812-213-4551VA Disability Lawyer
Protecting Those Who Protected Us
Our Veterans deserve the best care our country has to offer. When you enlisted, you knew you would be asked to put your life on the line to protect your fellow countrymen. You were also guaranteed a certain level of care, both during your enlistment and after.
Anyone who steps foot in the local VFW will hear stories from local veterans about how the VA has failed them. It’s not right. You deserve better.
Since 1963, Gerling Law Injury Attorneys has represented thousands of injured and disabled clients and recovered over 500 million dollars. Lead attorney and owner Gayle Gerling Pettinga has led the charge in fighting aggressively for her clients for decades. We know that many Veterans are not receiving the disability benefits they earned and deserve, and we believe Veterans deserve better treatment. For that reason, we are committed to helping Veterans just like you across the United States.
We have the knowledge, skills, and experience you need. We will aggressively fight for your rights and ensure that you get the disability compensation you were promised when you enlisted. We’ll keep you up to date and aware of how things are progressing through every step of the process.
We understand the stress that a denied or undervalued disability claim can cause. And we know it can be difficult to work with the VA as you navigate your claim. Let us carry the load – reach out today by calling 812-213-4551.
What Should You Look for When Hiring a Veterans Disability Claims Attorney?
VA disability law is federal law, which means that VA disability lawyers do not have to be qualified in any particular state. All your lawyer needs is for the VA to accredit them to represent veterans. Once you have narrowed the field down to a shortlist of qualified VA lawyers, then consider distance. Remember that a lot goes into making an effective VA disability lawyer.
VA disability claims attorneys are federally accredited to ensure that they meet the specific training and ethical standards required to represent veterans and help them get the benefits they have earned through their service to America.
This accreditation protects our most vulnerable Americans from unethical representatives who take their money and never get results.
When Will You Need a VA Disability Lawyer?
There are many scenarios that may lead to a veteran needing to hire a VA disability benefits attorney. Let’s go over the most common reasons why you may wish to hire an attorney to take a look at your case.
Your Claim Was Denied
You have already spent so much time on your initial application for your benefits. While some claims may be approved or denied within a few months, other veterans find themselves waiting up to a year to hear anything. If you have been waiting a long time only to receive a denial, you may feel like your world is falling apart around you. It is understandable to feel resentment, anger, and even despair after receiving a denial for your claim.
Don’t give up hope. We are here to help you with the appeals process.
Your Veteran Service Organization Couldn’t Give You the Help You Needed
If you tried working with a veteran service organization (VSO) and you were not satisfied, you may find that an experienced VA disability lawyer could help you. Although many VSOs are dedicated and competent, some of them are not. Even those with experience often struggle with more complex claims. Even worse, these representatives are often overworked and have far too heavy of a caseload. This means they must rely on a rubric of sorts when dealing with claims. People are reduced to numbers.
At Gerling Law Injury Attorneys, you are more than a number, and we want what is best for you, and that is the benefits you earned when serving our great country.
Many of our clients come to us seeking representation for an appeal because a VSO error resulted in the initial denial of their claim.
You’re Frustrated by Handling the Claim on Your Own
Filing a claim for VA disability benefits is a complicated process. The Department of Veterans Affairs is a massive organization with many moving parts and too much red tape. You are one person trying to navigate an overcomplicated process, and you are expected to do it perfectly.
Working with an attorney who understands the system can significantly boost your odds of a successful claim.
Your Claim Is Complex
VSOs are often ideal for simple claims. The more complex they get, however, the more you are going to need the professional experience of a licensed attorney to help you navigate the VA legal minefield. Individual unemployability benefits claims, for example, are notoriously complicated. Complex claims require a lot of evidence that must be prepared in a particular manner.
If you are struggling with your claim and feel like you are getting the runaround, then it may be time to speak with an attorney who knows how to navigate the system and who will sit with you and attempt to fully understand your situation.
Permanent Brain Injury; Motorcycle – Tractor-Trailer Collision
I called my insurance company to start my claim – and then I immediately called Gerling. They know the laws; they know the ins and outs. If you want something done – and done right – call Gerling. They know what they are doing.
Why are Veterans Benefits Claims Denied?
The Department of Veterans Affairs is a massive organization with many moving parts that serve all service members around the country. Reasons for your initial claim being denied can range from missing information to a lack of evidence.
Here are the most common reasons why your claim may be, or has been, denied:
Incomplete Information
The enemy of bureaucracy is missing or incomplete information. When you start your claim, you will be expected to complete several forms and turn in a range of documentation. You will have to outline your medical history as well as your service history.
Failing to turn in a complete form or document or not including enough information may cause the person reviewing your claim to deny your claim.
Submitting the Wrong Claim Forms
The government sure loves its bureaucracy, and the VA is no different.
When filing a claim, you will be expected to fill out forms specific to your circumstances. If you work hard to complete a form with all of the correct information and supporting documentation, you may be surprised when your claim is denied because you completed the wrong forms.
Different service members fill out different forms. That means a National Guard and Reserve member will need to complete different forms than a Navy member.
Working with an experienced attorney can help ensure you are completing the correct forms.
Lack of Medical Evidence
You will need to turn in sufficient proof of your disability in order for your claim to be approved. The claims process relies on a combination of your statement as well as evidence from medical records, doctors, and medical visits related to your disability.
If you do not show sufficient evidence of a disability or your medical provider fails to fill out your form correctly, your claim will likely be denied. This is why visiting with a lawyer who understands veterans’ disability law is important for some complex cases.
