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Intent to file question


deckie69

Question

Good morning all,

05 May 2015 Filed intent to file
24 Dec 2015 Filed claim Ebenefits
06 May 2016 Intent to file expired
09 May 2016 Claim decided

My question is:

The VA only paid me Retro only back to the date I filed on 24 Dec since they say that my Intent to File expired 06 May 2016 three days previous to my claim was decided. What is the point in filing an Intent to File if the VA can just wait 3 days past the expiration date and not have to pay you?

Is the VA incorrect in doing that and am I out of that money or is there something I can do to get this corrected? 

 

Thank you in advance.


 

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I really feel for ya dude. I would feel the same as you. However, the VA has to stand behind some sort of policy. An exception can open Pandora's Box to a lot of new problems.

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No the VA can't do that !!  That is what the intend to file is for . It locks your claim date in as the date you intended to file as long as you file the claim or finish the claim within the 365 day allotted timeframe as far as i can tell.  Someone else will say if i'm right or not but i'm 99% sure that should be your date filed claim!!

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You are absolutely correct. If a substantially complete claim was filed within the 365 day period from the ITF (and it appears that it was) then that becomes the earliest possible date of payment.

That is the only claim you filed I assume. You didn't file a separate claim with the ITF, right? If you did then VA is correct.

 

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I understand your filing date should be May  5th 2015  but they may make it June 5th 2015  and pay the difference from May 5th with June 5th Payment. and  then 11 months retro.

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