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Do You Need to File a VA Intent to File?

Do You Need to File a VA Intent to File?

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The VA disability claim process can be long and frustrating. We have all heard horror stories from our fellow veterans about the long wait times, red tape, denials and appeals surrounding the process. Fortunately, you can learn from each other’s experiences and follow some best practices to help set yourself up for success to get your claim approved and money in your pocket as soon as possible.

One of those best practices is the VA Intent to File. What is a VA Intent to File? Simply put, it is a notification to the VA that you plan on submitting a claim. By entering some basic data, you can complete an Intent to File in just a 1-2 minutes. After submitting the Intent to File, you’ll have one year to gather all your evidence and complete a formal application.

The importance of the Intent to File is that it locks in an effective date for benefits, which the VA will use to calculate how much back pay is owed to you should your claim be approved. With current processing times hovering around 125 days, you can see how back pay could add up from the time you submit an Intent to File and the time your claim gets approved!

 

 

How does a VA Intent to File work?

As mentioned above, the Intent to File serves as a notification to the VA that you plan on submitting a disability claim when it is ready. Think of it as drawing a starting line in the race and saying, “here’s where my claims route begins.”

Next, you’ll complete all the necessary steps in the process: gathering medical documents, gathering personnel, getting buddy letters. It may take you a while to get it all together.

The good news is the Intent to File is holding that effective date for 1 year while you take the time to put together the most detailed claim you can, making sure that it gets approved the first time. Even if you take the entire year to prepare, that’s a year of back pay you’ll get if your claim is approved.

Please be aware, you are not required to submit an Intent to File. If you happen to have all the documents and information you need and are ready to submit your claim in a day, you can do that. But most often, claimants will need some time to find medical documents, military orders, and other vital forms to fill out their claim correctly. The Intent to File gives you some peace of mind to get organized and carefully complete the disability claim application.  

 

 

How to submit a VA Intent to File

Submitting a VA Intent to File is probably one of the easiest things you’ll do in the disability claims process. Technically, you don’t have to submit anything if you file your claim online through the VA’s website. When you begin an online application for VA disability compensation, an Intent to File automatically generates, notifying the VA through the online system.

If you don’t want to submit your Intent to File online, you can fill out a VA Form 21-0966 and submit it through the mail, fax, or in person at your VA regional office. You can even call a VA representative at 1-800-827-1000 and tell them you want to file an “Intent to File.” There are multiple methods available to fit a range of veterans’ needs.

What do you need to complete the form? Just your name and contact information. It’s as easy as that.

 

 

How will the Intent to File help me get my maximum benefit amount?

We’ve already talked about how long it can take the VA to decide on your claim. Currently, the VA has around 625,000 claims waiting to be processed. That’s an astronomical number!

There’s not much you can do about the number of claims, or how long it takes the VA to process them. But there are things you can do on your end to be sure you get the maximum benefits you deserve.

Most importantly, you want to prepare a concise but detailed claim that paints a clear picture of your disability and your military service that caused or aggravated your condition. Along with that, you can lock in a potential start date with an Intent to File. This way, your back pay is accumulating while time is ticking away, waiting to hear if your claim is approved or not.

 

Limitations

There are stipulations on filing an Intent to File. If you have never filed for any disability with the VA then an Intent to File is appropriate. Or if you are filing for a disability that you received a rating decision on more than 1 year ago and have not appealed the rating decision. 

For example, you filed for sleep apnea in 2012, you were denied in 2014. You did not appeal that claim within 1 year of the rating decision but now you are thinking about reopening the claim. You file an Intent to File on January 1, 2022. You then file a Supplemental Claim form 20-0995 on July 1, 2022. 

Another Example. You were granted a service connection for your left knee condition in 2012. You are thinking about filing for an increase of the left knee condition now. You file an Intent to File today. In 6 months, you can submit your application for an increase on a Supplemental Claim form 20-0995.

 

 

Conclusion

Many veterans have never heard about an Intent to File and believed they must have all the information and documents together before beginning a claim for VA disability compensation. As you now know, this is not true!

With a VA Intent to File in place, you can take the time you need to find all your records, attend the necessary exams and appointments, and submit the best disability claim possible. Not only will this method help reduce stress and errors, but it helps to get you the full amount of disability compensation that you deserve.

If you are even a little bit considering filing a claim for VA disability, lock in your effective date today by submitting a VA Intent to File.

 

This article was coauthored by Bethanie Spangenberg. 

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Valor 4 Vet does not represent veterans for legal claims, does not provide legal advice, and does not provide medical advice.

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