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Brandon L Newberry

Brandon L Newberry

From the Battlefield to the Courtroom: Fighting for Veteran's Rights
  • Military Law, Social Security Disability
  • Indiana, Veteran Affairs
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Claimed Lawyer ProfileQ&A
Biography

Brandon Leon Newberry is a seasoned veteran disability lawyer deeply committed to upholding the rights and interests of military veterans. With a comprehensive background as a Marine combat veteran, security consultant, and legal scholar, Mr. Newberry brings a distinctive amalgamation of experiences and expertise to his legal practice.

During his tenure in the U.S. Marine Corps from 2006 to 2014, Brandon achieved the rank of Sergeant, specializing as an assaultman and TOW Gunner. Simultaneously, he pursued higher education, graduating with a Bachelor of Arts in Criminal Justice from Ashford University in Iowa.

Post his honorable discharge from the Marines, Mr. Newberry continued serving his country as a security consultant, collaborating closely with diverse government agencies. Recognizing the imperative need for tailored legal aid for veterans, Brandon embarked on a path in legal education. He attended the esteemed Mitchell Hamline School of Law in St. Paul, Minnesota, showcasing exceptional leadership as the President of the Veterans Association during his time there.

Brandon Newberry's legal journey culminated in his graduation from Mitchell Hamline School of Law in 2021. Subsequently passing the bar exam, he officially commenced his practice as an attorney in May 2022. Since then, he has been dedicatedly advocating for veterans, leveraging his legal expertise to navigate the intricate terrain of disability claims and legal procedures.

Mr. Newberry's unwavering commitment to his fellow service members and his nation has been a driving force throughout his life. His military background, academic accomplishments, and legal proficiency render him a formidable advocate for veterans seeking disability benefits. Mr. Newberry’s commitment to his clients and resolute dedication to justice serve as the pillars of his legal practice, and he takes great pride in standing beside fellow veterans as they pursue the benefits rightfully owed to them.

Education
Mitchell Hamline School of Law
J.D. (2021) | Legal Studies
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Activities: 2 years as the President of the Veterans Association
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Professional Experience
Owner/Attorney
Newberry VA Disability, LLC
- Current
As the owner and lead attorney of Newberry VA Disability, LLC, I am dedicated to providing top-tier legal representation for veterans seeking VA disability benefits. My role encompasses overseeing all aspects of the firm, from strategic case management to direct client advocacy. I personally handle a diverse array of cases, offering expert legal guidance, preparing and submitting compelling evidence, and representing clients in hearings and appeals. With a deep commitment to veterans' rights, I strive to maximize our clients' benefits and ensure they receive the justice they deserve. At Newberry VA Disability, LLC, my team and I work tirelessly to deliver personalized, effective legal solutions, leveraging my extensive experience and proven track record in VA disability law.
VA Attorney
Pinyerd Disability Law, LLC
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At Pinyerd Disability Law, LLC, I served as the lead VA Attorney, specializing in representing veterans in their disability claims and appeals. I was responsible for managing a diverse caseload, providing strategic legal advice, and ensuring the best possible outcomes for our clients. My role involved in-depth case analysis, preparing and submitting evidence, and advocating for veterans during hearings. I also supervised a team of legal professionals, guiding them in the complexities of VA law and fostering a collaborative environment to achieve high success rates. My dedication to veterans' rights and my expertise in VA disability law were instrumental in securing numerous favorable decisions, significantly impacting the lives of our clients.
Professional Associations
State Bar of Indiana  # 37323-32
Member
- Current
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Jurisdictions Admitted to Practice
Indiana
Indiana Supreme Court
ID Number: 37323-32
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Veteran Affairs
ID Number: IPX
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US Court of Appeals for Veterans Claims
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Fees
  • Free Consultation
    At Newberry VA Disability, LLC, we offer a 15-minute free consultation to veterans seeking assistance with their VA disability claims. In this brief but focused session, our experienced staff will review your case, discuss your service history, and assess any previous claims or denials. We aim to quickly understand your unique situation and provide initial guidance on the best strategies for your claim. This no-obligation consultation is designed to give you a clear, concise understanding of your options.
  • Credit Cards Accepted
  • Contingent Fees
    We operate on a contingency fee basis for VA disability appeals. This means you pay no upfront costs for appeals. Our fee is 20% of the backpay you receive if we successfully secure your benefits. This structure ensures that our interests are aligned with yours, as we only get paid if you win your appeal.
  • Rates, Retainers and Additional Information
    We offer specialized services to support veterans in their VA disability claims. For a comprehensive full file review, we charge a flat fee of $1,000. This service includes a detailed analysis of your case, identification of strengths and weaknesses, and recommendations for moving forward. For reduction appeals, where we fight to prevent a decrease in your disability rating, our fee is $3,000. This includes thorough preparation and representation throughout the appeal process. Our goal is to provide you with expert guidance and support to secure the benefits you deserve.
Practice Areas
Military Law
Veteran's Benefits
Social Security Disability
Languages
  • English: Spoken, Written
Legal Answers
Q. Is it fair to fire a disabled veteran for having to many VA appointments, er trips that are documented
A: No, your employer cannot legally fire you, a disabled veteran, solely for having too many VA appointments or trips to the ER, especially if you have provided as much advance notice as possible. You are protected under several federal laws:

