Jump to content

  • veteranscrisisline-badge-chat-1.gif

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims


    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
  • Most Common VA Disabilities Claimed for Compensation:   


  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • 0

The package sat in the mailbox at Janesville...


I need a sanity check...  I filed my first VA claim after being out of the service for over 20 years and was awarded 80% from the day I filed.  I then followed up with another claim that moved me to 90%.  In the mean time I appealed the denials from the first claim.  I am now 100% P&T (I am 63).  I have my good days and bad days but I am not going to complain.  This is my issue - I submitted an intent to file on the second claim and submitted it by overnight mail and can prove that it arrived and was ready for pickup on the morning of May 29th of last year.  That is the day my Intent to File expired.  My package sat in the box until it was picked up on the 30th and was then recorded as arriving on the 30th and the intent to file null and void.  I can prove this from the U.S. Post Office documentation.  I should not have waited to the last minute however that is another story.  I want to submit an appeal for the date of receipt.  Am I opening myself up for another set of evaluations and is this type of appeal even considered.  I have poured through the instructions and can nothing about date of receipt.  Does anyone have any experience on this?     

Link to post
Share on other sites
  • Answers 14
  • Created
  • Last Reply

Top Posters For This Question

Top Posters For This Question

Popular Posts

CapnHaddock I'm a little confused on the sequence of events. You appealed and got approval to 100% P&T on the first claim right? Before it was approved you submitted an ITF on the second claim? If

if the date of appeal receipt the date they got the INT Thats the date the VA goes by  when they first get it...if it arrived at the post office the 1 day before the expiration date and the VA picked

Recommended Posts

  • 0
  • Moderator

CapnHaddock I'm a little confused on the sequence of events. You appealed and got approval to 100% P&T on the first claim right? Before it was approved you submitted an ITF on the second claim? If the claim was less than a year, you don't submit ITF but submit the claim. ITF is on new action, not appeals still open. Not sure what's going on.

  • Like 1
Link to post
Share on other sites
  • 0
  • Moderator
Posted (edited)

if the date of appeal receipt the date they got the INT Thats the date the VA goes by  when they first get it...if it arrived at the post office the 1 day before the expiration date and the VA picked it up the following day  ...you were 1 day short of the expiration date, you might can fight the expiration date just being one day late  but they will fight you tooth and nail for this INT Retro

This is why ALL veterans need to make sure they have enough time  1 day is to late  so I'd say at lest a week before the expiration date expires


They do have provisions to use for late exasperation dates...I don't know these provisions?or the guidelines /criteria

just one day expired  and it was at the P.O; you should be able to recover your years INT Back pay.

Edited by Buck52
  • Like 1
Link to post
Share on other sites
  • 0

GB - I went to 80% on my first claim.  Submitted a second claim that took me to 90%.  I then appealed the first claim.  The intent to file was on the claim that took me to 90%.  When they came back and agreed to my appeal - the VA gave me back pay to the date of the 90% claim award for 100%.  Essentially I did not get the year of backpay going from 90 to 100% based on the date the VA shows for submission of the second claim - by the one day it sat in the mailbox in Janesville.  The question is - am I opening Pandora's box by submitting this appeal or because I am P&T I will not get pushed into more exams.  It is a year of backpay that I am looking at.

I am also wondering if I should submit for worsening problems on awards already received?  (example - Right hip impingement is substantially worse according the doctor).

Link to post
Share on other sites
  • 0
  • Moderator

CapnHaddock I agree with Buck; you have to find the EED requirement. Try looking in M-21 manual first. But make no mistake, you will be in for a fight on this one. Going from 70%, or 80% to 100% will be a few back-pay bucks.  It  is what a friend used to say, "is the juice worth the squeeze?" In other words, risk v. reward. If you're P&T, they are supposed to leave it be. If you challenge, they have to look hard at your claim. Shouldn't matter but... So, again, why pursue an increase for your existing claims?  Will your symptoms now result in such an increase that you will be eligible for SMC's? Otherwise, why are you considering submitting a claim for worsening conditions? You don't want to do that IMHO if there is nothing to gain.

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Ads

  • Ads

  • Similar Content

    • By Sharm
      Need assistance in where to find on ebenefits to File a VA Form 21-0966 (Intent To File A Claim For Compensation) ?
    • By GeekySquid
      Several discussions about ITFs under the AMA process have cropped up in other forums. Today in talking about one it dawned on me I could find out a few things by simply starting to file under the AMA process.
      In short what I found is that ITF's do indeed exist under the AMA process for New Claims. The process also recognizes automatically if you have an existing ITF from before Feb 19, 2019.
      Attached are 5 screen caps on the process. Caps 1 and 5 related to filing a New Claim. The other 3 show what your options are depending on the date of the decision you are appealing.
      Read the fine print on Cap 5 concerning previous ITF's.
      Will this change? who knows, but as of now the application process under AMA for a New Claim indicates that ITF's are alive and breathing on their own.

