VA DISABILITY

Get the VA Compensation You Deserve

Unfortunately, veterans are often denied VA disability benefits for conditions caused by or incurred during their service to our country. You have earned these benefits, and deserve a fair shot at the compensation you are owed.

 You served our country, now let us serve you.

what to expect

  • Our Cost

We do not charge to meet.  Call for a FREE consultation. Our fees based on a percentage of what we recover for you.

  • Our Process

Every case is unique. We work to ensure that every client gets the individualized care and attention they deserve.

If you have been denied VA Benefits, you probably found our website because you need help. Our law firm will help you obtain the VA Benefits you deserve.

Being denied VA Benefits is more common than you think. The Veterans Administration has been in the news quite a bit lately for its wait times, scandals, and cover-ups. The backlog of VA Benefits discourages some veterans from ever trying to get the benefits they need. Don’t give up. Hire a lawyer. Veterans only pay our lawyers if we win your appeal.

Our VA benefits appeals lawyers help veterans get the monthly compensation they deserve. Here are a few reasons why you should talk to our VA benefits appeals lawyers:

  • Denied VA Benefits

If you have been denied VA benefits, you may be able to appeal that decision. Veterans who are denied VA benefits should not take ‘no’ for an answer. Our VA Disability denial lawyers can help.

  •  Low-Ratings

Many veterans are given a rating much lower than what they actually deserve. Don’t just accept the rating the VA gives you. Did you know the difference between a 90 percent and 100 percent VA rating is over $1,000 a month?

  •  Denied TDIU Benefits

The Veterans Administration often denies Individual Unemployability benefits to veterans that can’t work from service-connected conditions. Talk to our Individual Unemployability lawyers for free.

  •  Missing Backpay

Lots of veterans are missing VA benefits backpay and don’t even know it. The Veterans Administration is supposed to pay you the money back to your effective date. The problem is, the VA often incorrectly gives effective dates. Veterans can lose out on thousands of dollars.

 DISCHARGE UPGRADES

The Board for Correction of Military Records has the mission to correct errors in or remove injustices from service military records. Each branch of service has its own Board of Correction, but the procedures are basically the same.

 You can apply to request that an error be corrected or an injustice be removed from your military record. Many have negative past history or a punitive discharge that blocks them from receiving VA benefits. The Board is more likely to approve a correction if you have made some changes in your life and can prove that you have been stigmatized by the negative history for an extended period of time, and that in all fairness the stigma should be lifted (i.e. an AWOL from 10 years ago).

 Correcting a service member’s military records can become confusing because there are various administrative boards and each have different authorities and jurisdictions to correct specific information. These different boards also have diverse legal standards, statutes of limitation, and evidentiary restrictions that cause further confusion.

 Who may apply? Active duty service members and former members of the regular Army, Navy, Air Force, Army, Navy, Air Force Reserve, and Army and Air National Guard. An application must be filed within 3 years after an alleged error or injustice is discovered or reasonably should have been discovered. However, the Board has the authority to waive an application filed untimely in the interest of justice.

 The process takes from 8-10 months to complete. Our military legal team is knowledgeable in working with the service Boards of Correction of Military Records.

 Contact us to see if the team at Klein & Sheridan can help you unlock benefits with a discharge upgrade.

FAQs

Common Questions Clients Ask Our VA Benefits Appeals Attorneys

If you have questions about VA benefits appeals after reading this page, call us! Ask all the questions you want. There is no obligation to hire our VA benefits appeals lawyers just because you got a VA benefits claim evaluation. We will give you our honest opinion of your VA benefits appeal and talk to you about your legal options. Talking to Klein & Sheridan can be a great resource for disabled veterans.

  • Do I have to hire a VA benefits appeal lawyer?

No. The Veterans Administration does not require you to hire a lawyer for your appeal. However, remember that the VA is also the one who denied your claim. We highly suggest you hire a VA Disability denial lawyers for your appeal because the entire appeal process is lengthy and very difficult. The Veterans Administration has lots of deadlines, paperwork, and case law that you may not know about.

