Complicated "Intent To File" Question - I am still within 1 year of separation

[jag32]

I separated from the USMC on September 2nd, 2014, so I am still within 1 year of my separation.  I am about 2 weeks away until I go beyond my year of separation.  I have not filed my disability yet, but yesterday I went and filed the "Intent to File" giving me an intent to file date of August 15, 2015.  Does this intent to file date of August 15, 2015 INCLUDE my almost entire year ive already had since I separated since I filed the intent to file within 1 year of my separation?  

If I file my FDC before September 2nd, 2015, I know I will get back pay to my separation of September 2nd, 2014... but my question is, since I filed an intent to file with a date of August 15, 2015 and my separation date was September 2, 2014... if I file my claim in lets say, November 2015, will I get back pay back to my separation of September 2, 2014 because I filed my intent to file within 1 year of my separation?

I am very confused and any advice would be helpful.  There is no way I can pull together my entire FDC and get it submitted by my 1 year from separation date in a few weeks, but because I filed the intent to file within 1 year, am I protected for back pay all the way back to my separation date because of my intent to file within 1 year??

 

Thanks  

[Guest]

That would make sense but nothing with VA makes sense.  Keep in mind that filing a FDC is faster but you do not have to file a FDC.  You can file a regular claim and VA will ask you for more medical evidence once they begin to process your claim.  If you file a FDC and you do not have all the evidence then VA will deny your claim but if you file a regular claim VA is suppose to assist you gather the evidence you need to get your claim granted.  By filing a regular claim you will have more time in gathering the evidence you need.  Never trust VA, make sure you do your research/homework.

[jag32]

Hi Pete,

Thanks.  What i'm concerned with is I don't want to lose the year of back pay.  If I REALLY need to and I will lose that year of back pay, I can go 24/7 to get this done and submitted on time but it will be a stretch.  Any regulation or anything you know of that says if I submit an "intent to file" when i'm still in my 1 year of separation window, it extends the window even further?

[godelocs]

By filing the intent to file within the one year you should be good as far as being paid from the time you got out of service. If I were you I would make sure to list the conditions you plan to file for on your intent to file. That way those conditions will still hopefully be easily service connected because you stated those issues before the one year mark. As long as you have all if your medical records there is probably no reason you can't be ready to file an FDC. It will take longer if you have to wait for VA to request those medical records, especially if there are any from private doctors. If you have them, send them with your FDC. Get everything together now. The hardest part is getting started. Decide your approach and move forward. You will be surprised at how things flow. Take it step by step and ask questions as you go. Just make sure you ask questions with each step to stay on track. More Hadit members will chime in. This is only my opinion. Hope it helps. 

[pwrslm]

I wouldn't stress out about the FDC part, I would get the file submitted before the 1 year mark though.  File everything that you have that can link to military medical records.  File on whatever secondary conditions they caused, if you need to get IMO/IME's later, you still can protect the dates.

 

For effective dates, it is the later date from the of intent to file, or the actual date of entitlement, but there is "an exception in cases where the claim is filed within one year of separation from active military service. For these claims, the effective date will be the day following separation"...

If they give you 0%, that's ok, you can appeal it or refile if the condition gets worse later down the road.  The idea is don't wait to get it on the books, its much harder later than it is now.

 

Edited August 18, 2015 by pwrslm

[john999]

File all your claims via Certified Mail/Return Receipt before the end of the month.  Why have you waited so long to file?  If you file within one year of discharge there are many chronic disabilities that will be considered as service connected without having to prove the nexus.