Lack of Evidence Regarding your Service-Related Injury or Illness
The VA only pays disability compensation to veterans with service-connected disability or illnesses. You will be required to prove that there is a connection between your service and your current disability.
This can be complicated because you may feel like the evidence you turned in sufficiently proved that your disability is related to your military service. The burden of furnishing this proof falls on you. You will need to provide proof of doctor’s visits while in service.
It can be infuriating to be told your disability is not service-related. Gerling Law Injury Attorneys can help ensure you are turning in the proof that will help you file a successful claim.
Human Error
While computers and automation make many jobs easier, human error can still lead to a denied claim. Sometimes, you may have your claims denied because the person handling your case made a mistake. That’s not your fault, and it shouldn’t impact your life.
The VA Determines That You are Not Disabled
To qualify for disability compensation, you will need to have a diagnosed disability that stems from your time in service. The VA will require concrete evidence of this diagnosis from a medical doctor in order to process your claim.
Mental health diagnoses are harder to prove. Ensure your doctor gives a definitive diagnosis before starting the claims process.
When Do You Not Need a VA Disability Lawyer?
You may not need a VA disability lawyer if you are merely applying for benefits for the first time. In that case, you could be better off seeking the free-of-charge assistance of a VSO.
If you have already applied for benefits and your claim has been denied, call 812-213-4551 for a free consultation with Gerling Law Injury Attorneys.
If you are just getting started but you know you have a complex case, one that will require you to navigate a system that feels like it is stacked against you, then seeking legal representation can be beneficial and result in your benefits being approved sooner rather than after a denial and going through the appeals process.
How Does the VA Qualify Attorneys to Represent VA Disability Claimants?
An aspiring VA claims lawyer must apply for VA training to help veterans navigate the VA benefits system. This training teaches lawyers about the VA compensation system and some of the legal nuances involved in pursuing VA disability claims. If the lawyer passes their training, the VA will accredit the lawyer to represent claimants before the VA. An accredited VA claims lawyer must meet certain standards of professional conduct and continuing education to remain accredited.
This ensures that our veterans are properly cared for and are only represented by qualified VA disability attorneys.
What Should You Look for in a VA Disability Law Firm?
The best veteran disability attorneys combine many of the same skills that make any lawyer outstanding, with a specific skillset dedicated to handling VA disability claims. The first qualification to look out for, of course, is VA accreditation. Without this qualification, the lawyer is not even qualified to represent you. The lawyer should also be part of a generally successful practice to demonstrate their skills as a lawyer. Checking their website for client testimonials and victories can help you figure out if they are the right representative for you.
In addition to the foregoing qualifications, the following personal qualities are important:
- Caring: If the lawyer doesn’t care about your claim, nothing else matters. If they do care about your claim, every other positive quality possessed by your lawyer is magnified. There is no mathematical formula for determining how much your lawyer cares. It’s a gut feeling you get from talking to them. Check for reviews online to see how satisfied their prior clients have been. At Gerling Law Injury Attorneys, we let our client’s satisfaction speak for us.
- The ability to listen: Your lawyer cannot understand your claim or your concerns unless they listen. When you speak with your lawyer, note how many and what kinds of questions they ask. Observe how much attention they are paying to what you are saying. It can be easy to gauge their level of interaction and interest during a consultation.
- Patience: Dealing with VA disability claims can be tedious, and it often involves dealing, directly or indirectly, with tiresome VA representatives. Patience also applies to how thoroughly your lawyer explains the claims procedure to you.
- Judgment: Ultimately, you are the decision-maker in your own case. When it comes to tactics, however, your lawyer will likely be making a lot of small decisions that could determine the outcome of your claim. Sound judgment is a must.
- Integrity: Your lawyer represents you and only you. Any lawyer who allows their loyalties to be compromised or who sacrifices your interests in favor of theirs doesn’t belong in practice.
- Knowledge: Your lawyer must be familiar not only with the broad strokes of VA disability law but also with the little nuances that have been defined by case law. They must be able to apply facts to the law to come up with plausible and persuasive inferences. Each client and their particular situation is unique. You need an attorney who understands this and is able to pivot, properly representing you when new facts arise.
- Persistence: Some claims require the lawyer to stick to them like a bulldog. A good VA claims lawyer will have successfully resolved claims, through sheer persistence, that initially appeared hopeless.
If you are unsure whether your lawyer possesses any of the above-described attributes, try looking on the Internet for comments from former clients. Your lawyer’s most obvious personal qualities will come through again and again, for better or for worse.
Scheduling a free consultation is the first step. This allows you to get first-hand experience with how an attorney speaks to their client and whether they know what they are talking about.
Should You Call a VA Disability Lawyer Now?
A VA claim denial or an unsatisfactory result doesn’t have to be the end of the road for you. Thousands of disabled veterans have overcome this obstacle, and so can you. Experience counsels that your chances of eventual success, however, are much better if you retain a VA claims lawyer. When you have a veterans benefits law firm on your side, you don’t have to understand every single step of the process. You won’t have to worry that you made a minor mistake on your application that will set you back weeks or even months.
Let us cross the t’s and dot the i’s so that you can relax.
The veterans disability attorneys at Gerling Law Injury Attorneys serve clients from throughout the nation and even overseas. Call us at 812-213-4551 or contact us online for a free claim evaluation. We look forward to hearing from you!
Go with Experience. Go with Gerling.®