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GeekySquid

Intent to File from 2018 ED decision

Question

Another question about the AMA process.

In 2018 I filed for SMC for ED. I was awarded 0% but SMC allowed. yippee.

At that time the Award letter said I had a potential claim for Voiding Dysfunction if I choose to file for it.

Since my other claims were tied up on the VA hamster wheel, I filed an Intent to File.

AS I understand it since Feb 19 that Intent to File is gone? and my earlier date is done, meaning when I file for the Voiding Dysfunction my file date will be the earliest possible under the new AMA process?

Is there a way around this to get an EED back to 2018?

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Well, yes.  

   SMC is inferred..always to when you are eligble for it, not the date you applied, necessarily.  

   If you told your doctor you had ED, then your backpay for ED (which is SMC K) should go back to that date, regardless of the date you applied.  

    Your effective date should be the date it was first recorded in your records that you had ED.  

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8 minutes ago, broncovet said:

Your effective date should be the date it was first recorded in your records that you had ED

@broncovet

Thank you for the response but back pay for the ED was not my question.

My question is if my Intent to File for Voiding Dysfunction made in 2018 has been canceled due to the Feb 19, 2019 switch to AMA process? If it is, how do I get the EED back to the IIF date?

 

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Have you received a decision for "voiding dysfunction?"  If you have, was it at the wrong effective date?

Claims are processed strictly in this order:

1.  Service connection or no. 

2.  Disability percentage.

3.  Effective date.

      Therefore, there isnt a lot you can do to dispute an effective date, on a claim that has not yet been adjuticated.  Instead, you have to wait for the envelope, then file a nod if you dispute the effective date.  

     If it makes you feel better, you can send a 21-4138 explaining you filed an ITF on this issue and you dont want to lose your effective date because of ramp.

     However, dont expect VA to bother to read your letter, tho stranger things have happened.  But, keep a copy of the letter when/if you have to appeal the effective date.  

      You cant do much about the effective date until after its adjuticated.  

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1 minute ago, broncovet said:

Have you received a decision for "voiding dysfunction?" 

 

The original question is what happened to my Intent to File when the system changed on Feb 19, 2019.

The VA notified me in my 2018 Award letter that I could file for Voiding Dysfunction. I have not yet filed as I was waiting for the fustercluck going on with my Vertigo claim to be settled.

The ITF was made to hold my date, as that is what ITF"s were meant to do.

With the change on Feb 19th, 2019, it seems that all previous ITF"s are erased, or so I have read elsewhere.

At this point I will just file a new claim for the Voiding Dysfunction, indicate that I had an ITF and see what happens.

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 YOU DON'T WANT TO CLOSE OUT A CLAIM .

WHERE DID YOU READ THIS?

''With the change on Feb 19th, 2019, it seems that all previous ITF"s are erased, or so I have read elsewhere.''

??????????????

Intent to File Preserves the Effective Date of a Potential Claim You will have up to one year from the date VA receives your intent to file to submit a formal claim.

This process also allows VA to award backdated benefits from the date of your diagnosis or treatment. Your intent to file just needs to be filed within one year of the diagnosis or treatment. Then, your required claim form needs to be filed within one year.

Other Important Information About Intent to File • You can only submit one intent to file at a time. • After you submit a completed claim, your intent to file will no longer be active. If you expect to file an intent to file for another general benefit, you must submit a new form. Consider this sample process:

1. VA receives an intent to file for compensation benefits on April 1, 2015.

2. VA receives an application for compensation benefits on Aug. 1, 2015.

3. You file another application for compensation benefits on Jan. 1, 2016. In this case, VA considers an effective date of April 1, 2015 for any benefits awarded as a result of the Aug. 1, 2015 application.

However, the April 1, 2015 intent to file date will not be used for any benefits awarded as a result of the Jan. 1, 2016 application. If a second intent to file for compensation benefits is received on Oct. 1, 2015, VA considers an effective date of April 1, 2015. This is the date VA received the intent to file''

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