In recent months, our Veterans have been receiving more and more Rating Decisions that include at least one “deferred” issue. This can happen for several reasons, but it is usually because VA has obtained the information to decide some, but not all, issues in a claim.
A typical scenario unfolds like this: A Veteran files a claim for a total disability based on unemployability (TDIU) and alleges that (1) her service-connected claims have worsened and should be rated at a higher percentage and (2) that she cannot work because of her service-connected impairments.
The VA may look at the Veterans claims and medical records and immediately determine that some impairments are not eligible for increase. For example, the maximum rating for tinnitus is 10%, so it is highly unlikely that an increase would be warranted. Other claims may require additional medical examinations or opinions. In a case like this, the VA may issue a Rating Decision continuing the rating for tinnitus at 10% while deferring the other claims for increase and TDIU for further development.
In such a case, the rating for tinnitus is final and can be appealed. The other issues remain open pending final workup and an additional decision. When a Veteran receives a rating decision with deferred issues, she can expect additional exams and at least one other rating decision.
If you have any questions about VA benefits, the qualified Veterans’ Disability attorneys at Gardberg and Kemmerly want to help in any way possible. Gardberg and Kemmerly is committed to helping injured and disabled Veterans obtain the benefits they deserve. If you need help with a disability claim, call our office at 251-343-1111 or 1-800-332-1529 for a free consultation. Gardberg and Kemmerly is proud to serve Veterans across the country from our home office in Mobile, Alabama. We would love an opportunity to discuss your claim.
