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.

[Buck52]

10 hours ago, broncovet said:

No, its not his fault, its my fault.  I posted that VA employees "sit" on the claim for 2 months.  More accurately, the claims go into a NWQ (national work que) and wait their turn.  From a Vets standpoint, however, relative to ITF, while that claim is "waiting its turn" in the NWQ, a Veteran can submit new, relative evidence with no penalty.  

If you go to Cracker Barrel, waiting on Breakfast, sometimes there is a long line.  (like the long line at VA, waiting on processing in the NWQ).  

Its not illegal to do "something else" while waiting in that long line.  At Cracker Barrel, you can call nearby resteraunts to see if their wait is shorter, for example, on your cell phone in the car.   You could also make business or personal calls, or even call a hospital you visited years ago, and ask them to mail your records.  

At VA, if you file a claim, while the claim is "waiting its turn" you can be ordering more records, if necessary, or gathering new evidence, while waiting on your turn.  

YOUR place "in line" after you file is held by the date you filed.  So you can order new evidence while waiting in line.  Or, you can file an ITF and suffer through some risks...such as:

1.  VA loses your ITF.  If they do, it wont be the first document of evidence they lost. 

2.  VA "forgets" the ITF and awards benefits at a different date.  You need to appeal or CUE.  

3.  VA "messes up" your ITF..and they have creative ways of messing up stuff.  If stuff was never messed up, we would have no need for BVA or CAVC..it would just be right the first time.  

4.  YOU mess up.  You file an ITF, then fail to file the claim within a year.  

5.  You file an ITF, get sick, or even die, and can not follow up with the required claim.

    In the above 5 senarios, guess who bears the burden here?  The Veteran.  He has to appeal.  In some cases, when the Veteran dies, his family may not be able to file the claim in his behalf, if they even know they must do that.  

broncovet   WITH ALL DUE RESPECT, TO YOU, I filed an ITF and never had any of theses problems you mention above, not saying they can't happen ,but the Veteran is sent INSTRUCTIONS on how to file the ITF, IF he/she is not sent the ITF Instructions  then they can look up the ITF Criteria them self  he/she can  read  it AND IT IS CLEARLY MENTION ABOUT THE 1 YEAR DEAD LINE  ..However if a Veteran forgets to file the ITF And loses his place in line or even if he has a VSO file for him  and they both forget to file it within the years limit  then That's on them.  Now if the Veteran Dies God For bid , that's a whole new chapter hopefully his next of kin can complete the ITF or at this point maybe file the regular claim or get advised by a VSO or Attorney or someone with DIC experience such as Ms Berta    to help them with this deceases Veterans claim or claims.

We need to think Positive for these new veterans and not be so negative or accuse the VA of just sitting on their claim.

You Made it Obvious you do not like the ITF...WE GET THAT.