  • How will Klein & Sheridan VA benefits appeals lawyers help?

If you hire our Veterans Disability Benefits lawyers we take over all communication with the Veterans Administration. Our VA benefits appeals lawyers will gather all your medical records and evidence needed to prove your claim. We will craft an individualized case plan and determine what is the best course of action to win your appeal. Our legal team will handle everything for the appeal. Our experienced VA benefits appeals lawyers will submit everything needed for your appeal. Let us take care of everything.

  • Is it common to have to appeal a veterans benefits decision?

It was probably a shock when you received that denial letter from the Veterans Administration. You served your country honorably and expected it to take care of you if disabilities arose from your time in the service. Unfortunately, the Veterans Administration does not keep it promise to lots of veterans. The Military Times reports that in 2011, the denial rate was 76 percent.

  • How long do I have to file a VA benefit appeal?

If you recently received a denial or low-rating from the Veterans Administration, you may have the option to appeal. You have one year to appeal your initial decision. The one year begins the date the decision was made. If you have let your VA disability appeal period collapse, you can re-apply. That means you will need to submit another initial application and go through the application process again. This is a long route to getting your VA disability benefits, but at least there is still an avenue open.

  • What does it cost to hire a VA appeal lawyer?

Klein & Sheridan veterans benefits lawyers only charge if you win your VA claim. Our fee is a percentage of backpay and case expenses (things like doctors reports). We will not touch your future benefits and we will not ask for money upfront.

  • Who pays my VA Benefits appeal lawyers fee?

Since our fee is a percentage of backpay, the Veterans Administration will pay our lawyers directly out of your backpay when you win. Remember, if you do not obtain VA benefits, you do not owe us a penny.

  • What do I pay if we don’t win?

Nothing. If you do not obtain VA benefits on your appeal, you do not owe Klein & Sheridan a penny. Our fair fee agreements are just one of the many reasons clients have trusted us for decades.

  • What is the Board of Veterans Appeals (BVA)?

What is the Board of Veterans Appeals (BVA)?The Board of Veterans Appeals (BVA) is located in Washington, D.C. Members of the Board review benefit claims determinations made by local VA offices and issue decision on appeals. These Law Judges, attorneys experienced in veterans law and in reviewing benefit claims, are the only ones who can issue Board decisions. We highly suggest you hire a VA benefits appeals lawyer for your BVA appeal.

  • How many disabled veterans are being denied VA benefits?

Many veterans will receive VA disability denials on their initial application. According to the VA, “in the past four years alone, VA has added more than 940,000 Veterans to the VA compensation rolls, more than the active duty Army and Navy combined.” Of those veterans, many had to appeal. You are not alone. If you are denied VA disability benefits, make sure you pay close attention to all the Veterans Administrations deadlines and complete all the paperwork. There are thousands of federal regulations that govern VA disability law and many veterans get confused.

  • What is the nature of discharge upgrades?

Due to the nature of their military service, many service members are afflicted with mental conditions that contribute to misconduct resulting in a discharge with a less than honorable characterization of service.  Nearly 900,000 veterans have received a discharge under Other Than Honorable Conditions (OTH) since the World War II era.

  • How can a less than honorable discharge affect me?

A less than honorable discharge may prevent you from receiving VA benefits and health care, hurt your employment opportunities, and damage your reputation and self-esteem.

  • What do I need to begin requesting a discharge upgrade?

The team at Klein & Sheridan will need a  copy of your discharge certificate (DD Form 214), if you have a copy available.

If you don't recall what your DD Form 214 looks like, you can see a redacted DD Form 214 here.

  • How do I obtain a copy of my DD Form 214?

If you do not have a copy of your DD Form 214, follow the instructions to request a copy from the National Archives.  http://www.archives.gov/veterans/military-service-records/

 Contact Klein & Sheridan, LC and let us help you with your VA disability case. You can us toll free at (800) 995-5152, or use our contact form below.