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.

[broncovet]

Buck posted:

Quote

I FILED TWO ITF's AND THEY BOTH WORKED OUT WELL FOR ME.

Well, then how come your effective dates are so messed up?  You have said so yourself, multiple times.  Ok, ok, maybe your effective dates messed up has nothing to do with ITF.  Or does it?  All we know is they are messed up, not why.  If we knew why your effective dates are messed up, maybe they could be fixed.  

I will reiterate:  I wont be recommending an ITF unless there are special circumstances and a compelling reason.  

For example, if you dont have a nexus, and plan to get one, then the ITF  may be ok as it "could" take longer to get the nexus and your claim could already be denied if you filed it without a nexus.  The problem with that is, most new claimants (who would be filing an ITF) dont know the difference between a Nexus and a Hyandai.  

If you are an experienced claim filer, you probably already have your records, so the ITF is not needed.  It just delays your check.  

Unless there is an objection, Im gonna close this post.  

[Buck52]

Quote from broncovet

''Well, then how come your effective dates are so messed up''

My reply

These claims that have the wrong EED were back in 2002/2003 I had  first filed in 1998,I Never knew about the ITF back in those days

The claims I filed the ITF were PTSD and E.D Back in 2014, I needed more time to get my C-file and gather up more evidence and tried to reach a buddy for a buddy letter  but Unfortunately  found out from his spouse he had passed away years ago  from Diabetes  from back in our Vietnam days, Thank God he was service connected for that.

As for as my effective dates I honestly think the DRO added the wrong dates  or made the error (typo error?) when he wrote out his rating sheet and was confused when he did that  but its my word against his and I am fairly sure if its proven to be a typo error  then that will go the VA way  and I am just beat out of the correct retro.

I have checked with some very experience attorney's and Claims Agents  and all mention the typo error  and if VA Proves the typo error  then it is in there favor.  and if so  it could open up a complete review of my file to check for other errors that could possibly go the VA Way.

But that was just their thinking &free advice from the information I gave them until they get to see MY C-FILE AND LOOK INTO THE VBMS to make a judgement call.

Yes I agree we really need to close out this post.

[brokensoldier244th]

12 hours ago, deedub75 said:

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.  

 

 

 

The good old days, when you could file on a cocktail napkin......

[deedub75]

12 minutes ago, brokensoldier244th said:

The good old days, when you could file on a cocktail napkin......

Exactly! I was working there then. 

[brokensoldier244th]

I still find them while visually scanning through Vet files when im working claims, along with 5 different kinds of DD214, etc. I work partially through pattern recognition due to ADHD, among other things. It made me a great programmer because I could scroll through a program and find errors because lines of code didn't 'look' right. Its a lot harder where I am now just because of all the various forms and their many iterations.