Uniformed Services Employment and Reemployment Rights Act (USERRA)

USERRA prohibits employers from discriminating against you based on your military service and related obligations. This includes attending medical appointments for service-connected disabilities. Employers must accommodate your need for time off for these appointments.

Americans with Disabilities Act (ADA)

The ADA protects you as a disabled veteran, requiring employers to provide reasonable accommodations, such as flexible scheduling, to attend medical appointments. Employers cannot discriminate against you because of your disability.

Family and Medical Leave Act (FMLA)

The FMLA allows eligible employees to take up to 12 weeks of unpaid leave per year for medical reasons, including treatment for serious health conditions. This leave is job-protected, meaning you cannot be fired for taking this time off.

Given these protections, your employer must accommodate your need for medical appointments and cannot fire you for this reason alone. If your employer attempts to do so, you have the right to file a complaint with the U.S. Department of Labor's Veterans' Employment and Training Service (VETS) or the Equal Employment Opportunity Commission (EEOC).
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Q. Am I protected under EEO as a Member of the National Guard or as a veteran
A: Yes, as a member of the National Guard or a veteran, you are protected under Equal Employment Opportunity (EEO) laws. Two key federal laws provide these protections:

The Uniformed Services Employment and Reemployment Rights Act (USERRA):

USERRA prohibits civilian employers from discriminating against you based on your present, past, and future military service. This law also entitles service members, such as National Guard members and reservists, to prompt reemployment with their pre-service employer following the completion of their duty. This means that service members who meet the eligibility criteria for reinstatement must be promptly reemployed with their pre-service employers with the seniority, status, and rate of pay that they would have obtained with reasonable certainty had they remained continuously employed.

The Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA):

VEVRAA prohibits federal contractors and subcontractors from discriminating in employment against protected veterans. It requires employers to take affirmative action to recruit, hire, promote, and retain these individuals. This protection against discrimination extends not only to veterans but also to individuals that the contractor knows have a relationship or association with a protected veteran.

Your Situation:

You mentioned being denied vacation time twice, while other employees are receiving their vacation time. Additionally, you reported being singled out and stated your intention to file a complaint. You expressed that you no longer wished to be under your current supervisors, and as a result, you were moved to another correctional facility, which you feel is an act of retaliation.

Under USERRA, you are protected against discrimination and retaliation based on your military service. The denial of vacation time and the subsequent transfer to another facility may constitute discriminatory and retaliatory actions. You have the right to file a complaint and seek redress if you believe your rights under USERRA and VEVRAA have been violated.

If you need further assistance, consider contacting the U.S. Department of Labor's Veterans' Employment and Training Service (VETS) or the Equal Employment Opportunity Commission (EEOC).

U.S. Department of Labor VETS: https://www.dol.gov/agencies/vets

EEOC: https://www.eeoc.gov
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Q. If I am a salaried employee and I go to my scheduled Drill for the ANG for 2 days, is my employer allowed to doc pay?
A: Employers are generally required to follow certain laws and regulations regarding pay for employees who are members of the National Guard and are called to perform military duties, including drills. The key law governing this area is the Uniformed Services Employment and Reemployment Rights Act (USERRA).

USERRA does not require employers to pay employees during military leave, including drills. However, some employers have policies that provide for continued pay, at least in part, during such periods.

In addition to USERRA, Arkansas state law also provides protections for National Guard members. Arkansas Code § 21-4-102: This state statute requires that state employees who are members of the National Guard or any reserve component of the armed forces receive 15 days of paid military leave per calendar year. However, this applies specifically to state employees, and private employers are not bound by this requirement for paid leave.

Simply put, if you are a salaried employee in Arkansas and are required to attend National Guard drills, your employer is not federally mandated to continue your pay during this period unless they have a specific policy that states otherwise.
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Websites & Blogs
Website
Contact & Map
Newberry VA Disability, LLC
5724 Green St.
2nd Fl
Brownsburg, IN 46112
Telephone: (317) 886-8869