Intent To File (PART 2)

[Fat]

I need to clarify my question.

Do the Intent to File form applies to supplemental claims (claims closed longer than one year)?

All comments are welcomed.

[brokensoldier244th]

They are only for new claims, or original claims. Not for appeals, HLR, or Supplemental claims .

[broncovet]

ITF only makes sense in limited special circumstance cases.  Otherwise, just file a CLAIM not an ITF.  Remember, your VARO is going to sit on your claim for several months waiting in a que, before they do anything, anyway, except maybe try to order some records.  So, even when you file a Claim you have time to gather evidence anyway, without filing an ITF.  

An ITF has lots of ways "to go wrong": 

1.  You can "forget" or get too sick to finish the ITF, then it will be like you never filed after a year.  

2.  You can pass away, and your heirs wont get anything because you didnt file.  An ITF "doesnt count" as filing until you actually file.  

3.  The VARO can mess up the ITF.  Given the VA finds ways to mess up our claims anyway, why give them still more chances to mess it up?  At least one Veteran indicated VA messed up and never gave him the ITF effective date.  

4.  Of course, your representative "can also" mess up the ITF, especially if the Veteran counts on the representative to gather evidence for him, or file before the year deadline.  

5.  Missed deadline.  The post office can mess up and never deliver your claim, and, it can also be messed up by VA's buggy IT system if you file it electronically.  More than one Veteran has had claims "lost" by VA both electronically filed and via snail mail.  

       You can "short circuit" and bypass all these ways to go wrong by not using an ITF and file a CLAIM instead, on the same day you filed the ITF and not lose one day of RETRO.  

       While at least one Veterans advocate would disagree with me on ITF, the only time it would make sense to me to file an ITF would be if you needed an IMO/IME AND you could not get that IMO/IME done in 2 months or less.  In that example, it may be okay to take a chance and file an ITF, but you had better follow up to make sure you or someone else does not mess it up and fail to file within the year.  

       It creates "one MORE deadline" that you have to deal with.  You have a year deadline to "file" the claim after you have already filed the ITF.  Do you know what happens when Vets miss deadlines?  They lose.  The VA doesnt care if you get sick, die, or get put in the hosptial.  You miss the deadline and you lose out.  

[Buck52]

 I  SEE NOTHING WRONG IN FILING A   (ITF) "INTENT TO FILE" A CLAIM (JMO)

Before applying for benefits a veteran or the surviving spouse of a veteran (in either case, the claimant) may wish to establish an Effective Date by using an "Intent to File" form (VBA Form 21-0966). "Intent to File," formerly known as an Informal Claim, can be sent to VA even though a claimant is not yet prepared to apply. This is done to 'lock-in a date' while the claimant is gathering supporting evidence to include in their application. Supporting evidence can take time to gather and may include any of the following:

Military Records

Doctor's Examinations and other Medical Evidence

Marriage and Death Certificates

Banks Statements

Statements from Care Providers

 

Using an "Intent to File" to establish an Effective Date before the claimant has sufficiently prepared his or her application will allow the claimant to receive a larger lump sum retroactive payment than he or she otherwise would have. For instance:

In February, a qualifying 79 year old surviving spouse of a veteran wishes to apply for VA Death Pension but cannot find her husband's DD 214 nor has she scheduled an appointment with her physician to complete the VBA Form 21-2680. Locating the DD 214 and visiting her doctor will likely take her 5 - 8 weeks to accomplish. February is about to end and she does not want to lose the opportunity to establish an effective date. Therefore, she sends an "Intent to File" VBA Form 21-0966 to the VA. Finally, in April, after obtaining the DD 214, visiting her physician, and completing the rest of her application, she files a claim for Death Pension, which is subsequently awarded in November. The VA will begin paying her in December and grant a lump sum retroactive payment for the months of March through November.

In the situation above, had the surviving spouse not submitted VBA Form 21-0966, her Effective Date would have been April rather than February (she would have missed the retroactive payments for the months of March and April). Remember, VA will not make any kind of payment in the month in which the claim, or in this case the "Intent to File", was received.

