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Intent to File from 2018 ED decision

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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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  • HadIt.com Elder

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
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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
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