Is Intent to File useless?

[x020574]

Last week I spoke with my VSO about filing a direct claim for Acquired Hemolytic Anemia and my Hem/Onc doctor agreed to stating my exposure to toxic chemicals, primarily Benzene among others, was just as likely as not to have contributed to my PNH. I explained my doctor would be out of country for a week and that he would complete the DBQ and provide a rational explanation once he returns. The VSO stated, he would take care of filing a claim and doctors DBQ would be submitted once received. 

A few days later I get a correspondence from my VSO telling me an Intent to File form 21-0966 was submitted on my behalf, I checked VA.gov and see an intent to file for 7723, for Compensation (and an entry for Pension???) under review. Exactly one week later it shows as closed on eBenes and a package is sent. When I checked my disability list, 7723 appears but says Not Service Connected. Well of course the examiner would say that, they hadn’t received ANY supporting documentation supporting the claim yet. I had asked the VSO if I needed to upload a form 21-526 before the claim closed and he told me no, sit tight??? This doesn’t make sense, why file a 21-0966 if they are going to closed it within a week if they don’t yet have info to support it?... why not file a 256 and have 90 days to get you stuff together?

Then I see this on the Veterans Law Blog: Do Everything in Your Power to NEVER use VA Form 21-0966, apparently preserving your date is a joke, could have preserved the date with a 21-256 just as well, and it wouldn’t have been closed so quickly! Very disappointing!

They make a valid point and make me wonder is who side is my VSO on? I’ll wait and see what the package says, but if I don’t feel comfortable with how the VSO handle this (and the service .org is one of the big ones) what should I do now? File a 526 with supporting docs, file a notice of disagreement...I don’t want to screw this up any worse than it is.

Thanks for listening and any advise given.

 

[Buck52]

 Be sure to check with the 1-800# if in doubt of what forms to file and send in??...if you file the wrong for they will kick it back and this puts a hault on your EED.

ITF''s are out , they go by your filing date only,  from what I understand   if you filed the 21 526 ez That should be your first filing date.

*Note ,as I understand this is for a first time claim and Not a NOD(Notice of Disagreement?

 

21-0996 is for

Intent To File A Claim For Compensation and/or Pension, or Survivors Pension and/or DIC

I been told they no longer honor these forms?

The 20-0966 is a request for

DECISION REVIEW REQUEST: HIGHER-LEVEL REVIEW

Remember if you choose the HLR  you can't add any new evidence later on if your denied.

As for as I know the 21 -0958 is the NOD Form for NOD (Notice of Disagreement ) after a denial   and line 8 is in question  so we can leave that blank. you have 1 year to file it after a denial.

Edited August 31, 2019 by Buck52

[x020574]

24 minutes ago, Buck52 said:

ITF''s are out , they go by your filing date only,  from what I understand   if you filed the 21 526 ez That should be your first filing date.

*Note ,as I understand this is for a first time claim and Not a NOD(Notice of Disagreement?

 

21-0996 is for

Intent To File A Claim For Compensation and/or Pension, or Survivors Pension and/or DIC

I been told they no longer honor these forms?

The 20-0966 is a request for

DECISION REVIEW REQUEST: HIGHER-LEVEL REVIEW

Remember if you choose the HLR  you can't add any new evidence later on if your denied.

Thanks Buck52,

you are correct, this was a new claim, where I will have a expert opinion hematologists confer it is just as likely as not a result of chronic benzene exposure. I probably don’t want to do a HLR (assuming this is the same as a notice of disagreement). So at this point, I would like to handle the claim I’m my on.... being the the ITF is closed and denied... can I file a 526ez on my own (opening a new claim). I have never had to deal with a denied claim before.

PNH is a serious disease, I require infusions every 14 days for life. The only cure is stem cell transplant (dangerous and not an option available to me - age) and hemolysis reeks havoc on the body. Biggest concern is thrombosis, damage to kidneys and other body parts due to compromised.

i do have other issues I was hesitant to file for, MST, I had VA treatment for this, dx as PTSD but since I have SC 70% MH disability already, I’m not sure I want to rehash all that MST crap. I have made progress accepting what happened but I still have significant trust issues I feel will never be resolved.

i appreciated your concern and advice and I wouldn’t hold anything against you or anyone else on this board, but I am well aware my decisions are my own. Any advice on how to pursue the 7723 at this point.

Thanks brother!

[GBArmy]

I submitted via ebennies 21-0966, ITF electronically, on Aug. 19th. I got a confirming hard letter from Janesville, Wi dated the same date. I think they are still using it.

[paulstrgn]

I started an ITF on 5/19/2019 and it still shows in ebenefits. Now I am not sure if they will use it when I file a new claim, but it stills shows as an ITF.

[Buck52]

 x020574 , There you go  GB Army and Paul have ITF's waiting decision?

wait and see if your ITF goes through?   the VA will have to figure that all out.

I was informed the ITF was dead in the water  but maybe there is a cut off date? I don't know what that date is ?

so the VA will have to figure that all out  if they still use? it keep it ,that mean you have the ITF Time for more retro.

 

x024578     =    can I file a 526ez on my own (opening a new claim).? 

x024578 you can file as many new claims as you like at any time. using the 21 526 ez

[paulstrgn]

9 minutes ago, Buck52 said:

GB Army and Paul have ITF's waiting decision?

It does show pending but I am not sure if they will actually use that date. It could be that I am grandfathered in and that is why it still shows or it may be that the VA will just ignore that date and use the date I actually file for a claim. Time will tell.