Understanding Your Deferred VA Claim

VA disability benefits can be a lifeline if your ability to earn a living is limited due to a service-connected disability. So, it’s not unusual for veterans who have submitted a disability claim to be anxiously on the lookout for the decision letter. Approval is great. A denial probably means you need to speak to a VA disability benefits advocate and determine the best path to appeal–and you’ll have to act quickly. Either way, you know what your next steps are.

Getting a letter that says your claim has been deferred can be disconcerting and confusing–especially if you didn’t realize that was one of the possibilities. Here’s what you need to know about deferred VA disability claims.

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There Are Two Different Things Called Deferral

This is worth sorting out first, because veterans arrive at this page from two very different situations and the right response is not the same.

A deferred issue inside a rating decision. You received a decision letter. Some conditions were granted, some were denied, and next to one or more it says DEFERRED. This is the more common experience and it usually means the VA is still working on that issue. Often there is nothing for you to do.

A request for evidence before any decision. The VA has written to ask you for something specific and is holding the claim until it arrives. This one has a clock on it and you need to act.

Look at the top of your letter. If it is a rating decision with a codesheet listing your conditions and percentages, you are in the first situation. If it is a development letter asking you to submit or authorize records, you are in the second.

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What Does Deferred Mean in a VA Disability Case?

When you receive a letter that says your claim has been deferred, it simply means the VA has decided not to make a decision yet. It’s not necessarily a bad sign, except that it means your claim will take longer and you may need to put in some effort.

The best way to approach deferral is to treat it as an opportunity. When your claim is deferred, that means the VA doesn’t think they have enough information to make a decision. That means you have a chance to provide additional evidence to tip the scales in your favor.

If you do get a notice saying your claim is deferred, you will likely be asked for specific additional documentation. It’s important that you act promptly to provide whatever has been requested. If you are unsure about exactly what the VA is asking for or how to obtain what they’ve requested, it’s important that you follow up or speak to a VA disability benefits advocate right away.

Why Claims Get Deferred

Knowing the reason tells you whether the ball is in your court or the VA’s. The usual causes:

A C&P exam has been ordered but not completed, or the examiner’s report has not come back
The exam report came back, but the VA needs a clarifying medical opinion, often on the nexus question
Service treatment records or personnel records have been requested from a federal records repository and have not arrived
Private treatment records were requested from your doctor and have not been received
One condition on a multi-issue claim needs more development than the others, so the VA decides the rest and holds that one
Dependency needs verification, such as a marriage certificate or school enrollment

The first three and the fifth are usually the VA’s work, not yours. The fourth and sixth are yours.

A Deferred Issue Is Not Something You Can Appeal Yet

This trips up a lot of veterans, and getting it wrong costs months.

An appeal, whether a Higher-Level Review, a Supplemental Claim, or a Board appeal, requires a decision to appeal from. A deferred issue has no decision on it. If you file a Higher-Level Review on a deferred issue, it will generally be rejected or dismissed, and you will have spent the time for nothing.

The good news is that you do not need to appeal it. The issue is still pending, which is a better position than being denied. When the VA eventually decides it, the effective date generally goes back to your original claim date, so the delay does not cost you back pay.

What you can appeal is anything in that same letter that was actually decided. If two conditions were granted at ratings you think are too low and a third was deferred, the clock is running on the first two. Do not wait for the deferred issue to be resolved before addressing the rest.

The One Mistake That Turns a Deferral Into a Denial

If your claim is deferred pending a C&P exam, go to the exam.

Missing a scheduled Compensation and Pension examination without good cause is one of the fastest ways to lose a claim. The VA can decide the claim on the evidence it has, which by definition, it has already told you is not enough. Reschedule if you cannot make the appointment, and do it before the date rather than after.

Watch your mail and your VA.gov account. Exam notices sometimes arrive with little notice and are occasionally sent to an old address. If you have moved, update your address with the VA directly rather than assuming a forwarding order will handle it.

How Long Do You Have to Respond?

