Veterans Legal Access Plan

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Chris Burnette

Air Force Veteran
Former Federal Agency Leader (NPS, BLM, BOR)
Licensed (MO#: 64291)

VA-Accredited Attorney (Accreditation No. 61015)
Experience in Federal Administrative Systems

Frequently Asked Questions

New to the VA system? Start here. Veterans Benefit Guide

General Questions

Do I need an attorney in my state to handle a VA disability claim or appeal?

Usually not.

VA disability claims, appeals, and many related matters are governed by federal law. Representation can typically be handled on a virtual basis, regardless of where you are located.

The Law Office of D.C. Burnette operates as a fully virtual federal practice and works with clients nationwide.

What does a “fully virtual” law practice mean?

Most matters are handled through:

secure video meetings
electronic document exchange
email and structured communication systems

You generally do not need to travel or meet in person for VA disability or federal administrative matters.

What type of cases does the firm handle?

The firm focuses on:

VA disability claims and appeals
denied or underrated decisions
supplemental claims and Higher-Level Reviews
Board of Veterans’ Appeals matters
Court of Appeals for Veterans Claims (CAVC)
federal administrative and employment-related matters

This is not a high-volume claims practice. The focus is on appeals, complex cases, and situations requiring careful review and legal strategy.

Do you also help federal employees?

Yes, in certain situations.

The firm handles selected federal administrative and employment-related matters involving:

disability accommodations
workplace disputes
disciplinary issues
retaliation concerns
related federal employment processes

VA Disability & Appeals

What if I have already been denied?

Many clients come to the firm after a denial or an unclear decision.

In some cases, it may be possible to:

identify gaps in the record
evaluate whether the VA applied the law correctly
determine what additional evidence may be needed
consider available appeal or review options

A denial is often the point where legal strategy becomes more important.

What if my rating is too low?

An initial rating does not always reflect the full impact of a condition.

In some situations, it may be appropriate to:

review how the VA evaluated the evidence
determine whether important symptoms or limitations were properly considered
assess whether additional medical or vocational support may be helpful

How do I know if I have a strong case?

That depends on:

the existing record
the VA’s written decision
the available evidence
the applicable legal standards

A consultation focuses on understanding what the record actually shows and what factors may affect the outcome—not simply giving a quick “yes” or “no.”

Do you handle initial claims as well as appeals?

Yes, but the practice is primarily focused on:

claims strategy
post-decision review
appeals
more complex cases

In many situations, the most important work begins after the first decision is issued.

What is the first step in an appeal?

The first step is not filing paperwork.

It is understanding:

what the VA actually decided
what evidence was considered or missing
what legal or factual issues matter moving forward

Without that foundation, it is difficult to make informed decisions about the next step.

When does legal representation become more important?

Many veterans successfully file initial claims on their own or with the assistance of a Veterans Service Organization (VSO).

Legal representation often becomes more important when:

a claim has been denied
the reasoning in the decision is unclear
the rating appears inconsistent with the evidence
multiple conditions or legal issues are involved
deadlines or appeal options become important
the record requires more structured development and analysis

The goal is not simply filing paperwork. It is understanding how the evidence, regulations, medical issues, and procedural rules interact within the VA system.

Working With the Firm

What happens during a consultation?

A consultation is structured and focused.

It typically includes:

a discussion of your situation and goals
review of relevant decisions and records
identification of important issues in the case
discussion of possible next steps

The goal is clarity—not pressure or immediate decisions.

Does the firm automatically take cases after a consultation?

No.

Before any representation begins:

conflicts must be reviewed
the matter must be evaluated
a written agreement must be signed

Not all matters are accepted for representation.

How are fees handled?

Fees depend on the type of matter, the stage of the case, and the type of representation involved.

The firm uses several different fee structures depending on the situation:

Contingency Fees

For many VA disability appeals and post-decision matters, fees are contingency-based and governed by federal law and VA regulations. In these matters, attorney fees are generally paid only if past-due benefits are recovered.

Flat Fees

Some services are handled through clearly defined flat-fee arrangements. This may include consultations, record reviews, strategic case analysis, document preparation, or certain administrative matters.

Subscription & Ongoing Guidance Plans

The firm also offers limited ongoing guidance and access-based plans for certain federal administrative and veterans-related matters. These plans are designed to provide structured legal guidance and communication over time.

Hourly Representation

In some matters, representation may be billed hourly depending on the scope, complexity, or nature of the work involved.

All fee arrangements are discussed in advance and confirmed in writing before representation begins.

For additional information about fee structures and available options, please visit the Fees & Payment Options page: Fees & Payment Options

How do we communicate during the case?

Communication is structured and consistent.

