BIPOLAR DISORDER (MANIC-DEPRESSIVE PSYCHOSIS)

Summary

The veteran, who served in the United States Air Force from August 2010 to August 2016, appeals the reduction of her bipolar disorder rating and seeks an earlier effective date for her increased rating, TDIU, DEA, and SMC housebound benefits. The Board found the reduction of the bipolar disorder rating from 50% to 30% was improper, as improvement in the veteran's ability to function under ordinary conditions was not properly established. The Board restored the 50% rating and granted a 70% rating for bipolar disorder, finding the evidence supported this higher evaluation from November 23, 2021. The Board also granted TDIU effective November 23, 2021, based on the severity of the bipolar disorder and the veteran's inability to secure substantially gainful employment. Additionally, the Board granted DEA and SMC housebound benefits effective November 23, 2021, as the veteran met the criteria for permanent and total disability and the underlying conditions supported these benefits. The case involved a duty to assist error identified during a Higher-Level Review, leading to the current appeal.

Rationale

Restoration of 50% rating warranted due to lack of improvement in veteran's ability to function.; Evidence supports 70% rating due to symptoms like suicidal ideation, near-constant anxiety, and memory impairment.; Earlier effective date for 70% rating granted due to continuous pursuit of claim.

Full Decision Text

Citation Nr: A26039422
Decision Date: 04/28/26	Archive Date: 04/28/26

DOCKET NO. 251113-607006
DATE: April 28, 2026

ORDER

Restoration of the Veteran's bipolar disorder I and adjustment disorder with anxiety (collectively "bipolar disorder") from 50 percent to 30 percent effective March 1, 2022, was improper. Restoration of the 50 percent rating is granted.

A disability rating of 70 percent for bipolar disorder effective November 23, 2021, is granted.

Entitlement to a total disability rating based on individual unemployability (TDIU) effective November 23, 2021, based solely on service-connected bipolar disorder is granted.

Entitlement to Dependents' Educational Assistance (DEA) effective November 23, 2021, is granted.

Entitlement to special monthly compensation (SMC) based on housebound effective November 23, 2021, is granted.

FINDINGS OF FACT

1. Improvement in the Veteran's bipolar disorder had not occurred at the time of the decision decreasing the disability rating.

2. From April 27, 2022, the Veteran's bipolar disorder manifests in occupational and social impairment, with deficiencies in most areas, such as work, school, family, relations, judgment, thinking, or mood.

3. The Veteran's service-connected bipolar disorder prevents her from obtaining and maintaining substantially gainful employment consistent with his education and employment history effective April 27, 2022.

4. Basic eligibility to DEA benefits began no earlier than November 23, 2021.

5. The Veteran has been granted a TDIU based solely on her bipolar disorder and has a combined disability rating of at least 60 percent for additional disabilities.

CONCLUSIONS OF LAW

1. The criteria for restoration of the Veteran's 50 percent rating for bipolar disorder have been met.  38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 3.344, 4.104, Diagnostic Code (DC) 9432. 

2. The criteria for a disability rating of 70 percent for bipolar disorder effective November 23, 2021, have been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.1, 4.3, 4.7, 4.126, 4.130, DC 9432.

3. The criteria for a TDIU effective November 23, 2021, have been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 3.155, 3.400, 4.16.

4. The criteria for an earlier effective date of November 27, 2023, for basic eligibility to DEA under 38 U.S.C. Chapter 35 have been met. 38 U.S.C. § 5110; 38 C.F.R. §§ 3.400, 3.807.

5. The criteria for SMC at the housebound rate have been met.  38 U.S.C. § 1114(s); 38 C.F.R. § 3.350.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty in the United States Air Force from August 2010 to August 2016.

Although the Veteran initially requested Higher-Level Review when submitting the December 2024 VA Form 20-0996, Decision Review Request: Higher-Level Review, the Higher-Level Reviewer determined that there had been a duty to assist error and transferred the claim to the Supplemental Claim decision review option for additional development. The AOJ subsequently issued a decision in April 2025.

In the November 2025 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Direct Review docket. Therefore, the Board may only consider the evidence of record at the time of the April 2024 AOJ supplemental claim decision on appeal. 38 C.F.R. § 20.301. If evidence was submitted after the AOJ issued the supplemental claim decision on appeal, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.301, 20.801. 

