tdiu Tdiu - Bipolar, Secondary To Tbi?

[One Devil Dog]

First - thanks for reading.

I'm a Marine Corps vet who served 86'-90' Gulf
> War era. I had three head injuries during my time in service. Two were I
> guess what would be considered minor - a few stitches with each, and then a
> car wreck needing 20 stitches. I also had a documented head injury prior to
> service.
> During the 2000's I was having mental health and alcohol-related
> problems that led to homelessness and visits to VA facilities for treatment
> and psyche meds. In 2005, I filed for and was approved for NSC Pension for
> bipolar disorder. I made some attempts to return to the working world in
> those first few years of the pension and finally stopped working altogether.
> This (stopping work) coincided with my getting sober (4/24/2011) and
> stabilizing my mental state.
> This year, I was reading the news and saw where the VA was adding 5 new
> conditions to TBI, one being depression. I went to the local VSO and filed a
> TBI claim and it was approved for 50% this past September.
> I immediately filed a claim for (bipolar, secondary to TBI, Sleep apnea
> disorders {this says (new), but I filed originally as - secondary to TBI},
> and TDIU (new). This is what it looks like on ebenefits. Apnea was diagnosed
> 12/13.
> These claims are currently consolidated and "Under Review" in the tracking
> bar.
> I guess I have a few questions:

> 1.) Do you think they will attach the bipolar to the TBI with the new rule?

> 2.) With my current rating not meeting the usual percentage requirement for
> TDIU, do you think they will rate the bipolar, add it to the 50% and then
> consider the TDIU?

> 3.) Per the requirements for my NSC Pension, I am 100% p&t. Can the line be
> drawn to that in a nexus?

> 4.) How long do you think the process will take? I did file a
> fully-developed claim and ask on ebenefits for them to make a decision now
> (they have a spot to click on ebenefits).
>

I've been here many times to read, but this is my first post.

> Thanks again,

- One Devil Dog

[One Devil Dog]

Any experienced insight on my case is greatly appreciated.

[Mikemmlj]

Some in depth questions in a very unique case. I think you may have gotten few responses because of that. Are you 100% P and T now? Or on a pension with 50% service connection? Do you get meds and services through VA?

[Berta]

"1.) Do you think they will attach the bipolar to the TBI with the new rule?"
If a medical doctor states the nexus via a C & P exam or a n IMO.

> "2.) With my current rating not meeting the usual percentage requirement for
> TDIU, do you think they will rate the bipolar, add it to the 50% and then
> consider the TDIU?"

If you reach 70% SC they will send you the TDIU form.

> "3.) Per the requirements for my NSC Pension, I am 100% p&t. Can the line be
> drawn to that in a nexus?"

Possible but pension requirements are different from direct SC awards.

Not enough info here to know

What does the pension rating sheet show as to the ratings you have for TBI?

Do you get SSDI or SSI?

If so what is it for?

> 4.) How long do you think the process will take? I did file a
> fully-developed claim and ask on ebenefits for them to make a decision now
> (they have a spot to click on ebenefits)."

Others can take a guess on that. I hesitate to guess on any timelines.

It sounds like you have gone over the newest TBI ino here.

Did you claims the scars?

[One Devil Dog]

Mike,

I'm permanent and total through my pension. I'm hoping they'll attach the new SC TBI (@50%) to the bipolar (which is why I'm on the pension), see me as already permanent and total and approve the TDIU. Best case. As far as the healthcare, everything is covered by the VA. - I just moved from Priority 5 to Priority 1, but things were pretty good already there, so I don't think that will change much.

When I received my award letter in September, they gave me the choice to either stay on pension (1054.00) or take the 50% @ (836.13). Can't have both at the same time. So, I'll stay on pension until my SC rating passes that number.

[One Devil Dog]

Berta,

Thank you for the insight. I filed for SSDI immediately after my award letter arrived. I cannot collect SSDI and Pension together, but I can collect the 50% SC (836.13) and SSDI together (around 1,100) = 2,000 a month. Hoping TDIU comes through. I already received a denial from SSDI and have submitted a reconsideration. If that's denied, it'll be time for a lawyer. So, those are the irons in the fire right now.

Thanks again.

[Berta]

Why did the SSDI deny?

Reconsideration is often a good move.

Been there done that.....it was to reconsider a SSDI award, for what was at that time a NSC disability ....not a denial.

It was to reconsider my husband's 30% SC PTSD. that they never considered at all in the award letter.

And some SSA lawyer said we didnt have a chance. I called him up a few months later to tell him he lost over 4 thousand bucks. The new SSA retro was over 17 thousand.

The good point is that, after we talked for quite some time, he said he would never look at a PTSD SSDI application the same way again.

The SSA award was changed to solely for PTSD with a very favorable EED. Three years after my husband died the VA awarded him posthumously for the PTSD at 100% P & T .

Twenty years after the original NSC CVA award EED , they (VA)awarded posthumously for the original NSC CVA Stroke,but under 1151.and they had to pay.

We have to do whatever it takes.And leave no stone unturned.

Edited February 11, 2015 by Berta