Top 3 Reasons Your VA Claim Is Deferred 2023
When your VA Claim is deferred, navigating the process can seem intimidating. However, there are strategies to transform this deferred status into a success story.
In this blog post, we’ll dive into the world of VA deferred claims, explore the reasons behind them, and provide valuable strategies for getting your VA deferred claim approved.
By understanding and navigating the VA claims process effectively, you’ll be better equipped to tackle your deferred claim and, ultimately, receive the disability benefits you deserve.
Short Summary
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Understanding VA deferred claims and the role of insufficient evidence is important for veterans seeking disability benefits.
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Strategies such as obtaining Evidence, utilizing buddy/lay statements and undergoing an independent medical examination can strengthen a claim.
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Success stories from veterans who overcame deferred claims provide valuable insight on strategies to secure disability benefits.
Understanding Why Your VA Claim Is Deferred
A delayed VA claim occurs when the Department of Veterans Affairs lacks the necessary data to render a decision concerning the claim. This typically results from insufficient evidence or incomplete information, requiring further development before a VA claim deferred decision can be made.
Veterans often face challenges with their veteran’s claim, as they must provide the VA with additional evidence to support their case.
The Role of Insufficient Evidence
Insufficient evidence is of utmost importance in deferred claims, as the VA necessitates sufficient information to come to a conclusion on a claim. Providing enough evidence can help prevent deferred claims.
The typical causes of inadequate evidence in VA claims include the absence of a reliable diagnosis, lack of evidence of a service connection, insufficient required evidence, and incomplete VA examination reports. Lastly, your status may show “va claim deferred for exam clarification”. To address these issues, veterans can procure additional evidence, such as military medical records, buddy statements, and independent medical examinations.
Multiple Conditions and Partial Deferrals
Partial deferrals often arise when a veteran submits multiple claims, with only some having adequate evidence, thus resulting in a claim deferred for particular conditions. A partial deferral in a VA claim occurs when a determination is made on certain aspects of the claim, yet a determination on at least one other issue is delayed pending further development, as the VA determines that more information is needed.
Understanding the impact of partial deferrals on the overall VA claims process can help veterans navigate their claims more effectively and avoid potential pitfalls.
Why Does VA Issue Deferrals?
Again the delays mean VA doesn’t have the evidence to support their decisions. VA is trying to find information necessary for the decision on whether to grant benefits or deny benefits.
VA often asks veterans to request and give more details than necessary. VA in general will defer the claim until a complete development period is required before proceeding.
VA will sometimes deny veterans claims for a service-connected health condition. VA may find service related issues relevant to a certain area and their effects on your life.
Strategies for Strengthening Your Deferred Claim
To overcome a delayed claim, it is crucial to strengthen the case by obtaining further evidence, undergoing an independent medical examination, and utilizing buddy statements. These strategies can help provide the VA with the necessary information to make a decision on the claim and increase the likelihood of approval.
Evidence can include medical records, statements from treating physicians, and other relevant documents. An IME is an examination conducted by a doctor who is not associated with the veteran’s care. This doctor can provide an unbiased opinion on the veteran’s condition.
Obtaining Further Evidence
Providing additional evidence can help establish service connection and support the effects of a medical condition on a veteran’s everyday life. Types of evidence that can be submitted to support a VA claim include medical records, service records, buddy statements, lay statements, doctor statements, and medical opinions.
By submitting supplementary evidence to corroborate their deferred claim, veterans can improve their chances of receiving a favorable deferred rating decision, which ultimately impacts their overall rating decision.
Independent Medical Examination (IME)
An independent medical examination (IME) conducted by a private doctor can provide valuable medical evidence to support a claim. The IME can also be referred to as a “Nexus Letter”. An IME is a medical evaluation conducted by a doctor who has no connection to the Department of Veterans Affairs, offering an impartial perspective in comparison to examinations conducted by VA medical professionals that could be subject to bias.
To obtain an IME, one must contact a private doctor or medical professional, and it may be possible to locate a doctor who specializes in the condition for which benefits are being sought.
Here are some options for a nexus letter doctor:
1) SabreMed
2) KDVMA
What do I need prior to requesting a nexus letter?
Prior to reaching out to these doctors, here are some of what they will need:
1) A current diagnosis and the medical records proving it.