    • By GeekySquid
      Another question about the AMA process.
      In 2018 I filed for SMC for ED. I was awarded 0% but SMC allowed. yippee.
      At that time the Award letter said I had a potential claim for Voiding Dysfunction if I choose to file for it.
      Since my other claims were tied up on the VA hamster wheel, I filed an Intent to File.
      AS I understand it since Feb 19 that Intent to File is gone? and my earlier date is done, meaning when I file for the Voiding Dysfunction my file date will be the earliest possible under the new AMA process?
      Is there a way around this to get an EED back to 2018?
    • By SA_oatmeal
      In anyone's experience in preceding a formal claim submission with an Intent To File notification, does CFR 20.305 (Computation of Time Limit for Filing) rule apply to the Intent To File process timeframe requirements for completed claim award effective date?
      My scenario: On 8/06/2015 (Thursday) my Intent To File notification was received/logged online by VA via eBenefits. The next month my mother was hospitalised by coma and died at end of month. For several months afterwards, I did nothing with the claim. During July 2016 I completed the claim in eBenefits but could not submit for system errors over 2+ weeks of attempts (as Support Desk advised they only assisted with access to eBenefits and not any problems using it).
      1-2 days before Intent To File expiry, I recreated the claim via paper form and was forced to mail it out via USPS the morning of Intent To File expiry. As a result of inquiring with VA personnel at both the regional hospital and attached CBOC, as well as via 800-827-1000, and being informed that VA would adhere to postmark date for preserving Intent To File effective date, I paid an extra fee to guarantee USPS postmark the submittal that morning (Saturday 8/06/2016) and cause issue of postmark verification document. The completed claim form was received by VA on 8/09/2016.
      After retention of legal representative, VA awarded me benefits for a portion of my claim's conditions (the remainder of the claim being still in Appeal) with effective date of 8/09/2016, the day they received my mailed claim submittal.
      If Intent To File timeframe requirement is exempt from Rule 305, then, since my mailed claim submittal wasn't received until 3 days past Intent To File expiration, my effective date is correct as presented.
      If Rule 305's Time Limit Computation directives DO apply to the Intent To File process, then my effective date should be nearly a full year earlier than was presented, to encompass the Intent To File's preserved receipt/initiated date of 8/06/2015.
      My lawyer, upon a cursory review of the information I just related above, is of the INITIAL opinion that the VA's presentation of effective date is NOT challengable due to the Intent To File process being exempt from Rule 305. This is based partly on the word choice* that frames the Intent To File process description (in at least one place, though not consistently in what documentation** of the process that I have been able to reference).
      Please ask away if more information is felt necessary, and I will further furnish what I can.
      *  "received within 1 year" ... rather than "filed" or "submitted" (as with Rule 305 employing " filed within a specified period of time")
      ** https://www.benefits.va.gov/BENEFITS/factsheets/general/ITF.pdf
    • By VN-Vet
      Hey Guys - I need to know if it is possible to file an 'Intent to File' and then submit multiple claims?
      When I first started to file a few years back I was told just a letter stating that you would be filing for multiple claims for service connected disabilities, connected to conditions to, but not limited to,  disabilities,related to Agent Orange, back, injuries, scars, and more, would suffice for a year while you prepared your claim.
      The was I read the info sheet on the new 'Intent to File' (21-0966), it looks like it is good for only your 'next' claim - and going by the VA example, it looks like you have to then file a claim before you can submit another 'Intent to File'.
      This really doesn't make sense, and I would think there was a way to save the date for multiple claims - but in reading the forum it does not appear so, or at least I haven't looked in the right place yet.
      So if possible, how do we file an 'Intent to File' for multiple claims?
  • Ads

  • Our picks

    • Post in New BVA Grants
      While the BVA has some discretion here, often they "chop up claims".  For example, BVA will order SERVICE CONNECTION, and leave it up to the VARO the disability percent and effective date.  

      I hate that its that way.  The board should "render a decision", to include service connection, disability percentage AND effective date, so we dont have to appeal "each" of those issues over then next 15 years on a hamster wheel.  
    • Finally heard back that I received my 100% Overall rating and a 100% PTSD rating Following my long appeal process!

      My question is this, given the fact that my appeal was on the advanced docket and is an “Expedited” appeal, what happens now and how long(ish) is the process from here on out with retro and so forth? I’ve read a million things but nothing with an expedited appeal status.

      Anyone deal with this situation before? My jump is from 50 to 100 over the course of 2 years if that helps some. I only am asking because as happy as I am, I would be much happier to pay some of these bills off!
        • Like
      • 13 replies
    • I told reviewer that I had a bad C&P, and that all I wanted was a fair shake, and she even said, that was what she was all ready viewed for herself. The first C&P don't even  reflect my Treatment in the VA PTSD clinic. In my new C&P I was only asked about symptoms, seeing shit, rituals, nightmares, paying bills and about childhood, but didn't ask about details of it. Just about twenty question, and  nothing about stressor,
    • This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA.

      VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf
      • 12 replies
    • I don’t say thank you enough to all of you...
      You, yes you, are the reason HadIt.com has remained a resource-rich resource. Thousands come each month to read, ask questions, or to feel a sense of community.

      Last month June 2020, we over 50k visitors they viewed over 160k pages. Veterans and their advocates, spouses, children, and friends of veterans come looking for answers. Because we have posts dating back 15 years and articles on the home page, they usually can find an answer or at least get pointed in the right direction.

      You all made that possible. Thank you.
        • Like
      • 8 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • Create New...

Important Information

{terms] and Guidelines