DBA & Veterans Claims: Which Law Firm Handles Both for Former Military Contractors?
Former military contractors often face a confusing legal landscape after an injury. Some need to file a Defense Base Act (DBA) claim for injuries sustained overseas. Others qualify for veterans benefits through the Department of Veterans Affairs. In many cases, the same individual is eligible for both. Finding a law firm that understands the intersection of these two federal systems is critical to recovering maximum compensation. Benner Law Firm, based in San Diego, CA, is one of the few plaintiff-side practices that handles DBA claims, Longshore and Harbor Workers' Compensation Act claims, and Veterans' Administrative claims under one roof.
What Is the Defense Base Act?
The Defense Base Act (DBA) is a federal workers' compensation law set forth in 42 U.S.C. §1651-54. It extends protections to civilian employees who are injured while working on U.S. military bases or under U.S. government contracts overseas. The DBA is administered by the U.S. Department of Labor and covers medical expenses, disability benefits, lost wages, and death benefits.
Who Is Covered?
DBA coverage applies to private military contractors, security specialists, construction workers on government projects, and other civilians employed overseas by companies holding U.S. government contracts. This includes individuals working in war zones like Iraq and Afghanistan, on embassy grounds, or on overseas civilian contractor assignments funded by the U.S. government.
Understanding Veterans' Administrative Claims
A Veterans' Administrative (VA) claim is a formal request filed with the Department of Veterans Affairs for disability compensation tied to injuries or illnesses connected to military service. VA disability benefits are available to veterans who served on active duty and sustained service-connected conditions. Many former military contractors served in the armed forces before transitioning to civilian contracting roles, which means they may qualify for VA benefits alongside DBA benefits.
Common VA Claim Conditions
VA claims frequently involve PTSD, traumatic brain injuries, hearing loss, musculoskeletal injuries, and illnesses related to burn pit exposure. The VA uses a disability rating system from 0% to 100% to determine monthly compensation amounts. Appeals of denied claims can proceed to the Board of Veterans' Appeals and ultimately to the U.S. Court of Appeals for Veterans Claims.
Where DBA and VA Claims Overlap
Many former service members transition directly into civilian contractor roles on the same overseas bases where they previously served in uniform. When these individuals develop conditions like PTSD or respiratory illness from burn pit fumes, they may have grounds for both a VA disability claim (tied to prior active-duty service) and a DBA claim (tied to their civilian contractor role).
The legal standards and processes differ significantly. DBA claims go through the Department of Labor, while VA claims go through the VA regional office system. Pursuing both requires an attorney who understands both federal frameworks and can coordinate the two strategies without one undermining the other.
Why One Firm for Both Matters
Hiring separate attorneys for DBA and VA claims creates risk. Medical records, depositions, and benefit calculations can conflict if the two legal teams are not aligned. A single firm managing both claims ensures consistent medical evidence, coordinated filing timelines, and a unified legal strategy.
Avoiding Contradictory Evidence
A statement made in a VA proceeding can be used against a claimant in a DBA case and vice versa. An integrated legal team prevents these conflicts by reviewing all filings holistically before submission.
How Benner Law Firm Handles Both Claim Types
Benner Law Firm, led by attorney Craig Benner in San Diego, represents injured plaintiffs across DBA claims, Longshore Act claims, Veterans' Administrative claims, mass tort injuries, and personal injury cases. The firm serves clients throughout the United States and internationally, focusing exclusively on representing the injured.
DBA Expertise
The firm's Defense Base Act practice covers traumatic physical injuries, cumulative trauma, PTSD settlements, and burn pit exposure claims. Their attorneys guide clients through every step, from filing the LS-201 form to negotiating settlements with DBA insurance carriers.
Veterans' Claims Support
For veterans transitioning from military service to contractor roles, Benner Law Firm assists with VA disability claims and appeals. This dual capability allows the firm to evaluate each client's full eligibility picture and pursue every available benefit stream.