SPECIFICS OF AN "INTENT TO FILE"

An "Intent to File" is a specific declaration of intent to apply for benefits from the VA. An "Intent to File" can be submitted in one of the following three ways (38 CFR 3.155):

(i) Saved electronic application. When an application otherwise meeting the requirements of this paragraph (b) is electronically initiated and saved in a claims-submission tool within a VA web-based electronic claims application system prior to filing of a complete claim, VA will consider that application to be an intent to file a claim. (ii) Written intent on prescribed intent to file a claim form. The submission to an agency of original jurisdiction of a signed and dated intent to file a claim, on the form prescribed by the Secretary for that purpose, will be accepted as an intent to file a claim. (iii) Oral intent communicated to designated VA personnel and recorded in writing. An oral statement of intent to file a claim will be accepted if it is directed to a VA employee designated to receive such a communication, the VA employee receiving this information follows the provisions set forth in § 3.217(b), and the VA employee documents the date VA received the claimant's intent to file a claim in the claimant's records.

The "Intent to File" is most easily accomplished by completing VBA Form 21-0966. The "Intent to File" must:

…identify the general benefit (e.g., compensation, pension), but need not identify the specific benefit claimed or any medical condition(s) on which the claim is based.

The "Intent" must also list:

The claimant's name (if other than the Veteran)

The Veteran's name

The Veteran's social security #

The Veteran's birth date

 

Once VA receives the "Intent to File" (we recommend by faxing to 844-655-1604), they might respond to the claimant by sending a formal application (VBA Form 21-527EZ or VBA Form 21-534EZ). This form must be completed within one year from the date when the "Intent to File" was submitted. If the claimant does not submit the "Intent to File" by the one-year deadline, the effective date established by the "Intent to File" will no longer be valid.

REMEMBER: Always keep of copy of anything you send to VA and all proof of any transmit ion or mailing (e.g. fax report or certified mail).

SERIOUS ITEMS TO BE AWARE OF

If an individual applying for Pension meets the medical requirement for a rating, is receiving aid and attendance services and can demonstrate having paid at least one month's worth of those services and in addition meets the war service test, and meets the asset test and the income test, you should file an "Intent to File" as soon as possible. This will establish an effective date for back-pay purposes. If they do not meet all of the above, ABSOLUTELY DO NOT FILE an "Intent to File."

Occasionally (much to the chagrin of the claimant) expectations regarding an Effective Date are dashed due to misinformation or a lack of understanding. Below are a few examples of instances where a claimant was expecting retroactive pay back but did not receive what was expected.

EXAMPLE 1: (Bad / Incomplete Information):

An 85 year old single veteran is moving into an assisted living facility and learns that he is eligible for $1,911/month through VA Pension with Aid and Attendance. His savings have vanished and his income will not adequately cover the care costs. Unfortunately, the veteran needs extra money immediately to pay for his care as realizes that VA may take several months to award him the benefit. He is told by the facility that VA will ‘back pay' and subsequently takes out a loan to cover his costs for the months he is waiting for VA to make a decision.

All within the same month, the veteran moves into the facility, takes out a loan, files an "Intent to File", and sends his formal claim to the VA. Four months later, VA awards him the benefit but only grants a retroactive lump sum payment for three months. The three month lump sum payment is not large enough to pay back the loan and now, due to the misinformation given to the veteran regarding the ‘back pay', he is now unable to meet his loan obligation. Had the veteran known that payments for a VA Claim are effective from the first of the month following the month in which the claim (or "Intent to File") was received he could have made a better choice regarding the loan.

On rare occasions, establishing an Effective Date can be detrimental to the success of the application. Below is an example where a claimant filed an "Intent to File" and was disqualified because of it.

EXAMPLE 2 (Too Many Assets):

An 84 year old surviving spouse of a veteran lives in an assisted living facility and wants to apply for Death Pension with the Aid and Attendance Allowance. She has $200,000 in assets. Her attorney tells her to file an "Intent to File" which she does to "lock in a date." While processing her application, VA learns she is over assets and denies her claim. They tell her she has enough assets to pay for her assisted living. She may re-apply once she has spent down to allowable levels and provided VA with an accounting of the spend down.

OF COURSE ITS THE VETERANS CHOICE TO FILE A ITF . ..OR FILE A REGULAR CLAIM

OR CHECK WITH THE  M21-1-PART III subpart ii Chapter 2    Clink the link below for further details of the ITF.

https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000014115/M21-1,-Part-III,-Subpart-ii,-Chapter-2,-Section-C---Informal-Claims-Received-Prior-to-March-24,-2015,-Communication-of-an-Intent-to-File-(ITF),-and-Requests-for-Application

 

 

 

 

 

 

 

[brokensoldier244th]

10 hours ago, broncovet said:

ITF only makes sense in limited special circumstance cases.  Otherwise, just file a CLAIM not an ITF.  Remember, your VARO is going to sit on your claim for several months waiting in a que, before they do anything, anyway, except maybe try to order some records.  So, even when you file a Claim you have time to gather evidence anyway, without filing an ITF.  

