What does it mean when the VA defers part of the claim

[TugnTow]

My file says that I am rated at 60% based on 40% for the DDD with Lumbar Microdiscectomy, 20% Right Leg Radiculpathy with nerve Damage, and 10% Left Leg radiculpathy as I had stated earlier in another thread. I guess I overlooked it but they also list a deferred "Bilateral Upper Extremity Radiculpathy". I called the VA today to see what that meant but they said it would be explained in a letter that I haven't received yet. I assume this has something to do with the nerve study I had done but they said that the 60% disability was approved and the other was deferred. Does that mean they are looking at the possibility of rating that as well?

[pwrslm]

Upper extremity radiculopathy would have to come from thoracic or cervical spine

Thoracic is rated with the lumbar, but most of the time thoracic is not a problem, in the upper extremity radiculopathy...that comes from the cervical spine (See myotomes here)

I would wonder what the nexus that you gave them said about the upper extremity radiculopathy because it cannot be connected without an etiology that ties it as secondary to a primary SC condition (like you legs would be connected through your lumbar spine)

You will probably have to dig in to this and maybe get a new  nexus on the upper extremity radiculopathy to succeed. I would guess that's why it was deferred, but you will only be sure when you get the BBE (big brown envelope) in the mail.

Edited May 5, 2018 by pwrslm

[broncovet]

"Deferred" is a good thing, IMHO.  Lets take an example.  

You have applied for 4 disabilities, and 3 are ready to rate, and the fourth one still needs more development

(maybe they are waiting on medical records, for example).  So, rather than make you wait on ALL 4, they adjuticate 3 now, and "defer" (make you wait) on the 4 th one.  

Doesnt it make sense to you, if you are desperate for money, to get, say, 70 percent of it now, and something later, rather than nothing now and wait forever???

[EODCMC]

I agree with PW and Bronc. I would add however, to stay on top of this, especially if the deffer-ed claim no longer shows on E-ben nor Vets.gov. They can mistakenly close the deffer-ed claim and than it's difficult to get them to reopen it.

This happened to me. Probably an anomaly, but they reopened the wrong claim, none of the background files reappeared. Ultimately, they approved my claim, but the effective date became the date they reopened the claim. I am still correcting this with a NOD.

[Gastone]

Be sure your Direct Deposit Bank/Credit Union account is set up to Real-time Txt and Email you regarding ALL Financial Transactions. A Deferred Retro Deposit will hit well in advance of the actual Decision Letter.

[TugnTow]

They have already back payed me to the date of the original claim for the 60% and I was already in the system at 20% prior to that for years so the direct deposit shouldn't be a problem. I'm just anxious to see what the big brown envelope says...