If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claim(s),
 of the April 2024 AOJ supplemental claim decision on appeal. 38 C.F.R. § 20.301. If evidence was submitted after the AOJ issued the supplemental claim decision on appeal, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.301, 20.801. 

If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claim(s), considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision. 

Recently, the case of Williams v. McDonough, 37 Vet. App. 305 (2024), held that the Board must refrain from deciding a case until the case proceeds to the point where a docket switch is no longer permitted under the terms of 38 C.F.R. § 20.202(c)(2). In this case, the Board is fully granting the benefit sought on appeal. As a matter of law, the Veteran cannot get an effective date earlier than that being granted in this decision.  Therefore, the Board may proceed in adjudicating the appeal.

Bipolar Disorder

Reduction

The Veteran's bipolar disorder was rated as 50 percent disabling under DC 9432. In December 2021, the AOJ reduced the Veteran's bipolar disorder rating to 30 percent.

Where the reduction in the rating of a service-connected disability is considered warranted and the lower evaluation would result in a reduction or discontinuance of compensation payments currently being made, a rating proposing the reduction or discontinuance will be prepared setting forth all material facts and reasons.  38 C.F.R. § 3.105(e).  The Veteran was notified of the proposed reduction of her disability rating in accordance with 38 C.F.R. § 3.105(e).  

The 50 percent rating was in effect from November 2019.  The reduction was effective December 2017. Therefore, the rating was effective for less than 5 years. As a result, the regulations governing stabilization of disability evaluations found in 38 C.F.R. § 3.344(a) and (b) are not applicable. 38 C.F.R. § 3.344(c). Instead, reexaminations disclosing improvement will warrant a reduction in rating. Id.

Under DC 9432, a 30 percent rating is assigned for occupational and social impairment, with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily, with routine behavior, self-care, and conversation normal), due to such symptoms as: depressed mood, anxiety, suspiciousness, panic attacks (weekly or less often), chronic sleep impairment, mild memory loss (such as forgetting names, directions, recent events). Id. 

A 50 percent evaluation is warranted where the disorder is manifested by occupational and social impairment with reduced reliability and productivity due to such symptoms as flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short- and long-term memory for example, retention of only highly learned material, forgetting to complete tasks; impaired judgment; impaired abstract thinking; disturbances of motivation and mood; difficulty in establishing and maintaining effective work and social relationships.

A 70 percent evaluation is warranted where the disorder is manifested by occupational and social impairment with deficiencies in most areas, such as work, school, family relations, judgment, thinking or mood due to such symptoms as suicidal ideation; obsessional rituals which interfere with routine activities; speech that is intermittently illogical, obscure, or irrelevant; near-continuous panic of depression affecting the ability to function independently, appropriately, and effectively; impaired impulse control, such as unprovoked irritability with periods of violence; spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances, including work or a work-like setting; and an inability to establish and maintain effective relationships.

The criteria listed above serve as examples of the type and degree of the symptoms effects that would justify a rating and are not meant to be an exhaustive list. Mauerhan v. Principi, 16 Vet. Ap. 436, 442-44 (2002).  Social and occupation impairment must be due to the symptoms listed for that rating level, "or others of similar severity, frequency, and duration."  Vazquez-Claudio v. Shinseki, 713 F.3d 112, 114 (Fed. Cir. 2013).


 neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances, including work or a work-like setting; and an inability to establish and maintain effective relationships.

The criteria listed above serve as examples of the type and degree of the symptoms effects that would justify a rating and are not meant to be an exhaustive list. Mauerhan v. Principi, 16 Vet. Ap. 436, 442-44 (2002).  Social and occupation impairment must be due to the symptoms listed for that rating level, "or others of similar severity, frequency, and duration."  Vazquez-Claudio v. Shinseki, 713 F.3d 112, 114 (Fed. Cir. 2013).

