Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • hohomepage-banner-2024-2.png

  • 27-year-anniversary-leaderboard.png

    advice-disclaimer.jpg

  • donate-be-a-hero.png

  • 0

Intent to File from 2018 ED decision

Rate this question


GeekySquid

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?

Link to comment
Share on other sites

  • Answers 19
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Recommended Posts

  • 0
  • Lead Moderator
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!!!

Link to comment
Share on other sites

  • 0
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.

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

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

Link to comment
Share on other sites

  • 0
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.

 

 

Link to comment
Share on other sites

  • 0
  • HadIt.com Elder

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.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use