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Intent to File from 2018 ED decision


GeekySquid

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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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13 minutes ago, Buck52 said:

WHERE DID YOU READ THIS?

@Buck52

Asknod's website

https://asknod.org/2019/02/24/ramp-screw-me-twice-shame-on-me/

"Remember that intent to file you put in last July 2018? Gone with the wind, Cowboy. "

I don't want it closed by that link and that line say it is.

This is why I asked the question.

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Yeah I Know..I never knew this.??and I didn't know you was a cowboy.....:wink:

I'll do some more searching on it and ask on hadit about the ITF?

Edited by Buck52 (see edit history)
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37 minutes ago, Buck52 said:

I'll do some more searching on it and ask on hadit about the ITF?

It is all part of the "new" AMA process that came after RAMP closed.

sadly the only thing I am riding these days is a wheelchair until my foot heals.

 

 

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Ok, well its good you have been reading up at Alex's website..there is some great info there.  

However, read a little more.  When it comes to SMC, its always inferred.  So an ITF is totally irrelevant on SMC, and wont change anything either way.    ITF is all about "preserving the effective date" but, it does not apply to SMC because SMC effective date is the date you first met the criteria for SMC, not the date you filed for SMC.  

The quicker you file, the faster you can get a decision.  The VA is supposed to work claims in order received, and that actually may even work with the NWQ.  Your filed claim is put into a National Work Que (NWQ) and the rater looking for his next claim to rate is supposed to take the next available claim in line.  It Could make it harder for rating specialist to "cherry pick" the easy claims, and stuff the complicated ones at the bottom of the pile that no one wants to work.  

You might be overthinking this (I understand that, because I do it myself!!).  Just file.  Dont worry about ITF.  Dispute the effective date, if necessary, when the award comes.  For you, at least, VA getting rid of ITF wont cost you a dime in lost backpay.  Again, this is because SMC is always inferred, and the Vet never has to apply.  (That does not mean VA will award it every time without asking, it means that your effective date will be the date you met the critiera, regardless of when you filed.

 

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48 minutes ago, broncovet said:

when it comes to SMC, its always inferred.  So an ITF is totally irrelevant on SMC, and wont change anything either way.

The ITF was for Voiding Dysfunction, which is not SMC

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Since you are already at 100 percent, you need SMC to go up.  An additional disability percentage for voiding dysfunction wont increase your comp, unless it is sufficent to render you eligible for statuatory SMC S:  100 percent (single rating, not combined) plus an additional 60 percent combined, seperate and distinct from each other.  

If your "voiding dysfunction" qualifies as "loss of use", then this is also SMC.  

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1File the claim. 2 Get SC.  3.Get disability percentage. 4 Now address the effective date.  

You should do these in this order..VA will.  

Dont wait to file because you have trouble figuring out the effective date.  

I dont know if your ITF will be Grandfathered in, and apply or not.  Probably no one does, all they can do is guess.  This may be decided by the courts "down the road".  

In all cases, file.  If awarded, you can dispute the effective date.  

Dont make the mistake of using ITF in the future..I never liked it anyway, it did not seem to work very well.  VA raters often ignored the ITF and rated the effective date accordingly.  

All of us have made mistakes.  Best is if you fix it, move on, and dont make the same mistake again.  Be creative and think up new mistakes. 

I have made so many mistakes that Im running out of new ones, in the 17 years since I filed in 2002.  

 

Edited by broncovet (see edit history)
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1 minute ago, broncovet said:

1File the claim. 2 Get SC.  3.Get disability percentage. 4 Now address the effective date.  

You should do these in this order..VA will.  

Dont wait to file because you have trouble figuring out the effective date.  

I dont know if your ITF will be Grandfathered in, and apply or not.  Probably no one does, all they can do is guess.  This may be decided by the courts "down the road".  

In all cases, file.  If awarded, you can dispute the effective date.  

 

This is perfect!  If you have not done this today, I would!!!

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3 hours ago, broncovet said:

100 percent (single rating, not combined) plus an additional 60 percent combined, seperate and distinct from each other.  

 

In my case the ratings under 4.115a for voiding dysfunction would place me at 60% if it is rated properly.

even if they (incorrectly) rate me at 40% with my other current ratings (100, 30, 10, 10) I will end up over 60% combined.

Even with that I doubt I would be allowed SMC S as the second criteria for it is being "housebound" and I am not. With the use of an "appliance" or pads I can travel around as much as I want and am physically able to.

In the past I have read discussions of what 'housebound' means and there was some disagreement as to the scope of that term. Since all the factors are immense in each individual case it is all but impossible to lay them all out here, but in my case I would not think that SMC S would be applicable at this time. Maybe in the future if things get worse (things rarely seem to get better) it might be.

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Remember  in some claims for E.D or. loss of use   it can be service connected two ways  direct service connection and non direct service connection though a secondary claim.

   the non direct s.c will get you a 0% rating but it also gets you the 108.** per month comp added to what you already get.  so you can get compensation for ED at 0% S.C.

but I am not so sure I understand what you me ''voiding dysfunction ''??

I got some new PTSD MEDS I am trying out  so my mind is not working all to well.  sorry

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3 hours ago, broncovet said:

Dont make the mistake of using ITF in the future..I

On this issue I am with you on the path of "1File the claim. 2 Get SC.  3.Get disability percentage. 4 Now address the effective date", I am just trying to figure out all the pieces of my various claims, nod's and appeals. 

The VA's habit of combing claims is what drove me to use the ITF in the first place. The claims i had in at the time were complicated and Ebennies was reporting that it was estimated to be completed in about 60 days from the time I received the award for ED with the instruction that I might want to file a claim for Voiding Dysfunction.

That complex claim did not get completed until April 2019, at least on the parts they deferred.

That reasoning to use the ITF may have screwed me despite the clear VA definition that it exists to hold the earliest effective date while you gathered evidence etc.

Thanks for the input.

 

 

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I am not to sure on this  but you can't file a ITF on appeal claim.

The NOD's are only good for 1 year only after a denial. 

that is for all NOD's  you can't let your NOD time  1 year  time limit run out ..the VA is very strick on this and they use it against us and it works.

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25 minutes ago, Buck52 said:

but I am not so sure I understand what you me ''voiding dysfunction ''??

@Buck52

Voiding Dysfunction is a distinct claim under the Genitourinary standards in 38 USC 4.115

Voiding dysfunction:  
Rate particular condition as urine leakage, frequency, or obstructed voiding  
Continual Urine Leakage, Post Surgical Urinary Diversion, Urinary Incontinence, or Stress Incontinence:  
Requiring the use of an appliance or the wearing of absorbent materials which must be changed more than 4 times per day 60
Requiring the wearing of absorbent materials which must be changed 2 to 4 times per day 40
Requiring the wearing of absorbent materials which must be changed less than 2 times per day 20

https://www.law.cornell.edu/cfr/text/38/4.115a

 

It can be stand alone or secondary to ED or many other conditions and Primary if there are distinct injuries to the bladder, penis, testicles, etc.

The same criteria that SC's ED to PTSD links Voiding Dysfunction as secondary as I understand it. So the shortest path for me is as a secondary claim to a condition already granted SC.

It essentially means someone "leaks" or "retains" urine and needs some type of appliance or aid (pads, depends, adult diapers, catheter, etc) to not do that.

Anyone with prostate problems like BPH or Prostatitis even prostate cancer, can apply for Voiding Dysfunction.

Here is the DBQ for it.

https://www.vba.va.gov/pubs/forms/VBA-21-0960J-4-ARE.pdf

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