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Intent to file question

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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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  • HadIt.com Elder

if they did not pay you for 12 months retro  be sure to disagree with their EED.

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On 5/12/2016 at 0:43 PM, Meddac said:

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.

 

No it was all on the same claim.

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