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]

1 hour ago, Richard1954 said:

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.   

Yes I agree I did the same thing, but it also gives the Veteran more time to scrap up any evidence he needs or if he has requested his C-file 

Filing the INT gives the veteran 1 year to prepare his claim at least get some records in he may need to finalize the claim. and get that extra year of retro.  hey every little bit helps

He/she just needs to make sure they file the ITF before the 1 year deadline  or  will have to restart all over.