Inferred and Reasonably Raised Claims VA Must Consider
The sympathetic-reading principle
VA is required to read filings sympathetically and to determine all potential claims raised by the evidence, applying all relevant laws and regulations regardless of whether the claimant named them. A is not expected to plead a legal theory; the theory follows from the facts in the record.
TDIU under Rice v. Shinseki
- Where a for a higher rating is on file and the record raises unemployability caused by the service-connected condition, is part of that claim.
- No separate is required for the issue to be raised, though filing one strengthens the record.
- Evidence that raises it: statements that you stopped working, employer accommodations, a reduced schedule, SSA disability records, or a VA examiner's remark about occupational impact.
- Where was raised and never adjudicated, the question follows the underlying increased-rating , not a later TDIU filing.
Other commonly raised-but-unaddressed issues
is the most frequently missed of these because entitlement can arise from the combination of ratings VA has already assigned, without any new evidence at all.
- Secondary suggested by the medical evidence, where the record links a rated condition to another diagnosis.
- An extraschedular referral under 38 CFR § 3.321(b) where the schedular criteria plainly do not capture the disability picture.
- entitlement flowing automatically from the ratings assigned — (s) housebound and aid-and-attendance situations in particular.
- A separate rating for a distinct symptom that the rating criteria do not compensate, where 38 CFR § 4.14 does not bar it.
Check this against your own paperwork
| If your record shows this | What it means |
|---|---|
| You told VA you had stopped working, and the decision never mentions unemployability. | TDIU may have been raised and left unadjudicated under Rice. The effective date follows the rating claim. |
| A C&P examiner wrote that the condition affects your ability to work, and the decision is silent on it. | The examiner's own words raised the issue. That is record evidence, not argument. |
| You are rated 100% for one condition with a separate 60% or more. | Housebound-level special monthly compensation may arise from the ratings already assigned. No new evidence required. |
| Medical records tie a new diagnosis to a rated condition and no secondary issue was decided. | A reasonably raised secondary theory that was not addressed. |
Frequently Asked Questions
References & sources
Useful Tools & Topics
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Every veteran's facts are different. A free initial consultation with a VA-Accredited Claims Agent can tell you whether your matter is a fit for representation — and what the right next step looks like either way.
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Related guides
The Implicit Denial Rule
When silence in a rating decision counts as a denial — the Adams and Cogburn factors, and why the answer decides whether a claim is still pending.
SMC Overlooked or Denied — How to Appeal
VA is supposed to consider SMC automatically. When a rating decision misses SMC-K, SMC-S, or aid and attendance, here is how it gets raised and corrected.
DBQ Forms — Disability Benefits Questionnaire Library
What a DBQ is, the list of conditions with available DBQs, who can complete one, and how VA uses DBQs to apply the rating schedule under 38 CFR Part 4.
TBI VA Rating Guide (10/40/70/100)
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