The Veteran's 50 percent rating was based on a February 2018, VA examination. The Veteran was found to experience manic episodes that presented through increased talkativeness, increased self0esteem/grandiosity, decreased need for sleep, increase in goal-directed activity, increase in energy level, irritability, racing thoughts, poor attention, and increased risk-taking behaviors. Additionally, the Veteran experienced a depressive episode that presented in depressed mood, changes in sleep, changes in eating, fatigue or lack of energy, loss of pleasure in activities once enjoyed, restlessness or slowing down, feelings of guilt or worthlessness, indecision or difficulty concentrating, and thoughts of suicide. The Veteran reported that she has decreased frustration tolerance and increased irritability as well as near constant symptoms of anxiety where she feels restless, nervous, and fearful. She also reported panic attacks that occur 3-4 times per week. The examiner noted the Veteran to suffer from depressed mood, anxiety, panic attacks that occur weekly or less often, near-continuous panic or depression affecting the ability to function independently, appropriately and effectively, and chronic sleep impairment. Further, the examiner noted the Veteran to have impairment of short- and long-term memory, for example retention of only highly learned material, while forgetting to complete tasks. Lastly, the examiner found the Veteran to also suffer from disturbances of motivation and mood, difficulty in establishing and maintaining effective work and social relationships, difficulty in adapting to stressful circumstances, including work or a work like setting, and suicidal ideation. Based on the above, the examiner found the Veteran to have occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, or symptoms controlled by medication. 

In July 2021, the Veteran underwent another VA examination for her bipolar disorder. At the examination the Veteran reported that she was unemployed since March 2020. The Veteran reported episodes of manic twice a month, impaired sleep, feeling anxious and restless. The Veteran also reported depressed episodes that manifest in low interest and motivation. The examiner noted the Veteran to suffer from depressed mood, anxiety, chronic sleep impairment, and disturbances of motivation and mood. The Veteran was found to be alert, oriented in all three spheres, in good hygiene with good eye contact. Her mood was congruent to thinking, affect was appropriate with no psychosis or mania noted. The Veteran also denied any suicidal ideation. Based on the above the examiner found the Veteran to have occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks, although generally functioning satisfactorily with normal routine behavior, self-care and conversation. 

In any rating reduction, the VA must determine that an improvement in a disability has occurred, and that it reflects an improvement in a veteran's ability to function under the ordinary conditions of life and work. Brown v. Brown, 5 Vet. App. 413, 421 (1993). Though the Veteran was found to have less symptoms of bipolar disorder in her July 2021 examination when compared to her February 2018 examination, this alone is not sufficient to show improvement in the Veteran's ability to function. The Veteran was still unemployed which she attributes to her bipolar disorder. The Veteran also reported feeling debilitating anxiety throughout this entire period. The Board finds this evidence to show that there was no improvement in the Veteran's ability to function under the ordinary conditions of life and work.  

Because improvement of the Veteran's bipolar disorder under the ordinary conditions of life and work was not properly established when the rating reduction was implemented, restoration of the previously assigned 50 percent rating is warranted.

Increased Rating and Effective Date

The Veteran was subsequently granted an increased 70 percent rating effective July 19, 2024, in a November 2024 rating decision. The Veteran argues that this rating is warranted prior to the July 19, 2024, effective date. For the following reasons the Board agrees.

Continuous Pursuit of Claim

The general rule with respect to effective date of an award of increased compensation is that the effective date of award "shall not be earlier than the date of receipt of the application thereof."  38 U.S.C.
 the Veteran's bipolar disorder under the ordinary conditions of life and work was not properly established when the rating reduction was implemented, restoration of the previously assigned 50 percent rating is warranted.

Increased Rating and Effective Date

The Veteran was subsequently granted an increased 70 percent rating effective July 19, 2024, in a November 2024 rating decision. The Veteran argues that this rating is warranted prior to the July 19, 2024, effective date. For the following reasons the Board agrees.

Continuous Pursuit of Claim

The general rule with respect to effective date of an award of increased compensation is that the effective date of award "shall not be earlier than the date of receipt of the application thereof."  38 U.S.C. § 5110(a).  This statutory provision is implemented by regulation that provides that the effective date for an award of increased compensation will be the date of receipt of claim or the date entitlement arose, whichever is later.  38 C.F.R. § 3.400(o)(1).

