1. General Information On Partial And Deferred Rating Decisions

[Guest allan]

1. General Information on Partial and Deferred Rating Decisions

Introduction

This topic contains general information about partial and deferred rating decisions, including

when to make a partial rating decision

improper use of a partial rating

when to use a deferred rating

assigning compensable evaluations while deferring other issues

action to take on a case deferred for further development, and

action to take on a reopened claim.

Change Date

December 13, 2005

a. When to Make a Partial Rating Decision

Make a partial rating decision if the record contains sufficient evidence to grant any benefit at issue.

b. Improper Use of a Partial Rating

Do not use a partial rating to

deny one claim when resolution of another issue is pending examination or receipt of other evidence

assign a noncompensable evaluation if only compensation is at issue, or

deny service connection for cause of death if development is being undertaken for another condition that is possibly involved.

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.

Continued on next page

1. General Information on Partial and Deferred Rating Decisions, Continued

d. Assigning Compensable Evaluations While Deferring Other Issues

Grant a compensable evaluation for disabilities, if possible, even though the issue of service connection for other disabilities or entitlement to a higher evaluation must be deferred.

Grant an increased evaluation immediately, even though a rating under paragraph 28, 29, or 30 of the rating schedule may require deferral for proper certification.

Note:

Identify the deferred issues both in the conclusion and in the narrative of the decision, and

provide a brief description of the reason for the deferral in the narrative.

e. Action to Take on a Case Deferred for Further Development

If the rating activity returns a case for further development with regard to the issue of service connection for cause of death,

request the indicated evidence

award pension benefits if entitlement is established and an award was not made prior to submission of the case to the rating board, and

establish a 60-day control for submission of the requested evidence.

Result: If the requested evidence is

received, resubmit the case to the rating board for a formal decision, or

not received within 60 days and no additional time is requested, resubmit the case to the rating board for a decision based on the evidence of record.

f. Action to Take on a Reopened Claim

If a reopened claim with new evidence is received, route the previously denied case to the rating activity.

SOURCE:

http://www.warms.vba.va.gov/admin21/m21_1/...6/ch06_seca.doc

Edited December 6, 2006 by allan