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Rakkasan

Submitting Intent to File for Increase Claim

Question

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.

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Good Find Rakkasan!

..........Buck

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  • Similar Content

    • By GeekySquid
      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.
       





    • By GeekySquid
      Another question about the AMA process.
      In 2018 I filed for SMC for ED. I was awarded 0% but SMC allowed. yippee.
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      Since my other claims were tied up on the VA hamster wheel, I filed an Intent to File.
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    • By SA_oatmeal
      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.
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      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
    • By VN-Vet
      Hey Guys - I need to know if it is possible to file an 'Intent to File' and then submit multiple claims?
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      https://www.benefits.va.gov/BENEFITS/factsheets/general/ITF.pdf
    • By Michigander
      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. 
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    • Peggy toll free 1000 last week, told me that, my claim or case BVA Granted is at the RO waiting on someone to sign off ,She said your in step 5 going into step 6 . That's good, right.?
      • 6 replies
    • I took a look at your documents and am trying to interpret what happened. A summary of what happened would have helped, but I hope I am interpreting your intentions correctly:


      2003 asthma denied because they said you didn't have 'chronic' asthma diagnosis


      2018 Asthma/COPD granted 30% effective Feb 2015 based on FEV-1 of 60% and inhalational anti-inflamatory medication.

      "...granted SC for your asthma with COPD w/dypsnea because your STRs show you were diagnosed with asthma during your military service in 1995.


      First, check the date of your 2018 award letter. If it is WITHIN one year, file a notice of disagreement about the effective date. 

      If it is AFTER one year, that means your claim has became final. If you would like to try to get an earlier effective date, then CUE or new and material evidence are possible avenues. 

       

      I assume your 2003 denial was due to not finding "chronic" or continued symptoms noted per 38 CFR 3.303(b). In 2013, the Federal Circuit court (Walker v. Shinseki) changed they way they use the term "chronic" and requires the VA to use 3.303(a) for anything not listed under 3.307 and 3.309. You probably had a nexus and benefit of the doubt on your side when you won SC.

      It might be possible for you to CUE the effective date back to 2003 or earlier. You'll need to familiarize yourself with the restrictions of CUE. It has to be based on the evidence in the record and laws in effect at the time the decision was made. Avoid trying to argue on how they weighed a decision, but instead focus on the evidence/laws to prove they were not followed or the evidence was never considered. It's an uphill fight. I would start by recommending you look carefully at your service treatment records and locate every instance where you reported breathing issues, asthma diagnosis, or respiratory treatment (albuterol, steroids, etc...). CUE is not easy and it helps to do your homework before you file.

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      Does this help?
    • Thanks for that. So do you have a specific answer or experience with it bouncing between the two?
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      ...................Buck
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    • Precedent Setting CAVC cases cited in the M21-1
      A couple months back before I received my decision I started preparing for the appeal I knew I would be filing.  That is how little faith I had in the VA caring about we the veteran. 

      One of the things I did is I went through the entire M21-1 and documented every CAVC precedent case that the VA cited. I did this because I wanted to see what the rater was seeing.  I could not understand for the life of me why so many obviously bad decisions were being handed down.  I think the bottom line is that the wrong type of people are hired as raters.  I think raters should have some kind of legal background.  They do not need to be lawyers but I think paralegals would be a good idea.

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      The document I created has about 200 or so decisions cited in the M21-1.   Considering the fact that there are more than 3500 precedent cases out there I think it is safe to assume the VA purposely left out decisions that would make it almost impossible to deny veteran claims.  Case in point. I know of 14 precedent setting decisions that state the VA cannot ignore or give no weight to outside doctors without providing valid medical reasons as to why.  Most of these decision are not cited by the M21.

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      M21-1 Precedent setting decisions .docx
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      • 5 replies
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