Further, the Board notes that the review period ended on the date the rating decision on appeal was issued. The Board will be looking back at least one year prior to when the Veteran's claim was received, as an increased rating can have an effective date up to one year prior to the date the claim was received if there is evidence that there was an increase in severity. 38 C.F.R. § 3.400(o)(2).

Continuous pursuit of a claim or an issue can be achieved by timely and properly filing an appropriate review option, generally within one year of an AMA decision.  38 C.F.R. § 3.2500(c).  If a claim is continuously pursued, it will be considered filed as of the date of the first claim in the continuously pursued chain, not the date the most recent request for review was received.  38 C.F.R. §§ 3.400, 3.2500(c).

For supplemental claims received more than one year after the date on which the AOJ issues notice of a decision, the effective date will be fixed in accordance with the date entitlement arose but will not be earlier than the date of receipt of the supplemental claim. 38 C.F.R. § 3.2500 (h)(2).

The AOJ, as discussed above, in September 2021 issued a proposed rating reduction for the Veteran's bipolar disorder. This proposed reduction was later effectuated in a December 2021 rating decision. The Veteran filed a supplemental claim for an increased rating for her bipolar disorder in November 2022 in response to the December 2021 rating reduction. Subsequently, the AOJ issued a rating decision in July 2023 continuing the Veteran's 30 percent rating. The Veteran then filed another supplemental claim in July 2024 claiming an increased rating was warranted. The AOJ issued a rating decision in November 2024, granting a 70 percent rating effective July 2024. The Veteran requested a Higher Level Review (HLR) of the November 2024 decision in December 2024. The AOJ issued an HLR decision in January 2025 noting a duty to assist error. The AOJ corrected these errors and issued the rating decision presently on appeal in April 2025. As the Veteran has continuously pursued their claim the earliest effective date for the Veteran's claim is November 23, 2021, one year prior to the Veteran's supplemental claim for restoration of the Veteran's bipolar rating as well as an increased rating for the same. 

Increased Rating

Disability ratings are determined by applying the criteria set forth in VA's Schedule for Rating Disabilities.  The percentage ratings are based on the average impairment of earning capacity and individual disabilities are assigned separate diagnostic codes.  38 U.S.C. § 1155; 38 C.F.R. § 4.1.  Any reasonable doubt regarding a degree of disability will be resolved in favor of the veteran.  38 C.F.R. § 4.3.  The Board may consider whether separate ratings may be assigned for separate periods of time - a practice known as "staged ratings," - whether or not the claim concerns an initial rating.  Fenderson v. West, 12 Vet. App. 119, 126-27 (1999); Hart v. Mansfield, 21 Vet. App. 505 (2007).

As discussed above, the Veteran's bipolar disorder is rated under 38 C.F.R. § 4.130, DC 9432. A 70 percent disability rating is warranted when there is occupational and social impairment with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant
 ratings," - whether or not the claim concerns an initial rating.  Fenderson v. West, 12 Vet. App. 119, 126-27 (1999); Hart v. Mansfield, 21 Vet. App. 505 (2007).

As discussed above, the Veteran's bipolar disorder is rated under 38 C.F.R. § 4.130, DC 9432. A 70 percent disability rating is warranted when there is occupational and social impairment with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a work-like setting); and inability to establish and maintain effective relationships. Id.

A 100 percent rating is warranted for a mental disorder when there is total occupational and social impairment due to such symptoms as gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; and memory loss for names of close relatives, own occupation or own name. Id.

When evaluating a mental disorder, the rating agency shall consider the frequency, severity, and duration of psychiatric symptoms, the length of remissions, and the veteran's capacity for adjustment during periods of remission. The rating agency shall assign an evaluation based on all the evidence of record that bears on occupational and social impairment, rather than solely on the examiner's assessment of the level of disability at the moment of the examination.  When evaluating the level of disability from a mental disorder, the rating agency will consider the extent of social impairment but shall not assign an evaluation solely based on social impairment.  38 C.F.R. § 4.126.

