Deferred Disabilies

You should proactively take action to ensure the VA completes its review of your remaining deferred conditions, as a deferred status means the VA requires additional evidence or examinations before rating those specific issues, and delays can occur. Under 38 CFR 3.159(b), the VA has a duty to assist, but you retain the responsibility to make sure your claims file is complete. First, immediately check the decision letter for the rated condition (which will list the deferred issues) and your VA.gov claim status for any pending exam requests. If exams for the remaining two conditions were not scheduled, you should promptly submit a "Statement in Support of Claim" (VA Form 21-4138) via QuickSubmit, stating you have not been scheduled for examinations on [list the specific deferred conditions] and request the VA fulfill its duty to assist by ordering the necessary exams, citing 38 CFR 3.159(c). Concurrently, gather and submit any relevant private medical records that directly support those claims to avoid further development delays. The principle from *Buckingham v. Shinseki* reinforces that the VA cannot indefinitely defer a claim without pursuing obvious development; your action prompts them to fulfill this obligation. Continue to monitor the claim weekly and if 60 days pass without action, contact the VA’s White House Hotline (1-855-948-2311) or your VSO to request expedited processing.

*This information is for educational purposes based on general VA procedures and is not legal or medical advice. For guidance specific to your claim, consult an accredited VA attorney or claims agent.*