2) Medical Records from recent treatment
3) A list of your current service connected disabilities and associated percentages
4) A C-File is preferred, but not required (this can take up to 1 year to receive)
5) A copy of your identification
6) A lay statement to go along with these records will help tremendously
Utilizing Buddy Statements
Buddy statements from fellow service members can serve as evidence to support a VA claim for a service-related disability. These statements provide confirmation to the VA that the veteran is experiencing a disability related to their service and can provide insight into the veteran’s symptoms, the degree of the disability, and how it impinges on the veteran’s daily life.
By utilizing buddy statements in their claim, veterans can provide supplementary evidence to corroborate their case and improve their chances of approval.
Navigating the VA claims process involves responding to VA requests for information, monitoring the progress of your VA disability claim, and understanding the difference between deferred and confirmed/continued claims. By effectively navigating the process, disabled veterans can increase their chances of receiving the VA disability benefits they deserve, including successfully managing their va disability claims.
Responding to VA Requests for Information
It is imperative to respond to VA requests for information in a timely fashion. The VA generally requests medical records, service records, and applicable Social Security benefits information, as well as a claim exam and evidence to corroborate the claim.
Providing the VA with pertinent information in a timely fashion can facilitate the claims process and lead to a determination.
Monitoring the Progress of Your Claim
Monitoring the progress of your claim can help you stay informed and prepared for any additional requests or updates from the VA. You may ascertain the status of your claim, decision review, or appeal online by signing in with Login.gov, ID.me, DS Logon, or My HealtheVet.
Additionally, you can contact the VA by dialing 800-827-1000 for any questions or concerns regarding your claim.
Success Stories: Veterans Who Overcame Deferred Claims
Learning from the success stories of veterans who overcame deferred claims can provide valuable insights and strategies for others facing similar challenges. By understanding the strategies employed by these veterans, you too can strengthen your deferred claim and increase the likelihood of receiving the disability benefits you deserve.
These strategies may include gathering evidence to support your claim, such as medical records, statements from doctors, and other relevant documents. Additionally, you may need to provide additional information to the VA, such as a name.
Case Study 1: Overcoming Insufficient Evidence
In our first case study, a veteran faced a deferred claim due to insufficient evidence. To overcome this challenge, the veteran submitted additional documentation and medical records to support their claim.
By addressing the lack of evidence and providing the necessary information, the veteran was able to receive a favorable determination and secure the disability benefits they deserved.
Case Study 2: Utilizing IME and Buddy Statements
In another success story, a veteran utilized an independent medical examination and buddy statements to strengthen their deferred claim. The IME provided unbiased medical evidence, while the buddy statements offered personal accounts of the veteran’s service-related disability and its impact on their daily life.
As a result, the veteran’s claim was ultimately approved, granting them the disability benefits they needed.
Summary
In conclusion, overcoming a delayed VA claim is possible with the right strategies and perseverance. By understanding the causes of delayed claims, effectively navigating the VA claims process, and employing tactics such as obtaining further evidence, undergoing independent medical examinations, and utilizing buddy statements, you can strengthen your claim and increase the likelihood of receiving the disability benefits you deserve. Remember, every success story begins with the determination to overcome challenges and the hope for a better outcome.
Frequently Asked Questions
Do deferred VA claims get approved?
Deferred VA claims have the potential to get approved, but in order to increase your chances, it is important for veterans to provide additional evidence and assistance to the VA Rater.
Working collaboratively with the VA Rater can improve your odds of having a deferred claim ultimately approved.
How do you know if your VA disability is approved?
You can determine if your VA disability claim has been approved by checking the status of your claim online, contacting your local VA regional office, calling 1-800-827-1000, or contacting us online through Ask VA.
Once you have received a response from the VA, you will know whether or not your claim has been approved.
What VA claims are automatically approved?
The VA presumes that veterans who served in certain circumstances or during certain times were exposed to hazards which led to them developing conditions. This automatically grants them disability compensation, without requiring them to go through a lengthy claims process.
How long does it take for the VA to approve or deny a claim?
On average, it takes the VA approximately 134.4 days to decide whether or not to approve a claim. This timeframe can be extended if certain factors come into play, such as the type of claim filed or the need for an appeal hearing.
Ultimately, it is important to stay in contact with the VA throughout the process.
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