VETERAN'S LAW

Corcoran Smith Law provides individual representation of 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).

FILING A VA DISABILITY CLAIM

How to file a VA Disability Claim for military veterans.

Create/Access VA and eBenefits Accounts

To start, create and ensure you have access to the VA’s main webpage www.va.gov/new-home-page and the eBenefits webpage www.ebenefits.va.gov/ebenefits/homepage.

Determine Basic Eligibility for Disability Compensation

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: https://www.va.gov/disability/eligibility/

Initiate a Disability Claim Application:

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 https://www.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 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 https://www.va.gov/find-forms/about-form-21-0966/ 


Gather Necessary Documents and 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. 


  1. *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. 

Complete and Submit the 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: https://www.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: https://www.va.gov/find-locations/ 

Attend Scheduled Compensation & Pension (C&P) Exam(s)

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. 

Await the VA Regional Office’s (RO) 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.

Review the RO’s Mailed Decision Letter

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: https://www.va.gov/decision-reviews/ 


  • Optional - Choose a Representative: You can choose to have a representative, such as a Veterans Service Officer (VSO), attorney, or claims agent, assist you with your claim. These representatives can help you gather evidence, complete forms, and guide you through the claims process. To find a VSO, use the VA’s directory: https://www.va.gov/ogc/apps/accreditation/index.asp

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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).


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