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Intent To File

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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.

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ITF are date scanned electronically and trigger an automatic entry into the record by form number at the bottom, if sent physically, and logged instantly if they are sent through ebenefits

 

ITF if there first thing we're are required to  check when receiving a new claim. Since I started in April ive worked about 1200 cases. I've found 2 in that 1200 with missed ITF, and those were appeals with other issues that had been bouncing back and forth for some years pre-nehmer before everything scanner related was upgraded. 

That's .16% error.  The rest were either time-stamped by ebenefits or by the electronic OCR scanners used by Central intake. These are not your mom's scanners. They do text/handwriting analysis and are pretty damn accurate- they are the same type of scanners used when hospitals scan in paper records by the truck load for a conversion.

I've seen some of the programming behind these courtesy of a friend that used too program them, too, and it's way more complex than what most people think of when they think"scanner".

 

It's a Small sample, but, still live numbers for you to work with. I'm a little bit slower in working cases than others with more experience, too. 

Edited by brokensoldier244th
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If you have ALL of your evidence (medical records, buddy statements, forms, etc) ready then you can file a completed claim. There would be no need for you to file an ITF.

If you know it will take time for you to obtain your c-file, medical records, etc that will help you with your claim and want to lock in your effective, it makes sense to file an ITF. This way you will have an entire year to obtain all of your evidence and finish filing a claim. I see no downside in doing this at all as I have filed an ITF before with zero issues. It’s just like anything else with VA claims - make sure you confirm that your ITF has been received. If you do it online, you get immediate confirmation. If you decide to mail or fax it in, it will take time to get confirmation. 

It is bad advice to tell a veteran to NEVER take advantage of options available. 

Edited by deedub75
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Buck posted:

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he would not get the same effective date.  the veteran that files the ITF would get a year extra as his effective date by filing the ITF.

No.  This is incorrect.  The ITF "does not give you an extra year".  The ITF becomes the file date "if" (and only if) the Veteran files "within a year".  If I filed on March 1, 2020, and you filed an ITF on March 1, 2020, we would get the same effective date, if awarded , "but only" if you filed before March 1, 2021.    The ITF "does not" get an extra year.  That is a myth.  

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At this point we're arguing semantics. Some veterans need times to gather non federal evidence. Some don't, let's leave it at that.  ITF gives them that time. When I was diagnosed with depression, and again with OSA I ITF'd both times so that I could preserve the date of DX while giving me time to build up more records in CAPRI. (vamc medical records system).

 

I know they are supposed to go back to dx date, but after having looked at actual veteran medical files and hand written STRs it's not always easy or concrete too find 'the' date, especially when strs are transferred and then reimported by a new military treatment facility or civilian provider. 

Edited by brokensoldier244th
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Well I mention I was not going to agure about the ITF   VETERANS Are free to choose which way the want to file It's their choice.

Here is what the ITF was Intended For.

The Intent to File for a VA compensation claim lets VA know that you are planning to file a claim, and it locks in your “backpay” date. You then have one year to complete your claim application.

so after your year is up and you file your claim within the dead line on the ITF  and it takes a year for the VA to decide your claim and is approved, then the veteran will receive 2 years retro if he filed his ITF on time.  or 23months and 3 weeks   if he files the claim one week short of the ITF Dead line for that year.

About the only way  two veterans can receive the same retro filing at the same time/date

  is the veteran that files without using the ITF and it takes the VA 2 years for a decision  and the ITF Veteran that files the ITF and is on time filing his claim within that 1 year dead line and the VA takes a year for a decision  then they both Would get about the same retro give or take a few days.

 

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An ITF has a purpose. It basically took the place of an informal claim. Back in the day when we could still file informal claims, you could write a letter on a piece of paper stating that you wanted to file a claim for a knee injury but you needed time to gather all of your medical records. The date the VA received that piece of paper preserved your effective date until you could gather the evidence for your knee injury and get it sent in.  

 

 

 

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