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Found 9 results

  1. I need a sanity check... I filed my first VA claim after being out of the service for over 20 years and was awarded 80% from the day I filed. I then followed up with another claim that moved me to 90%. In the mean time I appealed the denials from the first claim. I am now 100% P&T (I am 63). I have my good days and bad days but I am not going to complain. This is my issue - I submitted an intent to file on the second claim and submitted it by overnight mail and can prove that it arrived and was ready for pickup on the morning of May 29th of last year. That is the day my Intent to File expired. My package sat in the box until it was picked up on the 30th and was then recorded as arriving on the 30th and the intent to file null and void. I can prove this from the U.S. Post Office documentation. I should not have waited to the last minute however that is another story. I want to submit an appeal for the date of receipt. Am I opening myself up for another set of evaluations and is this type of appeal even considered. I have poured through the instructions and can nothing about date of receipt. Does anyone have any experience on this?
  2. Several discussions about ITFs under the AMA process have cropped up in other forums. Today in talking about one it dawned on me I could find out a few things by simply starting to file under the AMA process. In short what I found is that ITF's do indeed exist under the AMA process for New Claims. The process also recognizes automatically if you have an existing ITF from before Feb 19, 2019. Attached are 5 screen caps on the process. Caps 1 and 5 related to filing a New Claim. The other 3 show what your options are depending on the date of the decision you are appealing. Read the fine print on Cap 5 concerning previous ITF's. Will this change? who knows, but as of now the application process under AMA for a New Claim indicates that ITF's are alive and breathing on their own.
  3. My heart goes out to all of my fellow survivors of MST ... For me, I have found I can no longer suppress and manage the daily physical and emotional affects of the sexual assault that took place on December 25, 1985 while serving on active duty. In effort to find some help, relief and hopefully someday healing I am starting the uphill journey to deal with this and try to share some of the highlights of my battle. I will be the first to admit I have no idea what I am doing and can only hope that God the father.... will guide my feet day by day. First step locating documentation of the event. A few weeks ago I was able to locate the police dept. and requested a copy of the report. I received a copy of the 15 page report this past week and it makes me emotionally and physically sick just to look at the envelope it's in. I also tried to locate medical records over the years from prior mental health therapists and physicians that would have documented my history as it related to these events, but the practices were closed or my records were no longer available due to time. April I called the VA to inquire about mental health services for MST and hesitated to start the process because the MST would not be marked in my record for all my providers to see. This was a big hurdle mentally as I have always hid this event at all costs from my providers. I am sure this did not help my physicians treat me and fully understand my ongoing medical problems especially those in which are usually brought on by some big life event which I always adamantly denied when asked. May 2nd 2017, I submitted a "intent to file". May 4th 2017, I went to a VSO rep?? to asked questions about the process to file a claim related to MST. The rep was belittling, insulting, hurtful, rude and I walked out of that office with no more information and the psychological affects were pretty devastating. At the encouragement from my daughter to go straight to the patient advocate office and file a complaint....I did just that. I found myself have a total mental breakdown just trying to give the details of what just went down and was thankfully met with support and many reassurances that I would have a team of people helping moving forward and that person would be brought in...dealt with and re-trained. I will spare you all the details. My next step is hearing from the mental health dept. to set up an appt. to do some type of baseline evaluation of my symptoms etc. as it related to MST... I guess to get an official diagnosis on record and to get me the specific therapy I need started. I will likely opt for tele-therapy once I have a few sessions onsite at the VA. That's it for now
  4. Another question about the AMA process. In 2018 I filed for SMC for ED. I was awarded 0% but SMC allowed. yippee. At that time the Award letter said I had a potential claim for Voiding Dysfunction if I choose to file for it. Since my other claims were tied up on the VA hamster wheel, I filed an Intent to File. AS I understand it since Feb 19 that Intent to File is gone? and my earlier date is done, meaning when I file for the Voiding Dysfunction my file date will be the earliest possible under the new AMA process? Is there a way around this to get an EED back to 2018?
