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.

 

[broncovet]

You need to file an "intent" to file an "intent to file".  Or, you can just discontine even considering this bad, now abandoned program (ITF).  

The only thing an ITF is good for is to use it to fight your effective date if you filed one.  

Are you sure you are sure you want to file an intent to file in order to file an intent to file, because you plan on filing an intent to file in the future???  

Just file, skip the ITF.  It serves no useful purpose, other than confusion.  

[GeekySquid]

35 minutes ago, broncovet said:

Or, you can just discontine even considering this bad, now abandoned program (ITF).  

can you please point to the official VA statement that the  ITF program is abandoned?

[Buck52]

1 hour ago, broncovet said:

You need to file an "intent" to file an "intent to file".  Or, you can just discontine even considering this bad, now abandoned program (ITF).  

The only thing an ITF is good for is to use it to fight your effective date if you filed one.  

Are you sure you are sure you want to file an intent to file in order to file an intent to file, because you plan on filing an intent to file in the future???  

Just file, skip the ITF.  It serves no useful purpose, other than confusion.  

Broncovet

I always  figured the ITF was a good Ideal for the Veteran   it gives him/her time to prepare the claim while he/she gets a better EED before filing...if he files the INT and then waits 11 months and 28 days and then files his/her claim  will already have 11 months and 28 days of retro providing he wins his claim  and ever how much longer on the 11 months and 28 days for a decision  after that  as  long as he/she files the claim within 12 months after filing the ITF

I would think thats a good Ideal not a Bad one?

Edited September 1, 2019 by Buck52
spelling

[paulstrgn]

I have always filed an ITF for the earlier effective date, because I know I am fling for either an increase or a new disability but I don't have everything I need yet. I did that with my ED and depression. I knew I was going to file for ED but did not have everything I needed. I filed 3 months later for ED and it was approved with the earlier effective date. The same thing with my depression. 

If and when the VA does away with ITFs I will stop using them but for now I use them.

[vetquest]

I filed an intent to file six months before I filed for ED and my claim took six months.  I received a year of backpay under the AMA.

 

[Richard1954]

On 8/31/2019 at 9:31 AM, x020574 said:

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!

Don't know about that, but I do know that  the only reason to file an ITF is to preserve the effective date. I filed an ITF and waited almost a year to file the actual claim. When the claim was awarded the VA honored my ITF as my effective date.