A development letter asking for evidence usually gives you 30 days before the VA may go ahead and decide the claim without it. That is not the same as a permanent deadline. If you fail to furnish requested evidence for a full year, the VA can treat the claim as abandoned, which is a much worse outcome.

Treat the 30 days as the real deadline. If the records will take longer than that to obtain, write to the VA and say so, and say what you are doing to get them. A claim held open is worth more than a claim decided early on an incomplete file.

Checking on a Deferred Claim

You can track status in the claim status tool on VA.gov, which shows what stage your claim is in and lists evidence the VA has requested and received. It is not always current to the day, but it will usually tell you whether an exam has been ordered or whether the VA is waiting on records.

If the deferral has sat for many months with no movement, that is worth a call. Deferred issues sometimes get lost, particularly when the rest of the claim was decided and closed. This is one of the most common things we find when reviewing a file: an issue deferred two years ago that nobody ever went back to.

Avoiding Deferral of Your VA Disability Claim

If you can avoid a deferred VA claim, you want to do so. That’s not because deferral hurts your chances of approval, but because you’ll wait longer to start receiving benefits. The best way to avoid having your claim deferred pending additional information or evidence is to make sure you are thorough in filing your initial claim. That means providing all necessary documentation, including:

Service-related information, which may include dates of service, locations you served and your roles within the military
Medical documentation, both from your military service and from the physicians and other medical providers who have treated you since you left the military
Buddy letters, such as a letter from a fellow service member who was present for the event that triggered your service-connected disability or a family member who can speak to when your symptoms started or worsened and the day-to-day challenges you face
A nexus letter, if your condition isn’t presumed service connected
Any other documentation necessary to support your claim.

The best way to ensure that you have put together an effective, thoroughly-supported VA disability claim is to work with an experienced VA disability benefits advocate from the start. At Disabled Vets, our advocates have deep knowledge of the VA disability claims process. We know what the VA is looking for, and we know what types of omissions most commonly trigger deferral.

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Frequently Asked Questions about Deferred VA Claims

Is a deferral bad news?

A deferred VA claim is no less likely to eventually be approved than one that is decided without additional information. However, it’s your responsibility to do what the VA has requested in order to move your claim forward. If the VA has to decide the claim without the additional information they’ve requested, that may be bad news–because they’ve already told you they don’t think they have enough information to decide the claim in your favor.

What should I do when I get a notice of deferral?

A notice of deferral is an opportunity to strengthen your claim and improve your chances of approval. It also means your claim may be denied if you don’t provide adequate additional documentation. You must make sure to follow the instructions in your notice, and to do so in the time allowed. So, the very first thing you should do when you get a deferral notice is read the letter carefully and make sure you understand it.

If you are working with a disability benefits advocate, you should contact them right away. If you are not, you should seriously consider reaching out for help in supplementing your claim.

What might I be required to do after a deferral notice?

The requests in the deferral notice will vary depending on what type of information the VA feels your claim is lacking. It may be additional existing medical records, further information about your military service to establish service connection, or even a request that you undergo an exam or further medical testing.

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Get Help With Your Deferred VA Claim

Determining exactly what the VA needs and how to obtain those records can be daunting, and you usually won’t have much time to act. You don’t want to miss out on the opportunity to strengthen your claim and improve your chances of approval. Though a deferral slows down your VA disability claim somewhat, the appeal process if you’re denied can take much longer.

Fortunately, you don’t have to figure it out on your own. Whether you’re just preparing your claim, have been informed that a decision has been deferred pending additional information, or need to appeal a denial, an experienced disability benefits advocate can help.

The expert VA disability advocates at Disabled Vets are fully dedicated to ensuring that our military veterans receive the benefits they’re entitled to, and that the process is as stress-free and efficient as possible. We have in-depth experience with claims, responses to deferral notices and other VA requests, supplemental claims, appeals, and other matters impacting your VA disability benefits. Contact us today HERE or call us at 1-888-373-4722