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Waiting For A Tdiu Decision After Deferral

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MajorPsych

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Hi all,

I'm looking for some more experienced eyes to look over my situation and give me some advice/observations. I'll try to be concise.

I left the service (honorably) in 2001; in 2002 I was initially granted 20% (10% Knee pain/10% Finger crush injury) retroactive to my last day of service but denied a claim for Bipolar due to being asymptomatic at that time. I was OK for about three years and then my Bipolar symptoms worsened; I sought VA psych treatment and applied for an increase in Nov. 2005 which was granted at an additional 30% (all disabilities totaling 40%).

I was still in treatment through the VA for counseling and meds from 2005 on; in January 2009 I was removed from work by my VA psychiatrist at my request due to my worsening mental status. He obliged and took me out of work until November 2009. in July 2009 I filed for another VA increase and started an SSD claim due to worsening Bipolar symptoms, and I hired a lawyer for the VA portion (Mark Kujawski, who is great BTW). In August 2009, I was "let go" from my job for failing to report back from disability leave within six months.

In September 2009 I began college. I had to drop a class due to my poor sleeping patterns, but I did manage to complete 10 credits with an A- average. I am currently enrolled for 7 credits in the Spring.

In October 2009, an increase was granted to 70% for the bipolar (with disabilities at 80% total) effectiive to the date of application (July 09), and a deferral on TDIU and it's effective date. It also said "the condition is expected to improve, and will require follow-up examinations at a later date". I had to fill out a form, and I cant remember the reg number, that aksed me to outline my past jobs and the period of time that I lost from work due to my illness. I submitted it in early October 2009.

In November, I didn't have a job so I applied for and was granted unemployment (at $1300 a month). My lawyer wasn't concerned about this; he said he would "argue those merits with the VA if he needed to".

On January 4th 2010, I'm due to touch base with my VA psychiatrist.

It's now Dec 20th, and I'm getting antsy. Due to the nature of my personality and my illness, I'm now running a hundred different scenarios in my head. My questions are these:

-How much longer till I get a decision (in the ballpark)?

-Do things look good for a TDIU determination? If so:

-When will the effective date likely be? July 2009, or January 2009 (when I was originally taken out of work)? Or earlier? Later?

-Do my unemployment payments affect this at all?

-How about going to school (I don't use VA Voc. Rehab; but I do use NY's equivalent service, VESID)

-If I do get TDIU, how long until I'll need to go back for that "reexamination"?

-How would a TDIU determination factor into my SSD claim, if at all? (I've recently hired Binder and Binder to handle that portion).

-What do I say to my psych doc in January, since I haven't seen him since August (I moved to attend school and need to reestablish)? That I'm ready to work (I'm not), or what?

I know this is alot to answer, but I'm driving myself nuts, and I'm looking to you all to help me regain my focus in this matter. I appreciate all that you do, and I'm really looking forward to your assessment of my situation. Thanks in advance.

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