As discussed above, the Veteran was granted a 70 percent disability rating effective July 19, 2024, in the November 2024 rating decision currently on appeal. Upon review of the evidence, the Board finds that a higher 70 percent rating is appropriate prior to the current July 19, 2024, effective date. The Veteran underwent a VA examination in February 2018. The examiner found the Veteran to have occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, or symptoms controlled by medication. Notably, the examiner noted that the Veteran had thoughts of suicide during depressive episodes as well as a decreased frustration tolerance and increased irritability. Further, the examiner noted the Veteran to have near constant anxiety. See C&P Exam, February 2018.

VA treatment records note the Veteran's symptomatology to continue as described in the February 2018 VA examination. In an April 2022 note, the Veteran described an increased frequency of symptoms. These symptoms included racing thoughts, intrusive thoughts, disturbed sleep, headaches. The Veteran also reported hath she feels like she is not in control. The Veteran also notes that she was admitted in 2016 for suicidal ideation. See April 2022 VA Treatment Record.

In June 2022 the Veteran was found to have difficulties with sleep, anxiety, panic attacks and being excessively worried about several routing things that are present most days. The Veteran described findings it difficult to control their worries, increased energy, and flights of ideas. See June 9, 2022, VA Treatment Record.

In October 2022 the Veteran reported feeling low motivation and having difficulty with relationships with her family. See October 6, 2022, VA Treatment Record. Further in January 2023, the Veteran reported issues with skin picking as a result stress and anxiety. When confronted with this issue by her family, the Veteran reported it only caused her to pick at her skin more. See January 30, 2023, VA Treatment Record. 

Overall, the record shows the Veteran to have symptomatology consistent with a 70 percent rating from November 23, 2021, the earliest effective date available to the Veteran.  

A 100 percent rating, however, is not warranted. The Veteran has not been shown to be unable to perform activities of daily living or disoriented to time or place.  On the contrary, all of the VA examinations conducted during the period on appeal specifically noted that the Veteran was dressed appropriately, and was oriented to person, place, time, and purpose. Further, the Veteran denied hallucinations, delusions and thought disorders. Neither the Veteran nor her representative has argued that the Veteran's PTSD
 January 30, 2023, VA Treatment Record. 

Overall, the record shows the Veteran to have symptomatology consistent with a 70 percent rating from November 23, 2021, the earliest effective date available to the Veteran.  

A 100 percent rating, however, is not warranted. The Veteran has not been shown to be unable to perform activities of daily living or disoriented to time or place.  On the contrary, all of the VA examinations conducted during the period on appeal specifically noted that the Veteran was dressed appropriately, and was oriented to person, place, time, and purpose. Further, the Veteran denied hallucinations, delusions and thought disorders. Neither the Veteran nor her representative has argued that the Veteran's PTSD warrants a 100 percent rating, but rather that the 70 percent rating should have an earlier effective date.

In summary, the evidence shows the Veteran to have has occupational and social impairment consistent with a 70 percent rating. Therefore, a 70 percent rating is warranted effective November 23, 2021.

TDIU

The Veteran is presently in receipt of a TDIU effective July 19, 2024. The Veteran contends that they are entitled to an earlier effective date. For the following reasons the Board agrees. 

Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: provided, that, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. 38 C.F.R. § 4.16(a). The Veteran presently has a combined disability rating greater than 60 percent, and, with the above grant, the Veteran has at least one disability rated at 40 percent or more. Therefore, the schedular criteria for a TDIU are met.

Where a veteran meets the schedular criteria for consideration of unemployability under 38 C.F.R. § 4.16(a), the only remaining question is whether the veteran is unable to secure or follow a substantially gainful occupation as a result of his service-connected disabilities.

Marginal employment shall not be considered substantially gainful employment. For purposes of this section, marginal employment generally shall be deemed to exist when a Veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Employment in a protected environment means "a lower-income position that, due to the veteran's service-connected disability or disabilities, is shielded in some respect from competition in the employment market." LaBruzza v. McDonough, 37 Vet. App. 111, 123-24 (2024). Consideration shall be given in all claims to the nature of the employment and the reason for termination. 38 C.F.R. § 4.16(a).

