Intent To File

[Fat]

In 2012, I  was denied for left knee laxity as a secondary condition to left knee arthritis.

 

I recently came across medical documentation in my file regarding two complaints/incidents of a loose knee while on active duty.

 

I know to get a previous denial opened you would need a supplemental claim form; however can I file left knee laxity on a direct service basis with intent to file?

 

Or do I have to go back through the denied secondary connection route with a supplemental claim?

 

All answers are welcomed.

[brokensoldier244th]

if you are filing again on a direct basis with evidence saying such that wasn't part of the original decision you should be fine to file it as its own contention. I can't quote reg on it, and im a bit overwhelmed with work today, but I did ping it off of an RVSR trainer to ask what they thought because I have seen a few like yours but the other direction, so I figured Id ask for myself and you too. 

 

[blahsaysme2u]

Im going through same thing you are right now for injuries to my left leg. i submitted as supplemental through my vso and i am pretty sure i still did an intent to file with them to start the claim. 

[broncovet]

File the claim, dont mess with ITF.  ITF reminds me of calling McDonalds to tell them you plan to visit next year.  

The worst part of ITF is it adds "one more step" along with more ways to get it wrong.  Of course, the favorite method of "getting it wrong" with ITF is they forget about ITF and you have to appeal it.  Vets have reported this is exactly what they did.  

If you simply file the claim, then realize you just pushed the time clock.  So you need to act fast and get all the available information, and send it in.  

If you file an ITF, then you know you have "up to a year" to delay trying to get that evidence.  Remember, you are delaying YOUR check.  

[blahsaysme2u]

5 hours ago, broncovet said:

  ITF reminds me of calling McDonalds to tell them you plan to visit next year.  

LOVE IT!

[brokensoldier244th]

and if you don't file a fully complete claim, and we accept what you have sent along with whatever we go find federal (that you tell us to look for) then the claim can be decided. A month later when you come across new evidence, or get more recent medical evidence from VAMC visits, or whatever, it may not be included in the claim. ITF gives you the leeway to have that extra time. Only you know if your claim is fully complete or not. I filed a fully complete claim for SA some years ago, and then had more favorable evidence from more VAMC visits come in a few months after that I couldn't include because in the mean time the claim decision had already been done. *shrug*. 

[Buck52]

15 hours ago, broncovet said:

File the claim, dont mess with ITF.  ITF reminds me of calling McDonalds to tell them you plan to visit next year.  

The worst part of ITF is it adds "one more step" along with more ways to get it wrong.  Of course, the favorite method of "getting it wrong" with ITF is they forget about ITF and you have to appeal it.  Vets have reported this is exactly what they did.  

If you simply file the claim, then realize you just pushed the time clock.  So you need to act fast and get all the available information, and send it in.  

If you file an ITF, then you know you have "up to a year" to delay trying to get that evidence.  Remember, you are delaying YOUR check.  

This don't make a lick of sense?

''If you file an ITF, then you know you have "up to a year" to delay trying to get that evidence.  Remember, you are delaying YOUR check.''  

, because by delaying your claim for a year gives more time to gather evidence & your check only gets bigger.

 I  will say it's the Veteran Choice to file the ITF.

Filing a ITF on E-benefits &  if they(va) forgets about the claim that's more evidence for the Veteran if or in case they have to Appeal (always make copies  its your evidence either way you file) and keep everything the VA Sends you even the postmark dated envelopes.

If a Veteran files the ITF and forgets to file his claim within a year  then that is on the Veteran and he basically wasted a year. 

but if he files the ITF Correctly  then the clock starts as soon as he/she files the ITF, VA receives it  that gives him an extra year per say to gather evidence  and when he files his claim before the 12 months is up the VA will look at his claim and send a confirmation that they recieved the ITF AND REMIND THE VETERAN AGAIN ABOUT THE 12 MONTH LIMIT ON FILING THE ITF and request any other information they may need to adjudicate the claim after they recieve the ITF

I personally do not see why a Veteran would be wasting his/her time to file the ITF?  Now if they don't file their claim within a year exactly a year or less  then yes they wasted a year then the VA will start their claim as the current date.

Like I mention before filing an ITF gives the Veteran a free years  worth of retro and help give time to perfect his claim, if he don't have all the information he needs after filing the claim within a year   the VA will ask him/her  because they still have the duty to assist even filing a ITF

'' what we need from you''

However the veteran has this choice  he /she can file the claim without the ITF or he/she can file the claim with the ITF and receives a year of free retro  if the Veteran correctly files.

As for as filing the ITF  its a good Ideal to request the C-file before filing the ITF AND ALSO REQUEST MEDICAL RECORDS AND IN SERVICE RECORDS 6 MONTHS PRIOR TO FILING THE ITF,,,BUT IT MAY NOT BE NECESSARY IF THE VETERAN AS ALL OF THIS BEFORE FILING THE ITF

IT'S THE VETERAN CHOICE TO FILE THE ITF  HE CAN FILE IT AND GET A EXTRA YEARS RETO  OR HE CAN FILE IT AND HOPE THEY ADJUDICATE THE CLAIM WITHIN THE YEAR AND IF THEY DO AND THE VETERAN WINS  THEN HE ONLY GETS THE TIME IT TOOK THE VA TO ADJUDICATE THE CLAIM AND THAT CAN BE LESS THAT A YEAR AND NOT MUCH RETRO .

THE ITF ASSURES THE VETERAN OF A YEARS WORTH OF RETRO.

WHEN HE FILES IT CORRECTLY.  (BEFORE THE YEAR TIME LIMIT TO FILE IT)

That was my reason alone for filing the ITF.

BUT I REQUESTED MY C-FILE AND MEDICAL RECORDS I NEEDED BEFORE FILING THE ITF  BUT A VETERAN MAY NOT NEED TO DO THAT IF HE HAS EVERYTHING HE NEEDS AS FOR AS  THE EVIDENCE NEEDED TO WIN HIS CLAIM.

Edited September 5, 2020 by Buck52