Is Having Your TDIU Claim Deferred Bad News?
CCK Law: Our Vital Role in Veterans Law
Having your TDIU claim deferred is not necessarily bad news.
What Does a Deferral Mean?
A deferral is neither an approval nor a denial. By issuing a deferral, the U.S. Department of Veterans Affairs (VA) is essentially placing a hold on your claim and requiring further development to be completed before making a decision.
Why Did VA Defer My TDIU Claim?
The same reasoning applies when VA defers your claim for Total Disability Based on Individual Unemployability (TDIU). Generally, it means VA lacks all of the evidence necessary to make a decision. At this point, VA will obtain the information it needs in order to issue a new decision. In certain cases, you might be asked to provide additional information. Overall, a deferral calls for your claim to be fully developed before moving forward.
VA might also defer your claim for TDIU if it is based on multiple service-connected disabilities. In this case, VA might have enough evidence regarding some of your service-connected conditions and their impact on employment, but not others. As such, a deferral is issued in order to gather the necessary information.
Example of a TDIU Deferral
Imagine you are service-connected for post-traumatic stress disorder (PTSD). All of your medical evidence clearly indicates the severity of this condition. However, there is no evidence to suggest this condition impacts your ability to secure and maintain substantially gainful employment.
Here, VA might defer your TDIU claim until additional evidence is gathered to show the effect of your PTSD on your employability.
What Happens Next After a TDIU Claim Deferral?
A deferral is a stepping stone to a new decision. Here is what happens next.
First, VA notifies you that your claim has been deferred. In this notice, VA will identify the reason for the deferral. From there VA will take the necessary steps to further develop your claim. Additionally, you might submit further evidence in support of your claim.
Once this process is complete, VA will issue a new decision. Importantly, if VA does request certain information and you do not provide it, VA may decide based on the incomplete information that is available.
Questions About VA Disability and TDIU? Call Chisholm Chisholm & Kilpatrick LTD at 800-544-9144 for a Free Case Evaluation
The Chisholm Chisholm & Kilpatrick LTD veterans law team is highly qualified and capable of helping you with your VA claims. To speak with one of our team members, call our office today at 800-544-9144.
