Deferred

[jan]

what does claim deferred mean? I recived a partial statement from the DAV and recieved 0% for sinusitis, denied for migraines and bronchitis. SMR is full of sick calls on all three. They deferred

the fracture of left wrist. I guess I should never have filed for any of these.

[Ron II]

what does claim deferred mean? I recived a partial statement from the DAV and recieved 0% for sinusitis, denied for migraines and bronchitis. SMR is full of sick calls on all three. They deferred

the fracture of left wrist. I guess I should never have filed for any of these.

I believe it means that the VA has yet to make a decision on that part of your claim and will do so at another date.

Here is what M21-1mr states:

c. When to Use a Deferred Rating

Use a deferred rating when

• the rating activity receives a claim that is underdeveloped or incomplete and requires additional development, or
  
• considering the issue of service connection in a death case while granting Dependency and Indemnity Compensation (DIC) benefits under some other provision of the law, such as 38 U.S.C. 1318.
  

Note: It is proper to prepare a rating decision granting service connection for the cause of discharge due to disability in a case where there is less than 90 days of service, if Death Pension entitlement is otherwise shown.

Ron

Edited February 8, 2008 by Manitou Sprgs

[jbasser]

Jan, dont give up. Now is the time to file a NOD. It is also time to get an IMO for the migraines and other issues and use it as evidence. When you get the IMO, take all the records and the IMO doc will review them and put it together.

The VA is counting on you to give up. You would be amazed at the number of Vets who actually do. Disgusted Vets get tired of the crap and just quit dealing with it.

Dont quit. Dig harder. Show them your in it to win it.

J

[jan]

When I turned in my papers for the migraines, sinusitis, bronchitis I sent IMO's. The hands also

were injured in service. They say it was not service connected. This was the "tiger team" out of Cleveland, Ohio. I wonder why they didn't take the physicians word for it. I think they are all blind and only see what they want to. Now I am waiting for my PTSD rating. It will be 0% and thats when I am going to my congressman. I had a Gaf of 50 on my C&P. I really don't plan on giving up. I have only time on my hands.

[Dale Jr. 8]

jbasser has given you some sage advise. All government programs work like this. They either deny you or give you a low% and hope that you will either go away or be happy with the 10% even though you may be entitled to 30% by the regulations. Soc Sec Disability works the same way. They deny most people once. On the second go round most get denied again. When it goes to the Law judge most get approved. You would be surprised how many people go away and forget it after the first denial. Keep fighting and every thing will shake out as it sahould and you will get what you have earned and are entitled to. DJ8