  5. In anyone's experience in preceding a formal claim submission with an Intent To File notification, does CFR 20.305 (Computation of Time Limit for Filing) rule apply to the Intent To File process timeframe requirements for completed claim award effective date? ------- My scenario: On 8/06/2015 (Thursday) my Intent To File notification was received/logged online by VA via eBenefits. The next month my mother was hospitalised by coma and died at end of month. For several months afterwards, I did nothing with the claim. During July 2016 I completed the claim in eBenefits but could not submit for system errors over 2+ weeks of attempts (as Support Desk advised they only assisted with access to eBenefits and not any problems using it). 1-2 days before Intent To File expiry, I recreated the claim via paper form and was forced to mail it out via USPS the morning of Intent To File expiry. As a result of inquiring with VA personnel at both the regional hospital and attached CBOC, as well as via 800-827-1000, and being informed that VA would adhere to postmark date for preserving Intent To File effective date, I paid an extra fee to guarantee USPS postmark the submittal that morning (Saturday 8/06/2016) and cause issue of postmark verification document. The completed claim form was received by VA on 8/09/2016. After retention of legal representative, VA awarded me benefits for a portion of my claim's conditions (the remainder of the claim being still in Appeal) with effective date of 8/09/2016, the day they received my mailed claim submittal. If Intent To File timeframe requirement is exempt from Rule 305, then, since my mailed claim submittal wasn't received until 3 days past Intent To File expiration, my effective date is correct as presented. If Rule 305's Time Limit Computation directives DO apply to the Intent To File process, then my effective date should be nearly a full year earlier than was presented, to encompass the Intent To File's preserved receipt/initiated date of 8/06/2015. My lawyer, upon a cursory review of the information I just related above, is of the INITIAL opinion that the VA's presentation of effective date is NOT challengable due to the Intent To File process being exempt from Rule 305. This is based partly on the word choice* that frames the Intent To File process description (in at least one place, though not consistently in what documentation** of the process that I have been able to reference). Please ask away if more information is felt necessary, and I will further furnish what I can. * "received within 1 year" ... rather than "filed" or "submitted" (as with Rule 305 employing " filed within a specified period of time") ** https://www.benefits.va.gov/BENEFITS/factsheets/general/ITF.pdf
  6. Hey Guys - I need to know if it is possible to file an 'Intent to File' and then submit multiple claims? When I first started to file a few years back I was told just a letter stating that you would be filing for multiple claims for service connected disabilities, connected to conditions to, but not limited to, disabilities,related to Agent Orange, back, injuries, scars, and more, would suffice for a year while you prepared your claim. The was I read the info sheet on the new 'Intent to File' (21-0966), it looks like it is good for only your 'next' claim - and going by the VA example, it looks like you have to then file a claim before you can submit another 'Intent to File'. This really doesn't make sense, and I would think there was a way to save the date for multiple claims - but in reading the forum it does not appear so, or at least I haven't looked in the right place yet. So if possible, how do we file an 'Intent to File' for multiple claims? https://www.benefits.va.gov/BENEFITS/factsheets/general/ITF.pdf
  7. I have been looking around for the past weekend for an answer to this problem: Can you submit an Intent to File for an Increase Claim? I am asking because before I filed my increase in June, I had submitted an ITF in February so that I could have time to get my DBQ and any other evidence to submit. I have done my C&P in June and am still sitting in the Gathering of Evidence phase but was curious if my retro would be starting in February or if ITF only applies to new claims. I read a few threads on here where some people argue over this topic on when the ITF is used so I figured I would see if I could a clean answer about this. Thanks.
  8. I was finally ready to figure Retro benefits. So I filed my claim once in '83 denied....then on May 2, 2014 and continued with my PTSD request. Now I go into the ebenefits and it says I am only eligible (I may be incorrect) ..for retro benes back to June of this year (2 months)..Because of an INTENT to FILE. I just dont get it. I followed the rules and inquired & inquired about any missing forms and they told me that I was good. The effective date NOW is June 16 2015... NOT... May 2, 2014. The difference is huge-never read or heard abt the deadlines for Intent to file...I assume I should have filed an Intent every year???? Help....
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