The VA “Intent to File” Explained

June 25, 2020

So… ya’ll know (or I hope you know by now) my goal with this blog is to get information out to you as quickly as I’m learning it.  Well, that motto has caused me to try something new.  I am constantly pinging my friends, associates, and colleagues for their “I wish I knew“, or “I don’t understand” moments regarding their transition to retirement or separation.  Time permitting, I take their questions, do some research, and find out the answer.  Then I write a quick blog post covering that information.  My logic is, if they have that question, there has to be one, two, or 50 other service members with the same questions.  So here goes.

I have a colleague who is retiring soon, very soon…like in a week, and she posed a question about the idea behind filing a VA Intent to File versus actually filing the VA claim for benefits.  So let me break it down.

The Short of It

Does starting my VA Disability application, trigger the  “Intent to File”.   The answer from the VA is no.  Just beginning a claim does not show as an official Intent to file nor does it trigger your effective date.   However, actually completing the intent to file form, VA Form 21-0966, and submitting it to the VA, does set the effective date of your claim.  **The exception to this rule is filing (starting and then completing) your VA claim online, which does automatically trigger your intent to file.  I repeat the completion of the online application includes your intent to file.**

The Effective Date of Your VA Claim

The effective date works to your advantage because whenever you do get your self organized and actually file your VA claim. By establishing the effective date, your claim is effective retroactive to the VA receipt date of the Intent to File.   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.  You can submit subsequent applications for compensation if new evidence arises.  However, the intent to file form only covers the timeframe of your FIRST submission, not the subsequent submissions.  In this unfortunate case, your disability award will not be retroactive to the intent to file date for subsequent (after the 1st) and unrelated VA Disability claim submissions.

What is the Intent to File

But, let me back up a bit and explain the purpose of the Intent to File.  The Intent to File a Claim for Compensation and/or Pension or Survivors’ Pension and/or DIC are all covered under the VA Form 21-0966.  The intent of this form’s submission is to give the member or effected person a chance to get his/her ducks in a row.  You have the opportunity to gather supporting documents, request copies of your medical records, contact your previous medical professionals if necessary, and see or be referred to the proper medical professionals to support your claim.  Your Intent to File can be submitted by phone (1-800-827-1000) or postal mail, Dept of Veterans Affairs, Claims Intake Center, PO Box 4444, Janesville, WI 53547-4444.

If you’d like the same information straight from the horse’s mouth, please visit the VA.gov link here or the VA Factsheet here.

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