Intent to File

Pyro

Pyro

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PEB Forum Veteran
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I submitted an intent to file last September before I got the ball rolling for my claim. In the last 4 months, I was finally submitted to the IDES process for my condition. It will be disqualifying and I do have an LOD for the condition. I was scheduled for 1 C&P exam this Friday, however, I finally met with an MSC for the IDES process. He had the C&P cancelled and rescheduled me an IDES C&P, and it happens to be on the same day. More accurately, the IDES C&P exam is 3 exams, whereas the original C&P was only one. So my question:

Does this eliminate or erase my Intent to File? That would be ALOT of back pay due to being 100% disabled. I haven't seen movement on eBenefits yet.
 
Anyone? I noticed on eBennies today my intent to file is gone, it has been about a year.
 
Pyro said:
He had the C&P cancelled and rescheduled me an IDES C&P, and it happens to be on the same day. More accurately, the IDES C&P exam is 3 exams, whereas the original C&P was only one. So my question:

Does this eliminate or erase my Intent to File? That would be ALOT of back pay due to being 100% disabled. I haven't seen movement on eBenefits yet.
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Did you ever file a "follow up" VA Form 21-526EZ, Application for Disability Compensation and Related Compensation Benefits? I think the answer to this would determine the effective date. If you filed this, I would argue you should get the effective date of the ITF. If not, I suspect that at least initially (and perhaps finally) you will have an effective date as of the day after your separation/retirement from the military.
 
I think so, but I'm still within the 1 year of filing my intent to file, so could I?
 
Pyro said:
I think so, but I'm still within the 1 year of filing my intent to file, so could I?
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If you are within the 1 year window, you should be able to file. If so, I would highly suggest doing so to keep your case/argument viable. Do not wait. File as soon as possible (as in, stop whatever else you are doing and get on this...the compensation difference could be quite large).
 
As a further note, my original case is still on benefits (the one I filed before the IDES process), and when the IDES took over it opened a second one. So I still show both in ebenefits. I will upload it today.

Disregard, I looked at the form and I did one as part of the IDES process, should be good?
 
Did you ever get brought back on to orders? Your timeline shows MEDCON. If you are on orders and do not have your DD-214 after 12 months, your intent to file claim will be closed.

I was in a similar situation when I was sent to the WTU. I was coming to the end of my orders, and had gone through the out processing briefings in which a 10-10EZ and a 21-562 were completed for me by a VSO.

C&P exams were scheduled for it at my home of record and I flew home to complete them. Because this was not a IDES claim, I needed to to submit a DD-214. When I could not because I was on orders, the claim was closed.

About a year later, after going through the rehabilitative process (the Army wanted to return me to duty) I was entered into the IDES MEB/PEB.
 
C&P complete, awaiting decision, intent to file back in records. VSO says I'm good to go because my claim was in before the year. Active duty DD-214 on file, but not the latest. Worried the intent to file points at the VA claim, not the IDES claim. I have contacted the VA as well, I still have about 1.5 weeks until the intent to file hits 1 year. Is this enough info to inquire to the group I am OK?

You will all save me about 36K, a little mole I have tells me I will be 100%, minus my damn VSP.
 
Pyro said:
Worried the intent to file points at the VA claim, not the IDES claim. I have contacted the VA as well, I still have about 1.5 weeks until the intent to file hits 1 year. Is this enough info to inquire to the group I am OK?
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Are you tracking that the Intent to File essentially "holds open" your claim for a year, then you have to make the actual claim?

The "interplay/interface" with the IDES system is an unusual twist to the normal situation. So, let me play devil's advocate. Yes, it may be that the VOS and/or your PEBLO may say, "hey, don't worry, your claim is being processed via IDES." But, given the stakes, I would not trust this.

If I were in your shoes/boots, I would go ahead and file a VA Form 21-526EZ, Application for Disability Compensation and Related Compensation Benefits anyway. Yes, this may be disregarding the assurances you are getting now. But, if they are all wrong AND you actually file the form, even if they ignore/administratively close that claim, you have solid legal grounds to claim the earlier (almost a year ago) date of entitlement. Otherwise, if they don't do the right thing, they will be able to say, "so sad, too bad, you did not complete or perfect your claim in enough time, so while, yes, you get the IDES results, you do not get the earlier date of entitlement." I don't see a down side to submitting the form (even if it is duplicative of the current IDES based VA claims). I see a very important potential upside to doing so.

I would file ASAP.

Pyro said:
You will all save me about 36K, a little mole I have tells me I will be 100%, minus my damn VSP.
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Hope this pans out that way for you!!

Best of luck!
 
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