What order to file (new claim and supplemental claim)

[Wooderson]

I am planning on filing for a few disabilities in the next few months (once I have actually go my exact medical diagnosis). Anyway, I was denied for TMJ (with Bruxism) and tinnitus. When I did the initial claims I was VERY underprepared on how to file a successful case and was denied service connection. The two items were initially run a direct service connection. I let more than a year go by without appealing, hence the supplemental claim. I will attempt to do the supplemental claim and request reopening for the TMJ secondary to PTSD and submit new evidence regarding service connection for the tinnitus. 

Question is should I wait until a decision is made on my new case that I am filing before I try and do a supplement on the old case? Thanks.

[Buck52]

 Can you post a redacted copy of your denial? black out name  and claim # personal information , maybe some members here can help you with that claim also?

''On New Claims'' 

If it was me I'd file an ITF (Intent to file)  as long as you remember to file within the 1st year and not one day less.

Use VA Form 21-0966 if you're still gathering information to support your claim, and want to start the filing process. Submitting an intent to file can secure the earliest possible effective date for any retroactive payments you may be eligible to receive

]or if you think you can get all your evidence in in time when you do file go ahead and file for them  sooner the better  but make sure you have your evidence.. & .all you need to win this.

Filing  the INT all you need to do for that is just let the VA know you plan on filing a disability claim within the next 12 months  once you file your claim  ever how long it takes them to make a decision after you file the original claim or claims  your EED starts when you file the INT.as long as you file your claim before 12 months is up  so mark your calendar /.computer reminder  maybe file it at least with in a week to 2 weeks before the year is up.  YOU CAN FILE ANY TIME WITHIN THE YEAR, BUT IF YOU DON'T NEED THE $$ TO SOON  I'D HOLD OFF ON FILING AT LEAST FOR 10 MONTHS OR SO  BUT THAT IS YOUR CHOICE  IF YOU WIN THIS  YOU GET THAT MUCH RETRO BACK,,,BACK TO YOUR  ( Intent to file date). (JMO)

Edited December 7, 2020 by Buck52

[broncovet]

It depends on if you need money or not.  If you dont need the money wait for a year, 10 years, or even file never.  

However, if you need the money, your filing date is directly related to your effective date which is related to your retro.  So sooner is better than later. 

You can calculate how much it costs you by delaying.  If you get to 100 percent, then multiply about $3000 times the number of months you delay.

Question:  How many months of 3000 per month can you afford to delay?  

For me, the answer is "0", and that is why I recommend filing ASAP.  

I have never met "one" person who regretted filing early.  However, I delayed filing, and wound up losing my home because I did not understand that it would take VA years and years to process my application and pay me.  

If you get your application to VA by the last day of December, then, if approved, your compensation can begin Jan. 1.  Otherwise, it will be Feb. 1 or later.  

Edited December 7, 2020 by broncovet

[USMC_VET]

With a Supplemental Claim you need to file as soon as possible.

The date its received is the date the retro clock starts, however whats most important is to have all the evidence you need when you do file it, so my advice is file as soon as you have everything you need.

Also remember that the effective date starts the following month so if you file December 1,2,15 or 30 the date is 1/1/2021. so you have over three weeks to get it in.  I would make sure you send it before the christmas rush so its received before Jan 1.  And with ALL claim stuff make sure that you always send evidence, claims, etc both CERTIFIED with return receipt.  THis shows not only that you sent it by X date but the VA actually received it, in case they try to pull shenanigans and say they never got A,B or C evidence.

With all my claims I always create a cover sheet listing every piece of paper that i include in the claim.  I have it all numbered and on this cover page i give a synopsis of the evidence and what it contains as pertaining to the claim along with the total amount of pages in each piece of evidence so that i can see in a later C file request if all the evidence was uploaded/considered.  This way if a key piece of evidence is missing from the file and was likely the reason i was denied i have a good case on appeal that i can point to the fact i numbered all the pages and that you can see pages 1-42 & 46-105 in my c file but 43-45 are missing and never uplaoded, etc etc.

I also shotgun my claims and both upload on va.gov as well as send via fax and certified mail.

 

Your new claim.... once you START the process online it creates a INTENT TO FILE that saves your retro date and you have one year to file with that ITF.  go and just start it now to get that ITF started and then you can finish it 1,2,11 months from now and hold your date.  If you do finish that new claim soon they may combine the supplemental and new claim together, but i doubt it.