If the VA denies a veteran's claim, it generally indicates something is missing in their application process or that their C&P examination did not contain enough evidence to get the disability benefits. If stuck in such a situation, you can challenge the VA's decision and potentially obtain their ruling modified to approval.
The C&P examination is among the most crucial elements in filing your disability benefits claim. If a veteran doesn't take the C&P exam, their claim will be denied by default.
However, it does not indicate their case is closed. A veteran can reopen their disability claim by making another request for the C&P exam.
What Is A VA Claim Deferral?
In certain cases, the VA neither denies nor approves your VA claim application to obtain disability benefits. It indicates that VA has deferred your disability claim.
A VA claim deferral means the VA is missing some critical details required to reach a conclusive decision about the disability claim. If you're stuck at that point in your claim process, it does not mean your application is on the way to being rejected completely.
You can use a few effective ways to get a better result after the VA deferred your claim.
When the VA defers your claim, it means they have "most likely" done so due to insufficient medical evidence to support your claim or a lack of proof that your VA disability or injury is service-connected. Without that information, the VA cannot rule conclusively and decide against or in favor of your claim.
At this stage of your claim process, the VA will ask you to provide them with further evidence to move forward with your application.
Independent Medical Exam Can Help You Get Approval
When you require more significant evidence for the VA to approve your disability benefits claim, one effective way to do that is through an IME (independent medical exam). In the IME, a private medical professional or doctor not linked to the VA will conduct your examination, similar to a VA's C&P exam. After the doctor has obtained results from that examination, they will compile a statement. They can then show this statement to the VA as evidence to support your VA claim.
If you're experiencing a psychological disorder, you may still get your IME to assist you in moving forward in your VA claim process.
In the IME for your psychological issue, a mental health professional will assess you and, if possible, confirm that your VA disability is legit and directly connected to the military.
The VA must know that your current disability is diagnosable, verifiable, and objectively related to an injury or event that occurred during your service. An independent medical examination will help veterans verify it to the VA, but there's more that they can do to get approval.
Buddy Statements Will Help Too
If you have to provide further evidence to the VA to obtain your VA claim approved, getting testimonials from the people who served with you during your time in the military or people familiar with your illness or disability is among the ideal ways.
Refers to as "buddy statements," the testimonials are used to verify to the VA that some eyewitnesses will confirm that the veteran has a military service-connected disability.
The VA considers these types of buddy statements as evidence that can alter the result of your claim. You must gather information from your fellow military personnel and other trusted people that can help support your VA claim and get you closer to receiving the benefit you deserve.
