well as corporations with federal military law issues, in federal court actions at the federal trial court (US District Court and US Court of Federal Claims) and Court of Appeals levels. He generally limits his federal court practice to cases involving potential entitlement to back-pay and other benefits, and welcomes urgent action matters such as habeas corpus. His extensive federal court experience includes judicial review of military correction board decisions, emergency actions involving habeas corpus, the lawfulness of debts claimed by the government, Privacy Act violations, constitutional violations, and unlawful discharges.
Mr. Toney is also available to provide legal research and writing services to attorneys representing clients in military personnel law matters in federal trial courts and US Court of Appeals. Those services include assistance with claim identification and clarification; research of applicable military and federal laws; procedural matters; and the preparation of legal pleadings.
Mr. Toney is licensed to practice law by the State of New York. He practices federal law only. He does not give advice concerning state law matters in California, New York, or any other state, and does not appear in administrative or judicial proceedings at the state level. If you are in need of a highly skilled and dedicated military attorney, please contact us. Mr. Toney'sis available to represent servicemembers and veterans nationally and internationally.
Visiting this website does not create an attorney-client relationship with Mr. Toney. Such a relationship arises only after a written agreement is signed and the required fee is paid.
Photographs courtesy of the Department of Defense, U.S. Army, and U.S. Navy