Is the ITF(Intent to File) erased because of AMA or Opt into RAMP?

[Buck52]

Anybody know if a Veteran opts into the RAMP and has filed an INT (Intent to File)   Will VA Accept it just as if it were still in Legacy or traditional claims process?

They don't erase a INT do they? if veteran is opt into RAMP...I REALIZE A Veteran can't opt back to Legacy once he opts into RAMP.

Anybody know?

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[Buck52]

Anyone??  I never knew it if its true?...If the ITF is out   I need to stop saying to file a ITF Claim

Just need the correct Information on this.

[GeekySquid]

10 hours ago, Buck52 said:

Anyone??  I never knew it if its true?...If the ITF is out 

@Buck52

Asknod has an article on his site at that includes info on pre-AMA ITF's.

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

What we know for sure from that article is that he states any ITF filed prior to Feb 19, 2019 change to the AMA process, is dead and gone. Look for the word "cowboy" in his article and you will find it easily.

It is still an open question if the AMA process will include an ITF. Ebennies as of yesterday still had that option.

From what I can tell the AMA change has people in 3 different processes. Legacy, RAMP and AMA. Any new claim filed from Feb 19 on is definitely in AMA. Claims that involve the other two processes have varying degree of changes or affects from AMA.

I am trying to wade through how it affect me which is why I keep asking all these questions.

[GeekySquid]

On 5/6/2019 at 11:25 PM, Buck52 said:

I never knew it if its true?...If the ITF is out   I need to stop saying to file a ITF Claim 

@buck52

I just filed for my first claim under the new AMA, May 8, 2018, During the process It showed me my existing Intent To File (see attached screen print) with a Aug 24, 2019 expiration date.

I will post another thread about what I just experienced with this claim. It is a Secondary Claim to PTSD and the ITF was created under the Legacy System which knowing the VA may be completely different than a brand new First Claim being done under AMA.

For now, we will have to wait and see until someone posts about a Brand New First Claim under AMA.

We will also have to wait and see what they do about granting that EED for this claim considering the ITF.

Intent to File notice in ama application filed 5-8-2019.pdf

[Buck52]

ok the ITF is still in effect one year later after filing a claim  so it has not been erased.

Thanks Geeky.

Edited May 8, 2019 by Buck52

[broncovet]

The regulations state (somewhere) that, if 2 different regulations apply, then the Vet gets the more favorable one.  

In this case, since the Vet filed an ITF, and, apparently those went away, the Veteran should still get the earlier date benefit of the ITF.  

Lots of regulations change.  For example, you used to not even need to file an application form for increase.  Now you do.  However, if you filed an informal claim prior to the regulation change, it should still be valid.  

There are many, many regulatory changes..especially now.  In theory, the Veteran should get "the more favorable" of the 2 regulations.    That is, if the Vet filed an ITF and met the criteria, he should still get the benefit of the earlier effective date, once benefits are awarded..back to the later of the date  of the ITF filing or facts found.  

This is my opinion, but, of course, it probably has not been tested in court, and it is far too new to be in the VBM. 

Its my opinion that, for Vets who properly filed an ITF, they will get the benefit of the earlier date, but, of course, if that regulation was pulled, then ITFs filed after the regulation wont be honored, but those filed while the ITF regulation is in effect will be honored.  

This is the same way it is, for, say informal claims.  I cant file an informal claim now, on a 21-4138 or a blank sheet of paper, but those filed earlier, while that was in effect, will be honored.   

Edited May 9, 2019 by broncovet

[GeekySquid]

2 hours ago, Buck52 said:

so it has not been erased.

@Buck52

np.

I do want to caution anyone reading this, that this might be a one off based on the exact circumstances of this claim and ITF.

On the other hand the ITF as a function may not be going away with the changes due to the modernization act.

sadly it is just one more thing that has to be monitored.