Va Intent To File Effective Date

Many veterans believe that because their current disability is directly caused by an in-service event or occurrence the effective date of their disability claim should be the day after they leave the service.

Va intent to file effective date. When determining the date of claim and its relationship to the proper effective date for assignment consider the date of receipt of a complete claim as well as a related intent to file ITF or incomplete claim filed within a year prior to the date of receipt of the complete claim. The rule in general for effective dates is that the effective date of a claim is the date the claim was filed. After opening your intent to file it is critical that you understand when your back pay will be calculated from. Keep in mind though the final application for benefits must be received within one year of your intent to file submission or your Intent to file cancels out.

The VA does not award partial months for backpay so an effective date of 91019 means pay starts Oct 1 2019 going forward. In most cases you determine your effective date based on when the Department of Veterans Affairs VA received your application for benefits. 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 3217b and the VA employee documents the date VA received the claimants intent to file a claim in the claimants records. Intent to File Preserves the Effective Date of a Potential Claim.

Disability benefits will be due to you from the first day of the month following the month of the effective date. When to use this form Use VA Form 21-0966 if youre still gathering information to support your claim and want to start the filing process. When the United States Department of Veterans Affairs authorizes disability compensation to a veteran they assign an effective date to the claim. The effective date for disability compensation benefits is usually the date the Department of Veterans Affairs VA received your application.

Submitting an intent to file can secure the earliest possible effective date for any retroactive payments you may be eligible to receive. In this case VA will consider an effective date of April 1 2015 the date we received the. In such cases the VA is supposed to treat the date they received the claim as the date they received the intent to file. You will have up to one year from the date VA receives your intent to file to submit a formal claim.

One of the most contested issues in VA disability claims revolves around the effective date of a disability. Three Ways to Set an Effective Date The first way is to fill out the Intent to File form and mail it to the VA. The effective date works to your advantage because whenever you do get your self organized and actually file your VA claim. When determining the date of claim and its relationship to the proper effective date for assignment consider the date of receipt of a complete claim as well as a related intent to file ITF or incomplete claim filed within a year prior to the date of receipt of the complete claim.

For instance if you applied for veterans disability on January 13 2017 and the VA received your application on January 18 2017 that is your effective date. For any benefits awarded as a result of the August 1 2015 application. By establishing the effective date your claim is effective retroactive to the VA receipt date of the Intent to File. VA will also consider an effective of October 1 2015 for any benefits awarded as a result of the January 1 2016 application.

Disability benefits will be due to you from the first day of the month following the month of the effective date. This means entitlement to an earlier effective date and more retroactive pay. The effective date is when you will start receiving your VA disability compensation. The requested information is considered relevant and necessary to determine the appropriate application and provide it to the claimant.

For example if the VA receives a valid intent to file on January 1 2020 and the completed application on July 31 2020 the VA will consider January 1 2020 as the completed application date. You can submit subsequent applications for compensation if new evidence arises. For example a veteran files a VA Form 21-0966 on July 1 2015 and then files a formal claim on the VA Form 21-526 on April 1 2016. VA will not deny an individual benefits for refusing to provide his or her SSN unless the disclosure of the SSN is required by Federal Statute of law in effect prior to January 1 1975 and still in effect.

If your effective date is October the first month you will accrue VA compensation is 1-30 November which would have been paid on 1 December if done in real time. Your intent to file just needs to be filed within one year of. If a veteran files an intent to file form or previously had filed an informal claim and then they submit a formal claim on a VA Form 21-526 within a year the effective date assigned would be the date of the intent to file.