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Tdiu - Bipolar, Secondary To Tbi?

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One Devil Dog

Question

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

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I hope this helps up some with my experience. I filed for PTSD, Bipolar secondary, MDD secondary. I was awarded 70% and in the BBE they stated "the PTSD and Bipolar" so based on that they took both into account with the rating decision. But they will not give a separate rating for each one. But it did help in the overall picture of my status. So without the Bipolar being separate I may have been rated at 50%, but then again I didn't have Bipolar symptoms until I was having flashbacks and such.

The doctors say that Bipolar can get worse if you have PTSD because it is often triggered by stress...hence the double consideration, but not two different ratings.

Now to the next question I think you had about TDUI. I just got notified about the 70% rating, but the BBE says that the TDIU is still pending. I haven't worked since last June so I am keeping my fingers crossed. I am also applying for SSDI per this website's information which I am very greatful for. I filed for SSDI in December 2014 and has soon has I got the 70%, I faxed it to the SSDI case person that I was assigned. I asked if it would help any and he acted like it wouldn't and just said he would it add it to the medical file. Whatever that means.

Hope this helps some

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Thank you for the insight. It sounds like you're staying on top of things. I too applied for SSDI and was denied twice so I have a local lawyer working on it and just received notice of an ALJ Hearing, so I'm confident that things will work out there.

Waiting 5 months now on the VA to make their decision on the bipolar and the TDIU. The lawyer says she'd like to get involved there also if I have any problems - so, we'll see. Lawyers work on contingency of 25% of award, with a max payout of $6,000 (from backpay lump-sum). If it leads to a life-long benefit, for me, it's worth it.

From what I've seen on this site and others, the key to this whole deal is persistence in the face of frustration - not to quit. Bipolar tends to throw the emotions I feel about this process around some, but I keep doing the next indicated thing and try not to obsess on the results.

Good luck to you.

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