After you submit a claim for VA benefits, you wait for the VA to come to a decision. In addition to an approval or a denial, there’s actually another potential outcome –a deferred VA claim. If you receive a letter from the VA stating that your claim has been deferred, don’t panic. In this article, we break down what a deferred VA claim is, what to do if you get one, and how you can avoid a VA deferral.
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In this article about deferred VA claims:
What is a rating decision?
When a veteran submits a claim, the VA will carefully review all of the evidence and supporting documentation submitted. Once all evidence is reviewed, a VA regional office issues a rating decision. A rating decision letter explains the issues, discusses the relevant law, lists and discusses the submitted evidence, and provides the decision with an explanation.
What does ‘deferred’ on a VA claim mean?
In some cases, the VA doesn’t have all the evidence needed to make a rating decision, so the claim is deferred. A deferred VA claim means your claim was neither denied nor approved. Instead, it’s put on hold until you can submit sufficient evidence.
Simply put, the VA is telling you that the information you submitted with your claim is incomplete. They’re asking for more information from you to make a rating decision.
If you’re notified that your VA claim has been deferred, don’t be discouraged! A deferral is not a denial, but a chance to further develop your claim. A deferred VA claim still has a chance of being approved.
Veterans who receive a VA deferral should carefully follow the instructions provided by the VA. Do your best to retrieve the information they ask for. If you have questions about what is asked of you, don’t be afraid to call the VA office for clarification.
Avoiding a VA deferral
The most effective way to avoid getting a VA disability claim deferred is to take the time to fully develop your claim before submitting it. To submit a fully developed claim (FDC), you must submit all of your supporting evidence with your application and certify that there is no more evidence needed to make a decision on your claim.
To give yourself the best chance of avoiding a VA deferral, gather as much of the following evidence as you can before you submit your claim:
- All private medical records related to your condition. This could be reports, X-rays, or other test results from your doctor. They can come from a non-VA hospital, a non-VA healthcare provider, or another treatment center.
- A nexus letter from a medical professional that establishes the link between your service and your medical condition. Your nexus letter should explain how something that happened in service (like an injury or accident) either caused your condition or made a pre-existing condition worse.
- Any records of medical treatment you received for your condition while serving in the military.
- Any military personnel records you have that relate to your condition.
- If there are any health-related records you don’t have, include information so the VA can request them on your behalf.
- Lay statements can come from the veteran, family members, friends, employers, or those you served with. They describe how and when your condition happened and how your life has changed since you developed your condition.
If you need help filing your claim, hiring a VA-accredited attorney can help make sure your claim is fully developed before you submit it.
What is the difference between a remand and a deferral?
Both a deferred VA claim and a remand require additional information to get a VA decision, but a deferral is different from a remand.
If your claim is remanded by the VA, it is sent back to the VA Regional Office (RO) that originally made the decision. The Board of Veterans Appeals (BVA) remand might instruct the RO to gather updated or additional evidence before taking another look at your claim. Once a case is remanded, it is treated as a priority and expedited. A remanded claim puts the ball back in the RO’s court. If anything is needed from you, you will be notified via letter. That sounds like the VA deferred claim timeline would be faster, but it is still a lengthy process.
Why might a claim be remanded?
A claim may be remanded for a number of reasons. If a veteran’s disability worsens during the appeals process or a medical exam is considered inaccurate, the BVA might remand the claim and request a new medical exam to collect more accurate information to review.
Other reasons a claim can be remanded are if there’s a change to a condition’s VA rating or other VA law, if the RO makes a mistake while processing a claim, or if new evidence is added during the appeals process and needs to be reviewed.
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How Woods and Woods can help
The VA-accredited attorneys at Woods and Woods have helped thousands of veterans nationwide get the disability benefits they deserve. Call us today for a free case evaluation. You won’t pay us a dime unless we win your case.
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(812) 426-7200
FREQUENTLY ASKED QUESTIONS
A deferred VA claim means your claim was neither denied nor approved. It was simply put on hold until you can submit sufficient evidence. If your VA claim is deferred, you will be notified and asked to submit more information.
If a claim is deferred for exam clarification, it’s possible that the C&P examiner did not conduct the exam properly, or did not explain how the veteran’s condition relates to their military service. In this case, you may be asked to appear for a new C&P exam or the VA will ask the examiner for more information.
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.
