What Does Deferred Mean on a VA Disability Claim?

Posted by Berry Law on August 7, 2024 in Veterans Disability

When a Veteran files a claim for Veterans Administration (VA) disability benefits, the outcome can significantly impact their life. One possible result is a deferred status on the claim. A deferred status on a VA disability claim means that the Veterans Benefits Administration (VBA) requires additional information or evidence before making a final decision. It does not mean that the claim has been denied; rather, it indicates that more time is needed for the VBA to gather the necessary details to assess the claim accurately.

Reasons for Filing a VA Disability Claim

Veterans may file for disability benefits for various reasons related to their military service. Some common conditions that may qualify include:

• Physical injuries sustained during service.
• Mental health conditions, such as post-traumatic stress disorder (PTSD).
• Chronic illnesses developed due to exposure to hazardous materials.
• Aggravation of pre-existing conditions due to military service.

Presumptive Service Connection

In some cases, the VA presumes that certain conditions are connected to military service, even without direct evidence. These presumptive conditions vary depending on factors such as the Veteran’s service period and location. For example, Veterans who served in Vietnam between January 9, 1962, and May 7, 1975, are presumed to have been exposed to Agent Orange, which has been linked to several health conditions.

Proving a VA Disability Claim

To successfully prove a VA disability claim, Veterans must demonstrate three key elements:

• A current diagnosis of a disabling condition.
• Evidence of an in-service event, injury, or illness.
• A nexus (link) between the current disability and the in-service occurrence.

Medical records, service records, and lay statements from the Veteran and witnesses can help establish these elements.

What Are Some Reasons the VBA May Mark a Claim for Deferral?

The VBA may defer a claim for several reasons, including:

Insufficient Evidence: If the VBA determines that the evidence submitted with the claim is insufficient to make a decision, they may defer the claim until additional evidence is provided. This could include missing medical records, service records, or lay statements.

Need for a Medical Examination: If the VBA requires a Compensation and Pension (C&P) exam to assess the Veteran’s disability and its connection to military service, the claim may be deferred until the exam is completed and the results are reviewed.

Pending Verification of Service: In some cases, the VBA may need to verify the Veteran’s service records or the character of their discharge before deciding on the claim. The claim may be deferred until this verification is complete.

Incomplete Application: If the Veteran’s application is missing essential information, such as the specific conditions being claimed or the dates of treatment, the VBA may defer the claim until the necessary details are provided.

Pending Development of Evidence: If the VBA identifies additional evidence that could support the claim, such as records from private medical providers or lay statements from witnesses, they may defer the claim while attempting to obtain this evidence.

Need for Clarification: If there are inconsistencies or ambiguities in the submitted evidence, the VBA may defer the claim and request clarification from the Veteran or other sources.

Pending Resolution of Related Issues: If there are other pending claims or appeals that could affect the outcome of the current claim, the VBA may defer the claim until these related issues are resolved.

Veterans should carefully review the reasons for the deferral and work with their representatives or a VA benefits lawyer to provide the necessary evidence or take the required actions to move the claim forward.

Three Options for Appealing a VA Disability Claim

What happens if a claim is denied? If a Veteran receives an unfavorable decision on their claim, they have the right to appeal a VA decision. Under the Appeals Modernization Act (AMA), which went into effect in February 2019, Veterans have three options for reviewing an unfavorable decision:

1. Higher-Level Review: A more senior VA employee reviews the claim. The review is based on the evidence already in the file at the time of the original decision. No new evidence can be submitted. The higher-level reviewer can either uphold the original decision, overturn it, or send it back for correction.
2. Supplemental Claim: Veterans can file a Supplemental Claim if they have new and relevant evidence to support their case. This evidence must be something that was not part of the record at the time of the original decision. There is no limit to the number of Supplemental Claims a Veteran can file, but new and relevant evidence must be provided each time.
3. Appeal to the Board of Veterans’ Appeals: Veterans can appeal directly to the Board of Veterans’ Appeals (BVA) and skip the other options. The three options are direct review, evidence submission, or a hearing. In a direct review, the BVA will review the claim based on the evidence already in the record. With evidence submission, the Veteran can submit additional evidence for the BVA to consider. In a hearing, the Veteran can testify before a Veterans Law Judge and present new evidence. The BVA’s decision is final unless appealed to the Court of Appeals for Veterans Claims.

Veterans have one year from the original decision to file one of the three appeals.

Factors to consider when choosing an appeal path include the strength of the existing evidence, the availability of new evidence, and the situation’s urgency. A knowledgeable VA benefits lawyer can help Veterans understand their options and make informed decisions.

How a VA Benefits Lawyer Can Help

Navigating the VA disability claims process can be complex and overwhelming. A dedicated VA benefits lawyer can provide invaluable assistance by:

• Helping gather and organize necessary evidence.
• Ensuring that claims are properly filed and tracked.
• Representing Veterans in appeals and hearings.
• Staying current on changes to VA regulations and case law.
• Offering knowledgeable guidance and support throughout the process.

While Veterans can file claims independently, working with an experienced attorney can increase the likelihood of a successful outcome and ensure that all avenues for securing benefits are explored.

Contact Berry Law

A deferred status on a VA disability claim indicates that more information is needed before making a final decision. Veterans filing claims should understand presumptive service connection, the necessary elements to prove a claim, and the appeals process. A skilled VA benefits lawyer from Berry Law can provide essential support and guidance. Many of our lawyers and staff are Veterans. We understand the claims process and the new rules for appealing a VA decision.

Having a knowledgeable advocate makes securing deserved benefits less daunting for Veterans who have served our nation. Call us at 888-883-2483 or fill out our online contact form. We represent Veterans in all 50 states and our legal team is available 24/7.