An ITF has lots of ways "to go wrong": 

1.  You can "forget" or get too sick to finish the ITF, then it will be like you never filed after a year.  

2.  You can pass away, and your heirs wont get anything because you didnt file.  An ITF "doesnt count" as filing until you actually file.  

3.  The VARO can mess up the ITF.  Given the VA finds ways to mess up our claims anyway, why give them still more chances to mess it up?  At least one Veteran indicated VA messed up and never gave him the ITF effective date.  

4.  Of course, your representative "can also" mess up the ITF, especially if the Veteran counts on the representative to gather evidence for him, or file before the year deadline.  

5.  Missed deadline.  The post office can mess up and never deliver your claim, and, it can also be messed up by VA's buggy IT system if you file it electronically.  More than one Veteran has had claims "lost" by VA both electronically filed and via snail mail.  

       You can "short circuit" and bypass all these ways to go wrong by not using an ITF and file a CLAIM instead, on the same day you filed the ITF and not lose one day of RETRO.  

       While at least one Veterans advocate would disagree with me on ITF, the only time it would make sense to me to file an ITF would be if you needed an IMO/IME AND you could not get that IMO/IME done in 2 months or less.  In that example, it may be okay to take a chance and file an ITF, but you had better follow up to make sure you or someone else does not mess it up and fail to file within the year.  

       It creates "one MORE deadline" that you have to deal with.  You have a year deadline to "file" the claim after you have already filed the ITF.  Do you know what happens when Vets miss deadlines?  They lose.  The VA doesnt care if you get sick, die, or get put in the hosptial.  You miss the deadline and you lose out.  

We don’t “sit on your claim for several months” it gets assigned as soon as it’s scanned in and it’s backdated to the postmark. Usually 2-3 days after it arrives by mail. Online submissions are assigned within 2-3 days as well. It’s not my fault that the non va national record clearing house or the individual services aren’t providing records in a timely manner, and it’s not my fault the president through OPM controls when vamcs are able to open, and it’s not my fault that contractor clinics-private entities- are not open based on local conditions. 

[Buck52]

8 hours ago, brokensoldier244th said:

We don’t “sit on your claim for several months” it gets assigned as soon as it’s scanned in and it’s backdated to the postmark. Usually 2-3 days after it arrives by mail. Online submissions are assigned within 2-3 days as well. It’s not my fault that the non va national record clearing house or the individual services aren’t providing records in a timely manner, and it’s not my fault the president through OPM controls when vamcs are able to open, and it’s not my fault that contractor clinics-private entities- are not open based on local conditions. 

OF COURSE ITS NOT YOUR FAULT brokensoldier 244th

About 6 years ago I filed a ITF via E Benefit's and recieved confirmation the next day  and I would advise a Veteran that chooses to file the ITF TO FILE IT ELECTRONICALLY on E Benefits & follow the instructions and mark his yearly calendar's to the date he needs to file his claim on the 21-526 ez week or two before the deadline is up at the end of the year.and file the claim.

or set his phone or computer to remind him/her of the deadline a week or 2 weeks before the filing deadline of the ITF. (he/she must not forget to file thire claim within 1 year.

I think its good to file the ITF if the veteran don't need the$$ right away and has time to get prepared better before he files his regular claim , it not only gives him a better EED it gives him/her time to prepare the claim , because generally speaking the first time claims are denied or a high percentage of the claims are denied simply because the claimant forgot to add a certain evidence or left out something simple to cause the claim to be denied,and then is in appeals for no telling how long, so in essence it makes sense to file the INT FOR more Time to prepare   (jmo)

Its the Veterans Choice and a Veteran needs to do what is best for him/her &  not knowing the Veterans situation its hard to advise him on this topic of filing a ITF.

(JMO) Just My Opinion on this topic.

[Buck52]

20 hours ago, brokensoldier244th said:

They are only for new claims, or original claims. Not for appeals, HLR, or Supplemental claims .

I agree with this.  ITF is basically to file a new claim, to either start your EED or give you more time to prepare your claim. Although a Veterans EED is set when he first files a claim  the INT gives a years time limit before actually filing for his condition that he is claiming.

**So the ITF are for filing new claims only

This more than likely gives the ( O.P.) ORIGINAL POSTER   his answer.

Edited September 10, 2020 by Buck52