The package sat in the mailbox at Janesville...

[CapnHaddock]

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?     

[GBArmy]

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.

[Buck52]

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

Note*

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 July 26, 2020 by Buck52

[CapnHaddock]

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).

[GBArmy]

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.

[CapnHaddock]

GB and Buck - Thank you - that one comment "is the juice worth the squeeze" is what was bothering me all along.  It is not.  I am fairly well beat up however I do not think it is worth the effort and COVID exposure to go back through exams again if they force the issue.  I needed a sounding board and this helped.  I am going to let sleeping dogs lie.  As for secondary submissions on already granted disabilities - I will just keep them in ready reserve if ever needed or until I cannot physically work anymore.

My experience with the VA (other than my own problem with the ITF and date) has been very positive to date.

[Buck52]

CapnHaddock

You should at least try to get the ITF Back pay , the reason for the ITF To expire is a good reason (waiting at the claims center post office )so it actually was there  they just didn't get it and read it  before the date expired and only one day   they more than likely will  approve your ITF Back pay. ...>go for it.