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Is Intent to File useless?

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x020574

Question

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.

 

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  • HadIt.com Elder

Yeah paul  I am not totally sure on this?

  I would think they would notify you if the ITF was not good? so like you mention just have to wait and see?if they use the ITF  then it has to be good.

jmo)

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  • HadIt.com Elder

Buck and Paul

My ebenies also shows Active Intent to file, date received, expiration date, and status=active, and source = online. Since I just did this 2 weeks ago, it has to be still a good and current process. Besides, we all know that since it is a VA site, there is no way the VA would have the wrong form to fill out on their own site. Right? I mean, the VA NEVER makes a mistake!

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12 hours ago, x020574 said:

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

the operative question here is did your VSO do it properly?

you did not need them to file that. You could have done in through Ebenefits.

In fact if you want to F with them you should do it now.

Go to ebennies. fill out the personal info. Read the screens.

The next thing you should see is a screen that says Your Intent to file has been saved.

STOP!!!!!

sign out of ebennies.

I did this right after AMA went into effect and screen capped it. It is posted under the AMA forum.

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