How Long Does a Deferred VA Claim Take?
When it comes to filing a claim with the U.S. Department of Veterans Affairs (VA), veterans often find themselves navigating a complex process that can vary in length, depending on several factors. Among the terms that veterans often encounter in the claims process is “deferred claims.” But what exactly does this term mean, and more importantly, how long does a deferred VA claim take?
In this article, we will explore the concept of deferred VA claims, the typical timeline for these claims, and the factors that can influence the length of time it takes to resolve them. Understanding these elements can help veterans manage their expectations and plan accordingly when they are waiting for a decision on their VA claims.
What is a Deferred VA Claim?
A deferred claim occurs when the VA determines that it needs additional information or documentation before it can make a decision on a veteran’s disability claim. Instead of denying the claim outright or approving it without sufficient evidence, the VA defers the decision to allow time for further review.
In essence, a deferred claim is like a temporary hold. The VA may request more medical evidence, ask for an additional examination, or require further clarification on certain aspects of the claim. During this deferral period, the veteran will not receive a final decision, and the claim is typically put in a holding pattern until the requested information is provided and reviewed.
The VA Claims Process Overview
To better understand how long a deferred VA claim might take, it’s helpful to first outline the general VA claims process. This process involves several stages, and at each stage, the length of time can vary depending on the complexity of the case and the efficiency of the VA.
- Initial Claim Filing: The veteran submits a claim for disability benefits through the VA. The claim can be filed online, through the mail, or at a local VA office. This stage can take several weeks to months depending on the veteran's situation.
- Review of the Claim: Once the VA receives the claim, it will review the veteran’s service records, medical history, and other supporting evidence. If the claim is complete and no further information is needed, the VA will begin processing it.
- Medical Examination and Evidence Gathering: The VA may schedule a Compensation and Pension (C&P) exam, which is an essential step in the claims process. Additionally, the VA will gather any medical records, service records, or other documentation that is required to substantiate the claim.
- Deferral or Additional Information Request: At this point, if the VA feels that more evidence is needed or that further clarification is required, it may defer the decision. In this case, the VA will send the veteran a notification requesting the necessary documents or a new examination.
- Decision: After the VA reviews all the evidence, it will make a decision about the claim. This decision may result in an approval, a denial, or a partial approval, depending on the evidence presented.
- Appeals Process: If the veteran disagrees with the decision, they can appeal. An appeal may result in further delays and additional reviews.
How Long Does a Deferred VA Claim Take?
There is no set timeframe for how long a deferred VA claim will take. However, we can break down some general timelines and factors that influence the process.
- Time to Request Additional Evidence or Exams - When the VA defers a claim, it typically means that they need more information to move forward. The timeline for this step can vary, but in general, the VA will notify the veteran of the deferral and what is needed. Once the veteran submits the requested documents or attends the required exams, the VA will begin the process of reviewing the new evidence. This process can take anywhere from a few weeks to a few months.
- Processing the Additional Information - After the VA receives the requested documents or examination results, it can take anywhere from 30 to 90 days to process the new information. During this time, the VA will review the new evidence, and if it is sufficient, the claim may move forward. However, if further clarification is needed, additional requests may be made, which can prolong the process.
- Complexity of the Claim - One of the biggest factors affecting how long a deferred claim takes is the complexity of the claim itself. Claims involving multiple disabilities, extensive medical records, or unclear service connections may take longer to resolve. Additionally, if the veteran has a complicated medical history or if there are discrepancies in the records, the VA may need more time to investigate and verify the details before making a decision.
- Backlog and VA Resources - The VA is known for having a large backlog of claims, which can contribute to delays. Even though the VA has made strides to improve processing times in recent years, veterans can still experience extended wait times due to resource limitations. Depending on the volume of claims the VA is processing at the time, a deferred claim may be delayed further simply because of the overall workload at the VA.
- Appeals and Reconsiderations - If a deferred claim results in a decision that is not favorable to the veteran, or if the veteran disagrees with the VA’s assessment of the additional evidence, they may decide to appeal the decision. The appeals process can significantly extend the timeline, with some appeals taking months or even years to resolve.
Typical Timeline for a Deferred VA Claim
While the exact length of time can vary, a deferred claim typically adds several months to the overall process. For example, if the VA defers a claim to request additional medical evidence or examinations, the process could be extended by 3 to 6 months. In cases where multiple rounds of additional evidence are required, the timeline could stretch even further.
As a general rule of thumb, veterans can expect a deferred VA claim to take anywhere from 6 months to a year before a final decision is made. In some complex cases, this timeline can be even longer, particularly if the claim involves appeals or complications that require additional reviews.
How to Expedite the Process
While the VA claims process can be slow, there are a few steps veterans can take to help expedite the resolution of their deferred claims:
- Submit Complete and Accurate Information: The more complete and accurate the information you provide at the start of the claims process, the less likely the VA will need to request additional evidence. Ensure all medical records, service records, and supporting documentation are included in your initial submission.
- Respond Promptly to Requests: If the VA defers your claim and requests additional information, respond as quickly as possible. The sooner you provide the necessary documents or attend scheduled exams, the faster the VA can process your claim.
- Stay in Contact with the VA: Regularly check the status of your claim using the VA’s online portal or by contacting a VA representative. Staying informed can help you anticipate potential delays and keep your claim on track.
- Consider Working with a Veterans Service Organization (VSO): VSOs can help guide veterans through the claims process, ensure that the claim is properly documented, and advocate for the veteran if delays or issues arise.
Conclusion
In conclusion, a deferred VA claim can take anywhere from a few months to over a year, depending on various factors such as the complexity of the claim, the amount of evidence required, and the workload of the VA. While the process may feel lengthy, staying proactive and maintaining open communication with the VA can help expedite the process. Patience and thoroughness are key when navigating the sometimes intricate VA claims system.
If you're feeling uncertain about the status of your VA claim or need help navigating the deferred claims process, don't hesitate to reach out to a professional for guidance. Schedule a consultation with us today to get personalized assistance and ensure your claim is handled efficiently.