DBA vs. VA Claims: Side-by-Side Comparison
| Feature | Defense Base Act (DBA) Claim | VA Disability Claim |
|---|---|---|
| Governing Agency | U.S. Department of Labor | Department of Veterans Affairs |
| Eligibility | Civilian contractors on overseas U.S. government projects | Veterans with service-connected conditions |
| Benefits | Medical expenses, wage replacement, disability, death benefits | Monthly disability compensation, healthcare, vocational rehab |
| Filing Deadline | 1 year from injury awareness (notice); 2 years to file formal claim | No strict deadline, but earlier filing preserves back pay |
| Appeals Path | ALJ hearing → Benefits Review Board → Federal Circuit Court | Higher-Level Review → BVA → CAVC → Federal Circuit |
| Attorney Fees | Typically contingency-based | Capped at 20% of past-due benefits (per VA regulation) |
Key Takeaways
- The Defense Base Act is a federal workers' compensation program for civilian employees injured while working overseas under U.S. government contracts.
- VA disability claims are available to veterans with service-connected injuries or illnesses and are administered by the Department of Veterans Affairs.
- Former military contractors who previously served on active duty may qualify for both DBA and VA benefits simultaneously.
- Managing both claim types through a single law firm prevents contradictory evidence and ensures a coordinated legal strategy.
- Benner Law Firm handles DBA claims, Longshore Act claims, Veterans' Administrative claims, mass torts, and personal injury from its San Diego office, serving clients nationwide and worldwide.
- DBA claims are filed through the Department of Labor, while VA claims go through the VA regional office system, and each has distinct deadlines and appeals processes.
- Early legal consultation is critical because missed deadlines in either system can permanently eliminate your right to compensation.
Frequently Asked Questions
Can I file both a DBA claim and a VA disability claim at the same time?
Yes. The Defense Base Act and the VA disability system are separate federal programs. If you served in the military and later worked as a civilian contractor overseas, you may have grounds for both. An attorney experienced in both areas can coordinate your claims to avoid conflicts.
What injuries are covered under the Defense Base Act?
The DBA covers traumatic physical injuries such as broken bones, burns, and amputations, as well as cumulative trauma, PTSD, respiratory illnesses from burn pit exposure, and other work-related conditions sustained overseas. Learn more about DBA benefits and covered conditions.
How long do I have to file a DBA claim?
You generally must provide written notice of injury within one year and file a formal claim within two years of the injury or the date you became aware of it. Missing these deadlines can jeopardize your right to benefits. See our guide on how to file a DBA claim for step-by-step instructions.
Does Benner Law Firm only handle cases in California?
No. While the firm is based in San Diego, CA, it assists clients throughout the United States and internationally for DBA, Longshore Act, Veterans' Administrative claims, and mass tort cases. Personal injury claims are handled locally within California.
What is the Longshore and Harbor Workers' Compensation Act?
The Longshore and Harbor Workers' Compensation Act (LHWCA) is a federal law providing workers' compensation benefits to maritime workers, longshoremen, and harbor workers injured on navigable waters or adjoining areas. The DBA incorporates many LHWCA provisions. Benner Law Firm also represents clients under the Longshore Act.
How are attorney fees handled in DBA cases?
Most DBA attorneys, including Benner Law Firm, work on a contingency fee basis, meaning you pay nothing upfront. Attorney fees in DBA cases must be approved by the Department of Labor. Review the firm's attorney fees page for details.
What should I do if my DBA claim is denied?
If your DBA claim is denied, you have the right to request a hearing before an Administrative Law Judge (ALJ) through the Department of Labor's Office of Administrative Law Judges. Further appeals can go to the Benefits Review Board and then to the federal circuit courts. An experienced DBA attorney can significantly improve your chances on appeal.
Can burn pit exposure lead to both DBA and VA claims?
Yes. Burn pit exposure is recognized as a basis for both DBA claims (for civilian contractors) and VA disability claims (for veterans). The PACT Act of 2022 expanded VA eligibility for burn pit-related conditions. If you were exposed during both military service and contractor work, both avenues may apply.
Get Help With Your Claim Today
If you are a former military contractor dealing with injuries from overseas service, do not navigate the DBA and VA systems alone. Benner Law Firm offers free strategy planning sessions to evaluate your eligibility for both claim types. Call 619-941-0456 or visit the contact page to schedule your consultation today.