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Veteran's law

Veterans Disability Compensation Attorneys. Founded by a Combat Veteran.

Denied or underrated?

California veterans, represented by a fellow combat veteran

Founded by an Army combat veteran, Corcoran Smith Law is dedicated to providing expert legal advice to veterans who have received a VA rating decision and were either denied or underrated within the past 12 months, or have an ongoing appeal with the Board or Court of Appeals for Veterans Claims (CAVC).

Mark Smith on deployment with the U.S. Army Veteran owned

The process

How to file a VA disability claim: an 8-step guide

  1. Step 1

    Create a VA.gov Account

    Create or confirm access to your account at va.gov. The VA retired the eBenefits portal and consolidated disability claim filing, status checks, and communications into VA.gov. Sign in at va.gov/sign-in using Login.gov or ID.me.

  2. Step 2

    Determine Basic Eligibility

    Ensure that you meet the basic eligibility criteria:

    1. You must have served on active duty, active duty for training, or inactive duty training; and
    2. You must have a disability connected to your service.

    *For more information on eligibility, visit the VA's eligibility page: va.gov/disability/eligibility.

  3. Step 3

    Initiate Disability Claim Application (VA Form 21-526EZ)

    To begin the claims process, initiate a VA Form 21-526EZ, "Application for Disability Compensation and Related Compensation Benefits," online through the VA's webpage va.gov/disability/file-disability-claim-form-21-526ez.

    1. *IMPORTANT* Preserve Your Claim's "Effective Date": The "effective date" of your claim marks the start of disability benefits and is used to determine the amount of retroactive benefits owed by the VA. Typically, the effective date is based on when the VA receives the benefits application, or when the VA is notified of an applicant's "intent to file" a claim. Submitting an intent to file form preserves your effective date for up to a year, giving you time to gather evidence while avoiding a later potential effective date.
    2. Critically, if you file for disability compensation online, you don't need to notify the VA of your intent to file, as your effective date gets set automatically when you start filling out the form online before you submit it. If you do not plan to file your claim online, start the process by completing a VA Form 21-0966 "Intent to File a Claim for Compensation and/or Pension, or Survivors Pension and/or DIC," which can be downloaded from the VA's webpage va.gov/find-forms/about-form-21-0966.
  4. Step 4

    Gather Evidence

    Collect all relevant documentation and evidence to support your claim, such as medical records, service records, and any other supporting documents that demonstrate your disability is connected to your military service.

    *Please remember, while submitting supporting documents with your claim is helpful, it is not necessary. Don't let a lack of supporting documents deter you from seeking compensation for a service-connected disability.

  5. Step 5

    Complete and Submit Disability Claim Application

    Once you've identified your claims, complete and submit VA Form 21-526EZ, "Application for Disability Compensation and Related Compensation Benefits." You can submit your application in one of the following ways:

    1. Online through the VA's webpage: va.gov/disability/file-disability-claim-form-21-526ez
    2. By mail: Print and complete the form, then mail it to the VA Claims Intake Center: Department of Veterans Affairs, Claims Intake Center, PO Box 4444, Janesville, WI 53547-4444
    3. In person at a VA regional office: Find a regional office near you using the VA's facility locator: va.gov/find-locations
  6. Step 6

    Attend C&P Exams

    After submitting your application, the VA will likely request that you to attend one or more C&P exams to evaluate your disability. The VA will schedule the exam for you and provide details about the appointment. It is critically important that you attend all C&P appointments.

  7. Step 7

    Await VA Rating Decision

    The VA will review your claim, including the evidence and exam results, to determine your eligibility and disability rating. This process can take several months. You can check the status of your claim online through your VA.gov account or by calling the VA at 1-800-827-1000.

  8. Step 8

    Review VA's Decision Letter & Consult with an Expert

    Once the VA reaches a decision, you will receive a notification letter outlining their decision, your disability rating, and the benefits you will receive.

    1. If you disagree with the decision, you have the option to file a Supplemental Claim, seek a Higher-Level Review, or seek a Board Appeal.
    2. For more information on appealing a decision, visit: va.gov/decision-reviews.

Our fees

VA disability lawyer fees: 20% contingency at the RO & Board, EAJA at the CAVC

To provide low and no-cost services to Veterans needing legal representation, our standard contingency fee for VA disability representation at the RO or Board level is 20% of the awarded past-due benefits. For CAVC representation, the government covers all legal fees under the Equal Access to Justice Act (EAJA).

Frequently asked

Frequently asked questions about VA disability claims and appeals

  • Do I need an attorney to file a VA disability claim?

    You can file an initial VA disability claim without an attorney. Where legal representation matters most is at the appeals stage: Supplemental Claims and Higher-Level Reviews, Board of Veterans Appeals hearings, and especially the Court of Appeals for Veterans Claims (CAVC), which follows federal court rules and procedural standards that most claimants are not equipped to navigate alone. An attorney who has handled VA appeals will know which arguments the Board has historically accepted and how the rating system operates in practice.

  • How does the VA disability rating system work?

    The VA assigns a disability rating from 0 to 100 percent, in increments of 10, based on how severely a service-connected condition limits your ability to function. If you have multiple conditions, the VA uses a "combined ratings" formula rather than simple addition: each new condition is applied to your remaining able-bodied percentage, which means the combined rating is almost always lower than the sum of individual ratings. The rating determines your monthly compensation amount, your access to VA health care, and eligibility for additional benefits such as Individual Unemployability (TDIU).

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

    These are the three appeal lanes under the Appeals Modernization Act (AMA). A Supplemental Claim lets you submit new and relevant evidence that was not part of the original decision. A Higher-Level Review asks a senior VA adjudicator to re-examine the same record without new evidence, looking for clear error. A Board Appeal goes to the Board of Veterans Appeals in Washington, D.C., where you may request a hearing before a Veterans Law Judge. Each lane has different strengths depending on why the claim was denied and what evidence is available.

  • How long does a VA disability appeal take?

    Processing times vary by lane and by the Board's current docket. Supplemental Claims and Higher-Level Reviews at the Regional Office level typically take several months. Board Appeals, particularly those requesting a hearing, have historically taken one to three years. Representation by an accredited attorney does not slow this process and, in some lanes, can shorten it by ensuring submissions are complete and correctly framed the first time.

  • What is the Court of Appeals for Veterans Claims (CAVC)?

    The CAVC is a federal Article I court in Washington, D.C. that reviews final Board of Veterans Appeals decisions. It is the last administrative appeal available to veterans before federal circuit courts. CAVC practice requires understanding federal court procedure, the standard of review for Board decisions, and the body of CAVC case law interpreting the Veterans Benefits Manual and the Code of Federal Regulations. Mark Smith, who handles veterans matters at Corcoran Smith Law, is a U.S. Army combat veteran with two Bronze Stars and a UC Berkeley Law graduate.

  • What does it cost to hire a veterans law attorney?

    Federal law (38 U.S.C. § 5904) governs attorney fees in VA matters. After a final Board decision, an accredited attorney may charge a fee, typically a contingency percentage of past-due benefits recovered. There are no attorney fees on initial claims. We will explain the fee structure clearly at the outset so there are no surprises. The first conversation costs nothing.

  • Do you handle discharge upgrades?

    No. Our veterans practice is focused on VA disability compensation claims and appeals, and we do not handle discharge upgrades. If your discharge status is affecting your eligibility for benefits, let us know during your consultation and we will point you toward a qualified resource or attorney who handles discharge upgrades through the Discharge Review Board or Board for Correction of Military Records.

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