Clients typically receive:

scheduled updates
explanations of significant developments
guidance regarding next steps

The goal is to reduce confusion—not add to it.

Understanding the Process

Why does the VA process feel so confusing?

VA claims and appeals often involve:

multiple layers of review
detailed regulations
procedural deadlines
heavy reliance on medical documentation and evidence

VA decisions do not always clearly explain what evidence mattered or why certain conclusions were reached.

What if I tried to handle the process on my own?

Many clients do.

It is common for veterans to:

file initial claims independently
receive a denial or unclear decision
seek legal guidance only after complications arise

That is a normal part of the process, especially in more complex cases.

Do I have to use a VSO before hiring an attorney?

No.

You have the right to choose your representative at any stage of the process, subject to applicable VA rules.

Different types of representation serve different roles depending on the complexity of the case.

What makes an appeal different from an initial claim?

An appeal is not simply a resubmission of paperwork.

It often involves:

reviewing prior decisions for legal or factual errors
identifying evidentiary gaps
analyzing procedural issues
developing a more structured strategy moving forward

Client Fit & Expectations

What types of clients does the firm typically work with?

The firm often works with clients who are:

dealing with a denial or low rating
trying to understand a confusing decision
facing a more complex or non-standard situation
looking for a more individualized and strategic approach

Is this a high-volume practice?

No.

The focus is on:

careful review
individualized strategy
practical guidance
clear communication

The goal is not rapid intake or high-volume filing.

What if I feel overwhelmed by the process?

That is very common.

Many clients are:

managing medical conditions
dealing with stress or cognitive challenges
navigating a complicated federal system while balancing work, family, and health

The firm’s approach is designed to provide organized, understandable guidance so clients can better understand what is happening and what options may exist.

Final Questions

What should I do before scheduling a consultation?

If possible, gather:

your most recent VA decision letters
any relevant medical records
a basic timeline of your claim or appeal

You do not need everything perfectly organized. The goal is simply to start with what you currently have.

Does the website create an attorney-client relationship?

No.

Information on this website is provided for general informational purposes only.

Representation begins only after:

a conflict check
evaluation of the matter
a signed written agreement

How long does a VA appeal take?

There is no single timeline that applies to every case.

The length of a VA appeal can depend on:

the type of appeal filed,
the complexity of the medical and legal issues,
whether additional evidence is needed,
and current VA processing times.

Some matters move relatively quickly, while others can take significantly longer. Part of the process involves identifying the most appropriate strategy based on the facts and procedural posture of the case.

Can you help if I already have a VSO?

Yes.

Many veterans work with a Veterans Service Organization (VSO) at some point during the claims process. VSOs provide important services and assistance to veterans nationwide.

Some veterans later seek legal representation when:

a claim has been denied,
the issues become more complex,
legal or evidentiary strategy becomes more important,
or additional review and analysis may be helpful.

You have the right to choose your representative at any stage of the process, subject to applicable VA rules.

What documents should I bring to a consultation?

If possible, bring or upload:

recent VA decision letters,
rating decisions,
relevant medical records,
service records if available,
and any prior filings or correspondence related to the claim.

You do not need everything perfectly organized before scheduling a consultation. The goal is simply to begin with the information currently available.

Do I need a nexus letter?

Not every case requires a nexus letter or outside medical opinion.

In some situations, the existing medical evidence may already adequately address the issues in the case. In other situations, additional medical analysis or clarification may be helpful.

Whether additional medical support is appropriate depends on:

the condition involved,
the evidence already in the record,
and the issues identified in the VA decision.

Can I still file if I have been out of the military for years?

Potentially, yes.

Some veterans pursue claims many years after leaving military service. Whether a claim may still succeed depends on the available evidence, medical history, applicable law, and the relationship between the condition and military service.

Each situation is different and requires individual review.

What is the difference between a Higher-Level Review, Supplemental Claim, and Board Appeal?

These are different review options within the VA system.

Higher-Level Review (HLR)

A Higher-Level Review asks the VA to review an existing decision based on the evidence already in the record. No new evidence is generally submitted in this lane.

Supplemental Claim

A Supplemental Claim allows the submission of new and relevant evidence that was not previously considered.

Board Appeal

A Board Appeal sends the case to the Board of Veterans’ Appeals for review by a Veterans Law Judge.

Choosing the appropriate option depends on the facts of the case, the evidence available, and the issues involved.

Will filing a VA disability claim affect my current job?

In many situations, veterans continue working while receiving VA disability compensation.

VA disability ratings and employment status are separate issues in many cases. However, the answer can depend on:

the type of claim,
the ratings involved,
and the nature of the employment situation.

Questions involving employment and disability benefits should be evaluated on an individual basis.

Do you help with mental health claims?