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az arr

Decision - SOC -% disability benefits?


I requested a set percentage on my NOD (I now know in the future to say "the maximum amount authorized").  When my NOD is decided granting the % I "requested" will an SOC be issued?

I will attempt to explain:  Shoulder injury. The ranges of shoulder disabilities are 10-90% (however, as no amputation or other conditions, the maximum is probably 50%).  I wrote on my NOD that I think I am entitled to 30%.  

When the DRO makes a ruling, if she grants 30%, will she also issue a SOC?- or if I want to contest 30% and ask for 50% will I have to a.) file another NOD, or b.) ask them to prepare a SOC? Does an SOC get issued no matter what if the maximum per schedule is not awarded, or only if the maximum I request is not awarded? 


Thanks in advance.

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Asking, "What will the VA do when..." is like asking what the weather will be in 2019...nobody knows, and especailly not VA.  


When the Veteran files a NOD, the VA is required to issue a SOC whenever the benefit disputed is not awarded.  As you pointed out, the VA is supposed to consider the maximum benefit allowable by law.  

However, its kind of a moot point.  The VA will either grant the benefit requested OR issue an SOC in its denial.  As to what happens if they award less than the max, that is, whether they will issue a "regular" decision or an SOC with a partial grant, its anybodys guess, but it wont matter too much to you.  You can appeal an SOC or you can appeal a RO decision.  The RO appeal is a NOD, while the SOC is appealed with an I9.  

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