Updated Jun 05, 2024
In This Section |
This section contains the following topics:
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Introduction |
This topic contains information regarding the identification and processing of ITFs, including
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Change Date |
June 14, 2023
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II.iii.2.A.1.a. Communication of an ITF |
The Department of Veterans Affairs (VA) stopped accepting informal claims on March 24, 2015. Claimants desiring the benefit of filing an informal claim (as expressed in M21-1, Part II, Subpart iii, 2.H) must now communicate to VA an “intent to file” a claim. They may accomplish this by
Note: If a claimant expresses an intent to file (ITF) before March 24, 2015, determine whether VA may accept the communication as an informal claim.
References: For more information on
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II.iii.2.A.1.b. Required Elements of a Communication of an ITF |
A claimant’s communication of an ITF is adequate for VA purposes if, in the communication, the claimant
Notes:
References: For more information on
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II.iii.2.A.1.c. Why Communication of an ITF Is Important |
The communication of an ITF to VA is important because VA may grant entitlement to benefits from an effective date prior to the date of claim (DOC) as long as the claimant submits a complete claim within one year of the date VA received the ITF.
When the complete claim is received within one year of the ITF, the ITF is a DOC placeholder and other applicable effective date rules, such as 38 CFR 3.114 and 38 CFR 3.400, may be applied based on the date of receipt of the ITF.
References: For more information on
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II.iii.2.A.1.d. Determining Active Status of an ITF |
A claimant’s communication of an ITF is “active” for the purpose of assigning an earlier effective date of entitlement (as explained in M21-1, Part II, Subpart iii, 2.A.1.c) until the earlier of the following occur:
Important:
References: For more information on
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II.iii.2.A.1.e. Identification of the Benefit Sought on the ITF |
An ITF is specific to the benefit sought. When the claim received is not for the same type of benefit identified on the ITF, the ITF may not be applied to the claim for purposes of effective date assignment.
Example: An ITF identifying pension as the benefit sought cannot be applied to a subsequent claim for compensation.
Note: A survivor’s ITF on which either compensation or pension is selected as the benefit sought cannot be applied to a claim for Survivors Pension or DIC. A survivor’s ITF with compensation or pension selected should be handled as an incomplete ITF.
References: For more information on
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II.iii.2.A.1.f. ITFs for Multiple Benefits |
When a single ITF is received that has both compensation and pension boxes checked, two active ITFs are created. Each ITF remains active until
Note: Various systems and EP issues may impact proper update of the ITF status. Claims processors must verify that the ITF status as reflected on the ITF screen is correct.
Reference: For more information on verifying systems accuracy for ITFs, see M21-1, Part II, Subpart iii, 2.A.4.
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II.iii.2.A.1.g. Duplicate ITFs |
An ITF remains active for one year or until a claim is received, whichever occurs earlier. A duplicate ITF is an ITF submitted for the same benefit as an ITF which has already been submitted, for which a corresponding claim has not been received.
Any subsequent duplicate ITF submitted for the same benefit during the active period will have no effect on benefit entitlement.
Reference: For more information on the assignment of effective date following the submission of a duplicate ITF, see M21-1, Part V, Subpart ii, 4.A.2.c.
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II.iii.2.A.1.h. Applying an ITF to Multiple Claims Received on the Same Day |
When an active ITF is of record and multiple claims are subsequently received all on the same date, apply the ITF to all claims received on the same day.
Example: An ITF for compensation was received on June 11, 2022. Subsequently, on September 14, 2022, a supplemental claim for compensation is received through the mail. Also, on September 14, 2022, an initial claim for compensation is submitted online. The ITF will apply to both claims received on September 14, 2022, since they were received on the same day.
Reference: For more information on ITFs and supplemental claims, see M21-1, Part X, Subpart ii, 2.A.2.b.
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II.iii.2.A.1.i. ITFs and Withdrawn Claims |
When an ITF has been associated with a claim, but the claim is subsequently successfully withdrawn and the withdrawal is not retracted, the ITF remains associated with the withdrawn claim and may not be applied to any other claim.
If the withdrawal is successfully retracted, the ITF remains associated with the claim and may be utilized for the purposes of assigning an effective date.
Reference: For more information on withdrawn claims, see M21-1, Part II, Subpart iii, 2.F.
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II.iii.2.A.1.j. ITFs Submitted During Active Duty |
An ITF generally has no effect when submitted during a period of active duty just prior to discharge due to application of 38 CFR 3.400(b)(2)(i).
