Non-Service Connected Disability Rating

[okie143]

I talked to a vet the other day and he said he was 60% SC and 40% Non SC for a total of 100% disabled. How does that work? Does he get paid at the 100% rate or just for the SC %?

He didn't go into details about his disabilities nor about his pay so I didn't pry.

[Flystone]

I am currently 60% SC. I have 3 other claims that are rated at 10% each as NSC. Can anyone explain to me what is going on? service rep had some thought of why , but not 100% THANKS!!! semper fi

[sharon]

Non service connected ratings are used for the granting of pension. The veteran can then chose the greater of the two benefits.

§ 3.701 Elections of pension or compensation.

top (a) General. Except as otherwise provided, a person entitled to receive pension or compensation under more than one law or section of a law administered by the Department of Veterans Affairs may elect to receive whichever benefit, regardless of whether it is the greater or lesser benefit, even though the election reduces the benefits payable to his or her dependents. Such person may at any time elect or reelect the other benefit. An election by a veteran controls the rights of all dependents in that case. An election by a surviving spouse controls the claims of all children including children over 18 and children not in the custody of the surviving spouse. The election of improved pension by a surviving spouse, however, shall not prejudice the rights of any child receiving an apportionment on December 31, 1978. Termination of a marriage or marital relationship which had been the reason for terminating an award of section 306 or old-law pension does not restore to the surviving spouse the right to receive section 306 or old-law pension. The claimant's entitlement, if otherwise established, is under the current provisions of 38 U.S.C. 1541.

(Authority: 38 U.S.C. 501) (b) Form of election. A statement which meets the requirements of an informal claim may be accepted as an election.

© Change from one law to another. Except as otherwise provided, where payments of pension or compensation are being made to a person under one law, the right to receive benefits under another law being in suspension, and a higher rate of pension or compensation becomes payable under the other law, benefits at the higher rate will not be paid for any date prior to the date of receipt of an election.

Edited August 27, 2010 by sharon

[JamesBreckenridge]

If he has a single 60 percent disability, he could qualify for Individual Unemployability and be getting paid at the 100 percent rate.

A lot of veterans are confused about just what they're SC for and at what levels.

We assign evals to NSC conditions when there is non SC pension involved. at some point in the process.

[Hoppy]

JamesBreckenridge

I would really appreciate your assistance with this question. You say they assign a rating for NSC conditions at some point in the process. Should the assignment of this rating for the NSC condition appear on the decision or will it only show up after a NOD is filed and appear on the SOC.

I am trying to figure out if a new diagnosis of a non service connected condition which appeared on the C&P exam resulted in a reduced rating of a previously rated condition. The veteran recieved a rating for a NSC pension then two years later was awarded service connection for the same condition. However, they reduced the rating for the service connected condition and I could not tell why it was reduced from the logic in the decision letter. I really feel like I am at a disadvantage in advancing the appeal based on the information on the decision. It would be nice if they showed all the rating for all diagnosed conditions on the first decision letter.

Edited August 27, 2010 by Hoppy

[JamesBreckenridge]

We are pretty liberal about granting NSC pension for wartime vets with 90+ days. It's not a lot of money. But it requires 100 percent. For purposes of NSC pension, they were probably over evaluated. When a condition is SC though, it has to be more properly evaluated.

His POA should have the "code sheet" which is the last part of the rating that shoes what's in the computer regarding his disabilities.

[Hoppy]

JamesBreckenridge,

Would the code sheet be on the computer at the RO if he went and talked to a benefits counselor? He recently fired the POA because he was not turning in evidence,