What To Do If Your Va Claim Is Deferred
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What is a Deferred Decision in a VA Disability Claim.
What to do if your va claim is deferred. When you have received a deferred claim status you will want to contact the VA for any actions you can take to improve your claim. Make sure they give you specific action steps. If your claim for VA disability has been denied or deferred or if you believe the VA has not properly rated your disability call us at Cuddigan Law for a free no-obligation evaluation of your case. What to Do After Your VA Claim is Deferred A deferral can be seen as a stepping stone to a new decision.
The general policy at VA is to go ahead and do the decision on the knee if the claim is going to be granted and defer the shoulder. First VA notifies you that your claim has been deferred. The VA had enough evidence to approve one claim deny the other but not enough make a decision either way on your headaches. Once this process is complete VA will issue a new decision.
If the VA instead called it a delayed decision there would likely be far less confusion. I filed some appeals shortly afterwards and continued to do my homework. If you only had one claim pending through the VA they would not send back a deferment. Last week I was surprised and happy to see that the VA had increased me to 80 deferred a few claims that THE VA itself submitted on my behalf and is Preparing for Decision on two claims that had been on appeal.
The best advice we can give is to refrain from assuming a deferred decision is either good or bad. Do not simply rely on what you believe you should do. Make sure they give you specific action steps. From there VA will take the necessary steps to further develop your claim.
In this notice VA will identify the reason for the deferral. The deferred claim just means its still in progress. This is referred to at VA as deny and defer and they arent supposed to do it. Instead they would just wait until they were able to either approve or deny the claim before they would send you anything.
That is why getting solid legal advice from an accredited VA attorney is a sensible idea. This process begins with VA notifying you that your claim has been deferred typically in a Rating Decision from your local Regional Office. Usually it is delayed for further development like ordering an exam for the condition that is deferred. It is unfortunate but VA disability claims can get complicated.
However if the knee issue is going to be denied they will generally not do anything until the needed evidence is of record. Additionally you might submit further evidence in support of your claim. It really just means that the decision is delayed. When you have received a deferred claim status you will want to contact the VA for any actions you can take to improve your claim.
Do not simply rely on what you believe you should do. Videos you watch may be added to the TVs watch history and influence TV. You have to wait on the letter to see why they denied the two before you can amount a successful appeal diagnosis is only part of a claim you might need an in service event nexus or chronicity. For instance when you filled for benefits you may have filed for VA Disability Depression Back Pain Headaches and bilateral both left and right Hip Pain.
A deferred decision in a VA Disability Claim just means that the decision is delayed. In this decision VA should identify the reason for the deferral. Be mindful and be patient of the tedious tasks that take into consideration If using a VSO be patient with their knowledge and ask questions that will help you through the process If a CP exam is requested research on how to.