However, in unusual situations, such as those where there are multiple brief periods of active duty, in which the ITF has the potential to impact effective date assignment, an ITF received during active service may be applied for assignment of effective date. However, under no circumstances may benefits be paid during a period of active service.
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II.iii.2.A.1.k. Examples of Benefits ITF Does Not Affect |
ITF applies to claims for
The following are examples of benefits or types of claims to which ITF does not apply:
Note: Prior to July 30, 2021, 38 CFR 3.155 precluded the application of ITFs to supplemental claims. In Military-Veterans Advocacy v. Secretary of Veterans Affairs, No. 19-1600 (Fed. Cir. 2021), the court invalidated this portion of VA’s regulation. This means an ITF may now be applied to supplemental claims that are not finally adjudicated on or after July 30, 2021.
References: For more information on
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II.iii.2.A.1.l. Acknowledging Receipt of a Communication of an ITF That Includes All Required Elements |
Receipt of an ITF must be recorded in the corporate record as described at M21-1, Part II, Subpart iii, 2.A.2.a. As soon as this corporate record update takes place, the Hines Information Technology Center (ITC) generates and mails to the claimant a letter
Note: Sometimes, the Hines ITC is unable to generate the letter. Upon receipt of notice that this has occurred, manually create the letter using the Active ITF Notification Letter.
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2. Systems Processing of ITFs
Introduction
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This topic contains information regarding the processing of ITFs within VA electronic systems, including
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Change Date
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February 22, 2021
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II.iii.2.A.2.a. How the Corporate Record Is Updated to Reflect Receipt of a Communication of an ITF |
The table below describes how the corporate record is updated to reflect receipt of a communication of an ITF that contains the required elements described in M21-1, Part II, Subpart iii, 2.A.1.b.
Notes:
Reference: For more information on identifying ITF information when received electronically or input by an employee, see M21-1, Part II, Subpart iii, 2.A.2.d. |
II.iii.2.A.2.b. Accepting ITFs By Telephone |
Effective March 24, 2015, VA will only recognize compensation, pension, survivors, and related claims if they are submitted on prescribed forms. When a claimant expressed an intent to file a claim during a telephone conversation, determine whether the claimant wishes to submit an ITF.
Follow the instructions in the table below if a claimant attempts to file a claim during a telephone conversation.
References: For more information on
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II.iii.2.A.2.c. Processing VA Form 21-0966 When No BIRLS Record Exists |
Follow the instructions in the table below when VA receives VA Form 21-0966 from a claimant for whom no BIRLS record exists.
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II.iii.2.A.2.d. Identifying ITFs Received Electronically or By Employees |
As noted in M21-1, Part II, Subpart iii, 2.A.2.a, ITFs submitted electronically through a VA claims submission service website or those communicated directly to a call center, VSC, PMC, or fiduciary employee will not be recorded on VA Form 21-0966. Rather, the receipt of ITF will be reflected
Thus, it is necessary to review the VBMS INTENT TO FILE screen to ensure that all ITFs are considered for the purpose of assigning correct effective dates for claims.
Follow the steps in the table below to locate ITF information in VBMS.
Reference: For more information on entering and viewing ITF information in VBMS, see the VBMS Core User Guide.
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II.iii.2.A.2.e. Status of Communications of an ITF as Displayed in VBMS and Share |
The status of each communication of an ITF that VA receives is displayed in Share and VBMS.
The table below provides the meaning behind each status the system may assign.
Note: Once a claimant communicates an intent to file a claim for a general benefit, and follows it up (within a one-year period of time) with a substantially complete application for the same benefit, the claimant may later (before the initial claim is resolved) communicate another intent to file a claim for the same benefit (albeit a different contention).
Scenario:
Result: Once VA acknowledges receipt of the VA Form 21-526EZ, the status of the claimant’s pending communication of an ITF changes from Active to Claim Received. Once this occurs,
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II.iii.2.A.2.f. Receipt of a Communication of an ITF on the Same Date VA Receives an Application for Benefits Through a VA Claims Submission Service Website |
When VA receives a communication of an intent to file a claim for a general benefit on the same date it receives an application for the same benefit through a VA claims submission service website, the status of the communication of the ITF will be displayed in VBMS and Share as
If a claimant submits an application via a VA claims submission service website then initiates another application via a VA claims submission service website on the same day, the status of the communication of the ITF will be displayed in VBMS and Share as Active.
The table below contains examples of the application of the principle discussed in the above paragraphs, to include the information that will be displayed in VBMS and Share based on the facts associated with each individual scenario.
