How an Intent to File Can Maximize Your Retroactive VA Benefits 

Posted by Ruben Mejia on February 27, 2025 in Veterans

Filing a VA disability claim can take time, but Veterans can protect their compensation by submitting an Intent to File (VA Form 21-0966). This simple step preserves the earliest possible effective date, which directly impacts retroactive VA disability payments and back pay. Understanding VA back pay and effective dates helps Veterans receive all the compensation they are owed. At Berry Law, we help Veterans navigate the claims process to maximize their benefits. 

1. What Is an Intent to File and Why Is It Important? 

An Intent to File is a formal notification to VA that a Veteran plans to submit a claim for disability compensation. It allows Veterans to secure an earlier effective date, the date VA starts paying monthly disability benefits, while they gather medical records and supporting evidence. 

Key benefits of an Intent to File: 

• Locks in the effective date for benefits up to one year before submitting a complete claim. 

• Gives Veterans more time to collect necessary documentation. 

• Helps secure maximum retroactive VA disability payments when the claim is approved. 

Veterans can submit an Intent to File by: 

• Calling VA at 800-698-2411. 

• Submitting VA Form 21-0966 online or by mail. 

• Using VA’s eBenefits system. 

2. How an Intent to File Affects VA Back Pay and Effective Dates 

The effective date of a VA disability claim determines when benefits begin and how much back pay a Veteran is owed. Filing an Intent to File helps Veterans claim benefits from the earliest date possible. 

• If a Veteran submits an Intent to File and later completes their claim within one year, their VA back pay and effective dates will be based on the Intent to File date. 

• Without an Intent to File, the effective date defaults to the date VA receives the completed claim, potentially costing Veterans months or years of compensation. 

3. How to Use an Intent to File to Maximize Retroactive Benefits 

Veterans can maximize their VA back pay by following these steps: 

1. File an Intent to File (VA Form 21-0966) Immediately – Even if unsure about filing, this step locks in the earliest possible effective date. 

2. Gather Medical and Service Records – Collect doctor’s statements, VA medical records, and service connection evidence before submitting a full claim. 

3. Submit a Fully Developed Claim (FDC) – Filing a complete claim within one year helps include all eligible back pay. 

4. Appeal Denied Claims Quickly – If a claim is denied, Veterans must appeal within one year to keep their original effective date. 

4. Common Mistakes That Reduce Back Pay 

Many Veterans lose out on back pay due to mistakes in the claims process. To avoid delays: 

• Do not wait to file an Intent to File – Filing early ensures maximum retroactive benefits. 

• Complete the claim within one year – If a claim is not filed within 12 months, the effective date is reset. 

• Provide sufficient medical evidence – Missing documentation can lead to denials and loss of back pay. 

• Appeal incorrect effective dates – Veterans can challenge VA errors to restore earlier benefits. 

Filing an Intent to File is one of the easiest ways for Veterans to maximize their retroactive VA disability payments and secure the earliest possible effective date. If you need help navigating the VA claims process, Berry Law is here to assist. 

Contact us today for a free case evaluation. 

Frequently Asked Questions (FAQs) 

1. How long do I have to submit a claim after filing an Intent to File?

Veterans have one year to submit a complete claim to maintain the original effective date. 

2. Will filing an Intent to File affect my back pay?

Yes, it helps secure the earliest possible effective date, which maximizes retroactive VA disability payments. 

3. Can I submit multiple Intents to File?

Yes, but only the most recent one determines the effective date. 

4. What happens if I don’t submit my claim within a year?

Your effective date resets, and you may lose months or years of back pay. 

5. How can a VA disability lawyer help with back pay?

A VA disability lawyer helps you file correctly, secure the earliest effective date, and appeal VA errors.