Filing a claim with the Department of Veterans Affairs (VA) can be a lengthy and complex process. One possible outcome veterans may encounter is a deferred claim.
A deferral means that the VA has not made a final decision on a claim. It’s often due to missing information or the need for further evidence.
While it may feel discouraging, understanding what a deferral means and what steps to take next can help ease the process.
In this blog, we will explain what a deferred claim is and when it happens, as well as what you can do to move forward with your case.
About VA Rating Decision
The VA rating decision is the formal determination the Department of Veterans Affairs makes regarding a veteran’s claim for disability benefits.
This decision is based on a thorough evaluation of medical records, service history, and other relevant evidence. The VA assigns a disability rating, usually expressed as a percentage.
This rating indicates the severity of the veteran’s condition and its impact on their ability to work or function. The rating directly influences the amount of compensation a veteran will receive.
Veterans can receive several types of decisions from the VA: approval, denial, or deferral.
- An approved claim results in compensation and benefits.
- Meanwhile, a denied claim means the veteran does not qualify for compensation under the current circumstances.
- A deferral, however, is different. When a claim is deferred, the VA has not made a final decision but needs more information to proceed.
This could be due to an incomplete claim, missing medical evidence, or the necessity of a further examination to clarify the veteran’s condition.
What Is VA Deferral of a Claim, and When Does It Happen?
A VA deferral occurs when the VA does not make a final decision on a veteran’s claim. Instead, the VA delays the decision until additional information or evidence is provided.
It’s unlike a denial, where the VA concludes that the veteran does not meet the criteria for benefits. A deferral is essentially a “hold” placed on the claim until further clarification is achieved.
It may only happen when you claim for multiple disabilities. The VA doesn’t need to defer a claim for a single disability.
Several reasons can lead to a deferral. One of the most common reasons is that the VA needs additional medical evidence to evaluate the severity of the veteran’s condition or verify the diagnosis.
For example, suppose you claimed a service-connected disability but did not submit sufficient medical records or undergo a medical examination. Then, the VA may defer the decision.
A deferral may also occur if there is missing documentation or unclear service records that are essential to the claim.
In some cases, the VA might request an updated disability evaluation to determine the veteran’s current condition.
It’s important to note that deferrals do not indicate that the claim will automatically be approved or denied. They rather mean that the VA needs more time and information to determine.
As we previously mentioned, deferrals are only possible upon multiple disability claims from a veteran. It usually goes like this-
- You submitted multiple claims for three (random count as an example) disabilities.
- VA found enough evidence to rate the first disability.
- They denied your third disability due to not seeing any proper proof from their evaluations.
- As for your second disability, the VA saw that it lacks evidence, but you may be able to provide it. So, they ‘hold’ the overall rating decision.
- In this case, you may receive a rating for your first disability (the approved one). Meanwhile, your third disability will show a ‘Deferred’ status on your VA account (VA.gov).
- If the VA approves your second disability after getting enough evidence, you will start getting payments for that, too, including any retroactive benefit (back pay).
So, the difference between a denial and a deferral is that-
- Denial: The VA didn’t find enough proof to make a service connection.
- Deferral: The VA found enough evidence, but any of the following happened-
- There is something wrong with the evidence (like incorrect VA terminology in the Nexus letter)
- The veteran’s condition changed after the filing or,
- Previously inaccessible information has become accessible
- Any other unusual event occurred
Difference Between a Deferral and a Remand
Although both a deferral and a remand involve delays in the decision-making process, they are distinct. They also have different implications for the veteran’s claim.
Deferral
A deferral occurs when the VA needs additional evidence or clarification before making a final decision. The claim is temporarily put on hold while the VA gathers the necessary information.
You will typically be notified of the deferral and may be given instructions on how to proceed. Once the VA receives the required evidence, the claim will be reassessed, and a final decision will be made.
Remand
In contrast, a remand is a more formal process initiated by the Board of Veterans’ Appeals.
If the board finds that the original VA decision was flawed or incomplete, it may send the claim back to the VA for further review or additional development.
This usually occurs when the Board determines that the previous decision contained an error in law or evidence.
A remand may take longer than a deferral. It involves a more in-depth review and sometimes a new decision-making process.
How to Avoid a VA Deferral?
While there’s no guaranteed way to avoid a deferral, veterans can take several steps to minimize the chances of one.
First, ensure that the claim is complete and accurate. Missing forms, documents, or vital information are common reasons for deferrals.
Make sure all medical records, service treatment records, and personal statements are up-to-date and comprehensive.
It is crucial to provide clear and compelling medical evidence. If you have medical diagnoses or ongoing treatments related to your condition, include detailed reports from doctors and specialists.
Additionally, attend any scheduled compensation and pension (C&P) exams promptly. Missing or delaying these exams can cause delays or deferrals.
Finally, double-check your paperwork before submission. Even small errors in names, dates, or medical history can delay the decision process.
Consider seeking help from a VA-accredited representative or attorney to guide you through the claim process and ensure all aspects are covered.
What to Do If Your Claim Is Deferred?
If your VA claim is deferred, it can feel frustrating, but it’s important to understand that a deferral doesn’t mean your claim is denied.
It simply means the VA needs more information before they can make a final decision. Here’s what you can do if your claim is deferred-
- Review the VA’s Letter: The VA will notify you in writing about the deferral, and the letter will specify what is missing or unclear in your claim.
Carefully read through this document to understand what the VA is requesting.
- Gather the Required Evidence: Once you know what is needed, take action quickly.
This may involve obtaining additional medical records, submitting personal statements, or attending a new C&P exam.
If the VA is requesting something specific, ensure you address those points thoroughly.
- Follow-up: If you’ve submitted new evidence or completed requested exams, don’t hesitate to follow up with the VA to confirm they’ve received everything.
You can do this through the VA’s eBenefits portal or by calling their support line.
- Consider Seeking Help: If you’re unsure about the next steps or need assistance in gathering evidence, you can work with a VA-accredited representative or an attorney.
They can help you navigate the process and ensure that you’re providing the best possible documentation for your claim.
Conclusion
Receiving a deferral on your VA claim can be discouraging. However, it’s an opportunity to gather the additional information or evidence needed for a final decision.
Remember that a deferral is not a denial, and with patience and thorough preparation, you can improve your chances of success.