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3. Incomplete ITFs
Introduction |
This topic contains information on handling incomplete ITFs, including
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Change Date |
September 6, 2022
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II.iii.2.A.3.a. Handling an Incomplete VA Form 21-0966 Prior to Receipt of a Subsequent Claim |
Follow the instructions in the table below when
Important: The date of receipt of a VA Form 21-0966 that does not contain the required elements set forth in M21-1, Part II, Subpart iii, 2.A.1.b cannot be used to establish a potential effective date for entitlement to VA benefits. When an incomplete ITF is received but later made complete with further development either via telephone or letter, the date of receipt of the completed ITF or information required to complete the ITF is applicable for future assignment of effective dates.
Note: The Intent to File process to record an incomplete VA Form 21-0966 was not available until April 2015. Prior to this date, users tracked VA Forms 21-0966 that did not contain the required elements described in M21-1, Part II, Subpart iii, 2.A.1.b through the
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II.iii.2.A.3.b. Acknowledging Receipt of an Incomplete VA Form 21-0966 |
As soon as the update to VBMS described in M21-1, Part II, Subpart iii, 2.A.3.a, takes place, the Hines ITC generates a letter acknowledging VA’s receipt of VA Form 21-0966 and informs the claimant that the form cannot be accepted as communication of an ITF. The letter also informs the claimant of
Note: Sometimes, the Hines ITC is unable to generate the letter or the letter is generated with an inaccurate address. Upon receipt of notice that this has occurred, manually create the letter using the Incomplete ITF letter.
Referencs: For more information on the action to take when an incomplete ITF is received and a subsequent claim is received before the letter acknowledging receipt of the incomplete ITF is sent to the claimant, see M21-1, Part II, Subpart iii, 2.A.3.c.
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II.iii.2.A.3.c. Handling an Incomplete VA Form 21-0966 After Receipt of a Subsequent Claim |
Follow the steps in the table below when
Important: The date of receipt of a VA Form 21-0966 that does not contain the required elements set forth in M21-1, Part II, Subpart iii, 2.A.1.b cannot be used to establish a potential effective date for entitlement to VA benefits.
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4. ITF Data Accuracy
Introduction |
This topic contains information regarding the need to review ITF data for accuracy in VA systems, including
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Change Date |
September 6, 2022
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II.iii.2.A.4.a. Reviewing ITF Status for Accuracy Based on Circumstances of Claim |
When an ITF is submitted, either by virtue of initiation of an electronic application or by specific submission by a claimant, and the subsequent claim is for a benefit to which ITF does not apply, validate the accuracy of the ITF data in the corporate record as directed in M21-1, Part II, Subpart iii, 2.A.4.b to ensure ITF status remains active when appropriate. Take corrective action when ITF status is not accurate.
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II.iii.2.A.4.b. Validating the Accuracy of ITF Data in the Corporate Record |
Claims processors are responsible for validating the accuracy of data in the corporate record regarding a claimant’s communication of an ITF.
When inaccurate ITF information exists and a correction is being made on
Notes:
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II.iii.2.A.4.f. Calculating the Timeliness of Receipt of ITFs |
Apply 38 CFR 3.110 in the calculation of timeliness of receipt of a claim following receipt of an ITF.
When determining whether a claim is timely received following receipt of an ITF, calculate the applicable time period by
Examples:
Notes:
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II.iii.2.A.4.g. Programming Errors Impacting Date of Receipt of ITF |
In some cases, updates to the corporate record for both manually entered and electronically submitted communications of an ITF were affected by a programming error that caused the incorrect date of receipt of the communication to appear
This programming error impacted ITFs recorded
When the assignment of an effective date for a grant of entitlement to benefits is necessary in a case involving a claimant who communicated to VA an ITF, and there is a date discrepancy, utilize the date of receipt of the communication as shown in a
In the event that none of the above-mentioned items can be used to verify the ITF receipt date, the VBMS date should be utilized as the date of receipt of the ITF for consideration when assigning an effective date.
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II.iii.2.A.4.h. Time Zone Issues Impacting ITF |
A system defect has occurred periodically in which a time zone issue impacts the date of receipt of an ITF. The defect can impact both electronic and manually entered ITFs and occurs when submissions are made near midnight.
VBMS operates on a server in the Eastern Standard Time zone while the corporate database operates on a Central Standard Time server.
In situations where an ITF appears to be affected by a time zone discrepancy, review the time stamp on the ITF and claim to determine if the submission was made near midnight and potentially impacted by a time zone discrepancy. Any corrections to date of receipt must be made by following the procedures described in M21-1, Part II, Subpart iii, 2.A.4.b.
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