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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Decision - SOC -% disability benefits?

Question

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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