The central inquiry is "whether service-connected disabilities alone are of sufficient severity to produce unemployability." Hatlestad v. Brown, 5 Vet. App. 524, 529 (1993). The level of education, special training, and previous work experience may be considered as part of a TDIU claim. Age or impairment caused by nonservice-connected disabilities may not be considered when determining whether such a total disability rating is warranted. See 38 C.F.R. §§ 3.341, 4.16, 4.19; Van Hoose v. Brown, 4 Vet. App. 361 (1993).

In this case, the Veteran last reported working in March 2020 as a desserts chef. The Veteran reported that her place of employment closed because of the COVID-19 pandemic and hasn't worked since. The Board finds that the record shows ample evidence of the Veteran's being unable to secure substantially gainful employment. The Veteran's records repeatedly note throughout the appeal period, bouts of anxiety and panic attacks that last for days. Further, the February 2018 VA examination found the Veteran to issues with frustration tolerance as well as increased irritability. Lastly, treatment records show the Veteran having issues coping with anxiety as well as not feeling in control. 

Entitlement to a TDIU is granted based upon the findings discussed above, which are supported by the evidence of record. As the Veteran is unemployed, not marginally employed, the lack of information
 Veteran reported that her place of employment closed because of the COVID-19 pandemic and hasn't worked since. The Board finds that the record shows ample evidence of the Veteran's being unable to secure substantially gainful employment. The Veteran's records repeatedly note throughout the appeal period, bouts of anxiety and panic attacks that last for days. Further, the February 2018 VA examination found the Veteran to issues with frustration tolerance as well as increased irritability. Lastly, treatment records show the Veteran having issues coping with anxiety as well as not feeling in control. 

Entitlement to a TDIU is granted based upon the findings discussed above, which are supported by the evidence of record. As the Veteran is unemployed, not marginally employed, the lack of information about his income does not prohibit the Board from granting the claim. Accordingly, after resolving all doubt in favor of the Veteran, the Board finds that entitlement to a TDIU based solely on the Veteran's bipolar disorder is warranted. 38 U.S.C. § 5107; Lynch v. McDonough, 21 F.4th 776, 782 (Fed. Cir. 2021) (en banc); 38 C.F.R. § 3.102.

DEA

Survivors' and Dependents' Educational Assistance under Chapter 35, Title 38, of the United States Code, is a program of education or special restorative training that may be authorized for an eligible person, such as a surviving spouse, if the applicable criteria are met.  See 38 U.S.C. §§ 3500, 3501; 38 38 C.F.R. §§ 21.3020, 21.3021.  Basic eligibility for certification of DEA exists if the Veteran was discharged from service under other than dishonorable, or died in service, and either (1) has a permanent total service-connected disability, or (2) a permanent total service-connected disability was in existence at the date of the Veteran's death, or (3) died as a result of a service-connected disability, or, if a service member (4) is on active duty as a member of the Armed Forces and, for a period of more than 90 days, has been listed by VA concerned as missing in action, captured in line of duty by a hostile force, or forcibly detained or interned in the line of duty by a foreign government or power.  38 C.F.R. § 3.807.

The Veteran was awarded eligibility to DEA effective July 19, 2024, based upon the finding that the evidence showed permanent and total disability. Since the effective date for DEA benefits was directly predicated on finding that the Veteran had a permanent and total disability due to service-connected disabilities, and because of the above grant of an earlier effective date for TDIU, the Board finds that the Veteran is in receipt of a 100 percent combined disability rating effective November 23, 2021. Accordingly, an earlier effective date of November 23, 2021, for DEA benefits is granted.

SMC Based on Housebound

SMC at the housebound rate is payable by law when a veteran has a single service-connected disability rated at 100 percent and additional service-connected disabilities independently ratable at 60 percent. 38 U.S.C. § 1114 (s); 38 C.F.R. § 3.350 (i).

(Continued on the next page)

?

As noted above, the Veteran has been granted a TDIU based solely on her service-connected bipolar disorder. An award of a TDIU predicated on a single disability may form the basis for an award of SMC. Bradley v. Peake, 22 Vet. App. 280 (2008). The Veteran has been awarded a TDIU based solely on her service-connected bipolar disorder and has a combined rating of at least 60 percent for her other service-connected disabilities. Therefore, the Veteran meets the statutory criteria for SMC at the housebound rate. 

 

 

JOHN Z. JONES

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Jorge Barroso, Counsel

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.