If you have a disability as a result of your military service, you deserve VA compensation in the full amount owed to you. The VA process is complex and can result in the unfortunate loss of some of that compensation. The VA intent to file form can help you get up to a year of additional back pay as you gather information and file your VA disability claim. This post explains.
Talk to Us About Your Claim:
(812) 426-7200
If you were recently diagnosed with a condition you think was connected to or worsened by your military service, you may be wondering what to do next. How do you navigate the VA disability compensation process?
Chances are, you need time to figure out how to file a VA claim and gather the evidence you need to service connect your condition. But when it comes to VA disability, time is money. Every day it takes for you to file your claim is potentially compensation you’re missing out on. An intent to file helps you secure an earlier effective date, resulting in more compensation when your claim is approved.
“I highly recommend this company. They were able to get my husband the disability rating the VA kept denying.”
L.C., an Army veteran’s spouse in California
From a Google review for Woods & Woods
In this article about the intent to file VA form and process:
Intent to file VA claims
An intent to file creates an effective date for your claim for compensation. Your effective date is the date you can start receiving VA disability benefits for a specific condition. You might want to submit an intent to file because if your claim is approved, you could receive retroactive payments back to the day your intent to file was received by the VA. In other words, you could be paid for the time it takes you to research and file your claim.
However, it’s important to note that you have up to a year (365 days) to file your claim for benefits after you submit an intent to file. If you do not submit your claim during the one year following your intent to file, your effective date will relate back to the date you submit your application for benefits rather than the earlier date of your intent to file. This could cost you thousands of dollars in benefits
It is also important to note the first claim for compensation received by the VA within those 365 days will be the claim applied to the intent to file. An intent to file form is not condition specific.
Retroactive back pay payments for effective dates can really add up. You can use our VA back pay calculator to get an idea of what your VA disability compensation back pay might be.
You can submit an intent to file for:
- Disability compensation
- Pension benefits
- Dependency and Indemnity Compensation (DIC), which are benefits for surviving family members of deceased veterans.
We also have a DIC calculator to help survivors determine what those payments might be.
If you don’t submit an intent to file, your earliest effective date will likely be the date you file your claim for compensation.
“An attempt to file a claim, so long as you file an application within one year, is supposed to protect your effective date. So you’re supposed to be able to plant the flag of your effective date as of the ITF filing,” said VA disability attorney Zack Evans.
VA PACT Act intent to file
Intent to file is a little different where the PACT Act is concerned.
The PACT Act, which was signed into law in August 2022, allows millions more veterans to receive VA disability benefits and health care. The legislation makes many conditions veterans experience presumptive, based on assumed exposure to toxins in certain areas of service during specific times.
A presumptive service connection means that when a qualifying veteran applies for VA disability, they are not required to submit proof that their condition is medically linked to their service. Instead, the condition is automatically presumed service connected, making it easier for them to receive VA disability benefits.
Vets who submitted an intent to file for VA PACT Act benefits on or before Aug. 14, 2023, were eligible to receive benefits dating back to Aug. 10, 2022, when the act was signed.
However, if you did not submit by Aug. 14, 2023, you can still submit an intent to file or file a PACT Act presumptive claim at any time. You just won’t be eligible for benefits backdating to the act’s signing. Instead, the benefits will date back to your intent to file or claim dates, depending on your approach.
VA intent to file form
You can submit a VA intent to file online, via telephone, or by mail. The correct form to use for an intent to file is VA Form 21-0966. Filing forms online instead of finding a Regional Office nearby is the most dependable.
VA forms and processes can be complex and frustrating. Hiring an accredited VA disability lawyer can help ensure you get it right from the start and establish your earliest possible effective date.
To check the status of your claim, sign into your va.gov account and visit the “Track Claims” section. You will see a list of your open claims, appeals, and the intent to file. When you click on the “View Status” button on any of these claims, you can see the update.
“If you were injured while serving this country and are reading this review, I encourage you to contact Woods and Woods right away. They are always standing ready to assist veterans in need.”
J.B., a Navy veteran in Virginia
How Woods and Woods can help
At Woods & Woods, we focus on helping non-working veterans with service-connected conditions get individual unemployability benefits and, in some cases, increased ratings. We also help survivors of veterans receive their DIC benefits. If you think we can help you with your claim, call us today for a free case evaluation. You won’t pay us unless we take and win your case.
Talk to Us About Your Claim:
(812) 426-7200
FREQUENTLY ASKED QUESTIONS
If you filed an intent to file form, you can sign into your va.gov account and visit the “Track Claims” section. You will see your intent to file information there, including the date it was received and any updates on it.
The intent to file is good for 365 days after you submit it or until a claim for compensation is received within those 365 days. You must file your claim within that time frame, or the intent to file is nullified.
Neil Woods
VA disability attorney
Woods & Woods
Neil Woods is the firm’s owner and president. He received his law degree from Western Michigan University.
