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Found 6 results

  1. Excerpts from an email I got yesterday after I had logged off, but read this AM. I don't pretend to understand point C.- I don't work on court appeals stuff. We are apparently having meetings next week about all of this. A. Intent to File (ITF) Framework Applies to all Supplemental Claims The Court invalidated a portion of the introductory language to 38 C.F.R. § 3.155, which excluded supplemental claims from the ITF process. VA must now accept an ITF for a supplemental claim. Claim processors must consider whether an ITF of record is applicable to a subsequently received supplemental claim under § 3.155. This includes all supplemental claims, whether filed within one year of a decision or after the continuous pursuit period has ended. An ITF filed within one year of a VA decision may, therefore, operate to maintain continuous pursuit if the ITF is applicable to a supplemental claim filed after expiration of the one-year period following notice of a decision. B. Claimants can file supplemental claims while a claim for the same issue is pending at the Court. The Court also invalidated 38 C.F.R. § 3.2500(b), which prohibited the filing of a supplemental claim when adjudication of the same issue was pending before a federal court. Note: The Board of Veterans Appeals (BVA) does NOT fall under this definition of a federal court. The existing guidance in M21-1, II.i.2.A.3.a-c. still applies when determining if a claimed issue is duplicative of a legacy or BVA appeal. To allow timely consideration of new and relevant evidence, effective immediately, claim processors must accept a supplemental claim filed on or after July 30, 2021, when the same issue has been appealed and is pending before a federal court when the supplemental claim is filed. This includes cases before the U.S. District Courts, the U.S. Courts of Appeals for Veterans Claims, and the U.S. Supreme Court. C. Revision of Attorney Fee Eligibility Due to Invalidated Regulation. The Court invalidated 38 C.F.R. § 14.636(c)(1)(i), which treated decisions on various types of claims as initial decisions in the case thereby making attorneys and agents ineligible for fees based on those decisions. The Court disagreed and explained that, for example, clear and unmistakable error claims and supplemental claims filed after the one-year continuous pursuit period are, for fee purposes, part of the same case as earlier proceedings adjudicating compensation for the same disability. VA may no longer apply the regulation, 38 C.F.R. § 14.636(c)(1)(i). Under the Court’s ruling and the relevant statute, 38 U.S.C. § 5904(c)(1) and (4), agents and attorneys may charge claimants or appellants for representation provided after an agency of original jurisdiction has issued notice of an initial decision on the claim or claims if the notice of the initial decision was issued on or after the effective date of the modernized review system as provided in 38 C.F.R. § 19.2(a), and the agent or attorney has complied with the power of attorney requirements in 38 C.F.R. § 14.631 and the fee agreement requirements in paragraph 38 C.F.R. § 14.636(g). Under this ruling, once VA has initially adjudicated an issue, fees may be charged for work on later claims involving that issue without the requirement of a new initial decision. Attorney fee eligibility now applies to all supplemental claims. This applies to fee decisions on underlying claims processed under AMA required on or after July 30, 2021.
  2. If a vet submitted an Intent to File during the pandemic can he get an extension? If so, how would he do that?
  3. I submitted an Intent to File (Form 21-0966) as part of a va.gov IU claim where VA requested TDIU forms. Instead of submitting those, I uploaded the Intent to File (I felt as if I did not have enough evidence to win TDIU at the time). The TDIU claim was denied later than month. I am considering abandoning my attempt to get TDIU because I am so close to 100% (schedular). I'd like to know if I can use that specific Intent to File for other claims. If so, how do I reference the original date?
  4. When you have an open intent to file, is it possible to add 2 disabilities into the itf even if they are unrelated like ptsd and asthma ? Is see that there is an option to select multiple disabilities but when you upload evidence it won't allow you to upload documents to each disability and clumps them all together. Is there anyway to organize these documents like numbering them or providing a lay statement letting them know which pages belong to which disability. Thanks yall
  5. 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.
  6. Hello and thank your reading. Can I file for EED and how to do so? Filed Claim with 4 contentions on September 10, 2019 with a ITF from Sept 17, 2018-Sept 16, 2019 after being told by the VBA I needed to file it as Supplemental cause previously denied and closed. I got word from Peggy and sent it in with my new and material evidence to include my ITF 09,‘18-09,’19 which was in the first filing, in time under my ITF on Sept. 14, 2019. In late October 2019, Supplemental MH approved and IU inferred/deferred pending application with an effective date of Depression as Oct. 1 2019. I bunched the Depression with 3 others but then quickly submitted it as Supplemental still within my 1 year ITF. All three other claims denied sc or increase denied. My ITF is good for the other 3 and still is do to HLR pending but VA paid no mind of my Supplemental’s EED. I ask again, does my ITF cover my AMA award? If so, how do I appeal for it?
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