intent to file/EED confusion.

[AllTheWay]

Greetings My Family,

After reading some old post and I am not sure who posted it but it was referring to and earlier effective date. Let me see if I can recalled what the subject was. The Vet had a decision and the EED date of his/her decision letter. Everyone has done a great job by answering the Vets' question. Now make me smart because I am confused.

VSO's always had told me to file an intent to file because it will pay off. Reading some the EED post, not sure if the vets had did an intent to file, but I have always been told that the RO will go by the date of the intent to file and not the date of the decision. Not sure if it is true or not but if it is, why do Vets waste time to file an intent to file. Please feel free to educate me, (Broncovet, Brokensoldier).

[GBArmy]

AllTheWay A little controversial, but I support veterans filing ITF because it can protect your EED. The effective date is either the date the veteran files the claim or, date of findings of fact. The latter would be where the VA determines you have a new diagnosis of a disability for example. I'm not sure where you get the "RO will go by the date of the decision." The award date or decision date is dated on the decision letter. In that letter they declare the effective date of the award, which normally is when a veteran filed their intent to file.  Maybe you are thinking about when you get your monthly comp deposit. It will com e monthly the first of the month.Hope that clears it up.

[AllTheWay]

Great GB.  You cleared it up for me. I am on an appeal for several claims which I had did an ITF. Hopefully if I granted for the appeal, the effective date will be 2017.

I have seen lots of vets that had filed an ITF and their effective date if when the decision was made. They had never challenged it. 

[broncovet]

"If" you are ready to file your claim, FILE THE CLAIM.  

"If" you need to gather additional evidence you "may" file an ITF but it only makes sense "if" it could take "a while" to gather your information.    If it takes you a couple weeks or less to get your information, its unlikely to make a difference.  

This chart may help.  Everything else is the same except:

1.  You file the claim on Nov. 3, 2020.                             2.  You file an ITF on Nov. 3, 2020

                 These will both result in an effective date of NOV. 3, 2020 "provided that" you follow up your ITF with filing the claim within a year.  "If" you file an ITF but fail to file the CLAIM on the ITF, then the claim dies.  

                 Filing an ITF on Nov. 3, 2020 WILL NOT result in an effective date a year previous on Nov. 3, 2019.  

        The ITF gives you "up to a year" to gather information, and keep the ITF date, as "claim date".  

         THE ITF does "NOT" magically give you an "extra year" of retro vs filing a claim on that same date.  

    My advice?   If you have all the information (evidence) file a claim. 

If you dont have it all, and it may take a while, file an ITF.  

[AllTheWay]

Thanks Bronco and I totally agree with you. Overtime I do file a claim, I do an ITF. I also tell everyone to do one as well and then get all their supporting evidence as needed then file the claim. I am seeing a few vets that are not getting their effective date as to the date that they had filed an ITF.

[Buck52]

broncovet quoted

  '' Filing an ITF on Nov. 3, 2020 WILL NOT result in an effective date a year previous on Nov. 3, 2019. '' 

      ''  The ITF gives you "up to a year" to gather information, and keep the ITF date, as "claim date".  

        '' THE ITF does "NOT" magically give you an "extra year" of retro vs filing a claim on that same date''

It makes no sense for a veteran to file a claim and then file an ITF on the same date he/she files their claim...for the same claim!!!

I have to disagree with  You on this broncovet

With All Due Respect

When a Veteran files the I.T.F.   The date the VA Receives it should be or actually is the Veterans EED  providing its the only claim he/she files. but there's no limits on how many I.T.F. VETERANS CAN FILE BUT THEY NEED TO MAKE SURE TO FILE THEM SEPARATELY  IF SEPARATE CLAIMS!!

FILING AN I.T.F. ON Nov3 2019 and VET submits the claim within 1 year after filing the INT  (make sure to file the CLAIM before the year is up in the I.T.F.      SAY he/she files the claim on the ITF Oct 20th 2020   and it takes a year to be approve  the veteran gets that year and the 11 1/2 months earlier  for filing the ITF.

The ITF gives the Veteran more time to request  his/her C-file and any inservice records and medical records to help substantiate their claim and assures the Veterans the EED on the date the VA Received it..the VA Should send the Veteran the confirmation # to let the Veteran know the VA Received it and that is the Veterans EED on that particular Claim

We have different opinions on this but This is how they handled my PTSD Claim back in 2015, my EED WAS THE DATE THE VA RECEIVE MY I.T.F.

 

I THINK THE  I.T.F.   IS VERY HELPFUL FOR THE VETERANS  ESPECIALLY THE ONES THAT NEED THE TIME TO GATHER THEIR EVIDENCE.

[Buck52]

Better way to explain this is (providing the Veteran submits his/.her claim with in the I.T.F. Deadline   before the year is up   or 12 months OR LESS prior to actually filing the claim.)....so if it takes the VA 12 MONTHS/YEAR TO APPROVE THE CLAIM HE FILED ON THE I.T.F. 12 months earlier /OR 11 MONTHS AND 28 DAYS OR SO  that's almost 2 years of retro.

 

Now I agree with you if a Veteran files an  I.T.F. ON  Nov 3rd 2019   and files the claim for the I.T.F. ON Nov 3rd 2019 AND IT TAKES THE VA A YEAR TO APPROVE THIS CLAIM    yes only a years retro  because they will not file the I.T.F.  if the veteran files the claim on the I.T.F.  The Same day, the VA will hold the I.T.F. FOR 12 MONTHS AND THEN CLOSE IT OUT COMPLETELY.

This is why a Veteran must inform the VA he intends to file a claim using the I.T.F. APPLICATION  AND THEN FILE THE ACTUAL CLAIM BEFORE A YEAR IS UP   SAY 11 MONTHS AND 25/26/27/28  DAYS  TO ALLOW THE MAIL TO GET TO THE VA IN TIME   OR SIMPLY SUBMIT IT ON EBENEFITS AND AWAIT THE CONFIRMATION# FROM THE VA   if the Veteran don't receive the confirmation #  in a day or two  the Veteran needs to call the 1-800# or call his/her Regional Office and ask why no confirmation #?

It's pretty simple.