VA has a duty to sympathetically read all claims and consider every possible benefit to which you might be entitled based on the evidence in your file. This means VA should not narrowly interpret your claim to deny benefits you could qualify for. If your evidence reasonably raises a claim for a benefit you did not specifically request, VA should consider it. For example, if you file a claim for a knee condition and the evidence shows you also have a related hip condition, VA should consider whether service connection for the hip is warranted as well. If your evidence suggests you cannot work due to your service-connected disabilities, VA should consider whether TDIU is appropriate even if you did not file a specific claim for it. This duty also extends to selecting the most favorable diagnostic code for your condition. If your disability could be rated under more than one diagnostic code, VA should choose the one that results in the highest rating, as long as it accurately reflects your condition. The duty to maximize applies throughout the claims process and at every level of review. If you believe VA failed to consider a benefit you might be entitled to, raise the issue in your appeal. This duty is a fundamental part of the pro-veteran nature of the VA claims system.
Note: This article references sections of the VA's M21-1 Adjudication Procedures Manual. The VA periodically reorganizes the M21-1 and section numbers may have changed since this article was written. For the most current section references, visit the VA's public M21-1 Web Automated Reference Material System (WARMS).