hypertension Inferred Issues and Ancillary Benefits

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Source:  

M21-1MR, Part III, Subpart iv, Chapter 6, Section B 

Inferred Issue:

 An inferred issue is derived from the consideration or outcome of related issues. Often the primary and inferred issues share the same fact pattern.

 

If …	Then infer entitlement to …
a total and permanent service-connected evaluation is established   on a schedular basis, or based on entitlement to individual unemployabilityThe table below shows examples of inferred issues.   Note: In general, infer an issue only when entitlement can be granted. Do not put a benefit at issue merely to deny it.   Exceptions: Consider the following inferred issues in all applicable ratings, regardless of whether benefits are granted or denied: a ten percent evaluation under 38 CFR 3.324, and service connection for hypertension as secondary to diabetes mellitus with diabetic nep	Dependents’ Educational Assistance.   Note: Also infer entitlement to Dependents’ Educational Assistance whenever permanency of a total evaluation is subsequently established. Do not put entitlement at issue merely to deny it.   Reference: For more information on determining entitlement to Dependents’ Educational Assistance, see M21-1MR, Part IX, Subpart ii, 2.1.
there is a severe degree of disability involving   the loss or loss of use of an extremity or sensory organ, or any other functional loss providing entitlement to SMC.	SMC.
a single 100 percent evaluation is assigned in a compensation or pension case	A&A.   Note: Do not put A&A benefits at issue if the evidence does not show entitlement.

a single 100 percent evaluation is assigned in a compensation or pension case, and A&A is not payable

Housebound.   Note: Do not put Housebound benefits at issue if the evidence does not show entitlement.

If …	Then infer entitlement to …
retroactive disability pension is not claimed, but a qualifying disability may exist	retroactive benefits.   Note: Advise the claimant that retroactive benefits may be payable.   Reference: For more information on retroactive pensions, see 38 CFR 3.400(b)(1)(ii)(B).
a pension claimant fails to meet the schedular requirements for permanent and total disability	extra-schedular consideration under 38 CFR 3.321(b)(2).
a veteran has   no compensable evaluation(s), and more than one non-compensable evaluation(s)	a ten percent rating under 38 CFR 3.324.   Important: This benefit must be considered in all applicable ratings, including confirmed ratings, even when entitlement is denied.
a claim for service connection is denied for a psychosis based on wartime service, or any mental disorder based on Gulf War service.   Reference: For information on periods of war, see 38 CFR 3.2.	treatment under 38 U.S.C. 1702.
there is a reasonable probability that the veteran’s death may be SC whether from disease injury, or self-infliction, and a claim for death benefits is received	DIC.

Some types of ancillary benefits are

 

• Dependents’ Educational Assistance under 38 U.S.C. Chapter 35

• specially adapted housing under 38 CFR 3.809

• special housing adaptation grants under 38 CFR 3.809a

• automotive and adaptive equipment under 38 CFR 3.808

• vocational rehabilitation and employment (VR&E), and

• loan guaranty for surviving spouses under 38 CFR 3.805.

 

Reference: For more information on ancillary benefits, see M21-1MR, Part IX, Subpart i.