Intent to File extension due to COVID?

[mb76]

If a vet submitted an Intent to File during the pandemic can he get an extension? If so, how would he do that?

[brokensoldier244th]

No, but if you submit your claim its dated either by the postmark, or 29FEB2020, and you can still add evidence to it throughout. (VA Letter 20-02)

It's better to file and add evidence rather than sit on an intent to file date anyway, especially due to this letter (above). You can submit a claim without even having evidence to submit if you file a Fully Developed Claim (meaning that you provide all the info up front, 21-4142/4142a so we can get private records, etc). We search federal databases for STRs and personnel records and VAMC anyway, so if all your evidence was contained in there- you have a fully developed claim. If you have private treatment then the 21-4142/4142a is where you note those providers and give us permission to get those records. If we have to send you the forms later to request that information you d claim is no longer "Fully Developed" but it doesn't really change how your claim is handled, other than potentially speed. 

 

If you submit a claim for benefits that isn't FDC the same rules apply, so you see, there isn't really any difference and right not there isn't really a reason to do an Intent to File when you can just file the claim anyway and build it as you go. Per the above letter you can ask for extensions for providing evidence and responses to VA letters, also. I see them all the time and have for the last year +. 

[mb76]

7 minutes ago, brokensoldier244th said:

No, but if you submit your claim its dated either by the postmark, or 29FEB2020, and you can still add evidence to it throughout. (VA Letter 20-02)

Would you please explain this more? I don't understand.

[brokensoldier244th]

Because of covid the date of claim is either the date it was uploaded by your VSO, the postmark on the envelope that you mailed, or, in absence of an identifiable postmark the date is 20FEB2020 until the President ends the covid national emergency. Google VA letter 20-02. There is also a separate guidance letter about granting extensions, link below. 

https://www.federalregister.gov/documents/2020/08/27/2020-18839/disruption-of-mail-service  (Federal Register version of VA Letter 20-02 regarding postmark acceptance)

https://docs.google.com/viewer?url=https%3A%2F%2Fwww.veteranslawblog.org%2Fwp-content%2Fuploads%2F2020%2F09%2FCOVID-Extensions.pdf (guidance letter about extensions)

You can file a claim with no evidence and send in stuff as you go up to the decision date- every time you upload something it triggers the claim to get re-routed to someone to look at. 

Edited July 24, 2021 by brokensoldier244th

[Berta]

Thank you for that Important info-

Here in NY the Stay at home started on March 26th 2020  I believe , and is starting to lift but then again there are many unvaccinated people in my county-still getting COVID, per County Health web site ( only 43% who should,  have been vaccinated)and I am sure that the local Vet reps had a hard time even filing claims because of the virus.

Many of us could not get an appointment until March and April 2021 to get the vaccine.

Us seniors found it stressful to even go to a food market and my two annual DR. appointment  were changed.

I wish I knew this info sooner----thank you very much.

[brokensoldier244th]

All the vet reps knew this information *shrug*, most of them were working from home just like us. They should have been putting it out there. 

The exam vendors were automatically rescheduling appointments repeatedly up until around March of this year when they finally stopped due to non response from veterans or several no shows- in some instances I counted over 10 attempts to contact a veteran overs few months in order to reschedule an appointment that were ignored, because the vendors send us Contact attempts reports before they stop trying. 

I then created a couple letters that I would send to veterans alerting them to the importance of contacting to reschedule after the vendors finally quit. I’m still contacting some of the same people that don’t respond to me

The last 4 weeks my RO has had overtime available on weekends for volunteers (us) to call veterans to ask if they still want exams. Many of those are ignored, too.

In some cases it’s not the vendors, vsos,  or va that dropped the ball on communication and it’s frustrating.