If the Veteran does And Then … … not have… a single disability the disability is so award A&A. evaluated as 100 severe as to percent disabling, demonstrate a need for the combined A&A . but disability evaluation is 100 percent on the disease processes noted in M21-1, Part IV, Subpart ii, 2.H.8.b) a single disability the disability is so refer the case to evaluated as 100 severe as to Compensation Service percent (regardless of demonstrate the need (211B) for an advisory the combination) for A&A opinion requesting consideration for entitlement to A&A on an extra-schedular basis. For more Reference: information on requesting an advisory opinion, see M21-1, Part III, Subpart vi, 1.A.2. a single disability the disability does dispose of the issue by not evaluated as 100 demonstrate a need for explaining how this percent (regardless of A&A conclusion was reached the combination) in the of the Narrative rating decision. d. Considering If a single disability is evaluated as 100-percent disabling, consider Entitlement to entitlement to A&A or the Housebound rate as an inferred issue the only if A&A as an evidence shows that the benefit may be awarded. If the evidence does not Inferred show entitlement to SMC at the A&A or Housebound rate, do not raise either issue merely to deny it. e. Importance Make determinations of entitlement to SMC under on the basis of need of of Reasoning in regular A&A in light of the criteria contained in . Fully explain the reasoning Awarding SMC in the of the rating decision. Narrative Under 38 U.S.C 1114(l) When Considering The need to explain the reasoning is especially important in situations in Entitlement to which, under the rate under based on the need for A&A is to be used as one A&A Under 38 of the conditions that entitles the claimant to two or more of the rates (no U.S.C. 1114(o)
If the Veteran does not have… And … Then … a single disability evaluated as 100 percent disabling, but the combined disability evaluation is 100 percent on the disease processes noted in M21-1, Part IV, Subpart ii, 2.H.8.b) the disability is so severe as to demonstrate a need for A&A award A&A. . a single disability evaluated as 100 percent (regardless of the combination) the disability is so severe as to demonstrate the need for A&A refer the case to Compensation Service (211B) for an advisory opinion requesting consideration for entitlement to A&A on an extra-schedular basis. Reference: For more information on requesting an advisory opinion, see M21-1, Part III, Subpart vi, 1.A.2. a single disability evaluated as 100 percent (regardless of the combination) the disability does not demonstrate a need for A&A dispose of the issue by explaining how this conclusion was reached in the Narrative of the rating decision. d. Considering Entitlement to A&A as an Inferred If a single disability is evaluated as 100-percent disabling, consider entitlement to A&A or the Housebound rate as an inferred issue only if the evidence shows that the benefit may be awarded. If the evidence does not show entitlement to SMC at the A&A or Housebound rate, do not raise either issue merely to deny it. e. Importance of Reasoning in Awarding SMC Under 38 U.S.C 1114(l) When Considering Entitlement to A&A Under 38 U.S.C. 1114(o) Make determinations of entitlement to SMC under on the basis of need of regular A&A in light of the criteria contained in . Fully explain the reasoning in the Narrative of the rating decision. The need to explain the reasoning is especially important in situations in which, under the rate under based on the need for A&A is to be used as one of the conditions that entitles the claimant to two or more of the rates (no
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