Medically UNEXPLAINED Presumptive Conditions VA Disability Claims For Gulf War Era Veterans
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- Опубликовано: 8 сен 2024
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Presumptive list PDF: www.benefits.va.gov/BENEFITS/factsheets/serviceconnected/presumption.pdf
PACT Act info va.gov: www.va.gov/resources/the-pact-act-and-your-va-benefits/
- Clay
Thankfully I’m at 90% thanks to the Pact Act
This is the GOOD of the PACT Act
- Clay
The crazy part is, you can be diagnosed with headaches in service, diagnosed again in a C&P exam, served in Desert Storm, and still be denied!!!
Let me see that redacted decision letter in the FB group.
- Clay
I have the exact same situation, reason for denial was chronicity
That makes no sense. I’ve seen people with no diagnosis in service and get up to 50% for migraines. (That did not see combat) Did you get help filing? Or did you do it by yourself?
I have absolutely no records of headaches in service no medical nexus linking it to anything and I got 30% initially and just got it bumped to 50%. Not sure why so many people have issues. I also just got 50% for MDD with Insomnia again with no nexus, treatment records while in service or anything. Other than lay statements, spouse, and self statements.
I have seen approvals for people who were in the region only, not in country, get high ratings for these same ailments. Makes you wonder!
I've been off and on at the VA for over 10 years with complaints relating to chronic fatigue. Scheduled an exam with the gulf war/burn pits registry and was diagnosed with CFS, and IBS and migraines all in that one visit. She even told me to file for those so i can get paid lol
There we go! Gotta keep at it and submit those claims.
- Clay
Over the years I've struggled with fatigue, sinus issues, gastrointestinal issues, frequent headaches and shortness breath (just to name a few). It took me years and numerous claims to be granted IBS, rhinitis, and headaches, with all being rated separately of each other. Still fighting for some other issues
Lets remember though someone has 100%, then one has an issue, it's not about the money, it's about the quality of care, famous description is "you are getting old".
For clarity, undiagnosed illness is a cluster of symptoms under 38 CFR 3.317. MUCMI is different in that it is a diagnosed illness but is medically unexplainable. Some auto presumptive include chronic fatigue syndrome, fibromyalgia, and functional gastrointestinal disorders such as chronic constipation, chronic diarrhea, and irritable bowel syndrome.
Other diagnoses can also be granted as MUCMI if the VA examiner provides that the diagnosis is not of a clear or partially understood etiology. This is how migraines and other diagnoses can be granted. It is not automatic.
Thank you for the clarity!!!
- Clay
You bet. I appreciate you always brother. Great video!
They still play games with IBS and they seem to ignore the presumptive factor.
MUCMI's are a bit different but I've yet to see a presumptive be denied with the exception of the Veteran submitting a claim without a dx.
- Clay
I was going to try and be the first one to comment when you released this right now, but some people commented on this literally yesterday.
I’ll have my glory. Even if it’s the last thing I do.
S.N. Imma text you bud
Membership big dawg 😂
- Clay
“VA stuff” = nurse practitioners who were coached to deny . Seems like every C&P exam come down to the luck of the draw . If you get a real doctor your chances are better . Nurse practitioner = good luck . Did 3 C&Ps , 2 nurse practitioners with attitudes to the one doctor who knew what he was talking about and was very friendly and open to GWS. Take a wild guess which one approved the claim . Good luck to all veterans dealing with the VA system
The absolute truth!! Had 5 NP all denied, finally 1 dr, got approved. Took 2.5 years of appeals.
I have had better experiences with NPs than PAs
Wait, They allow nurse practitioners do the C&P? I thought they MUST be a doctor???
I have GERD, denied. My first instance was recorded in the first six months of service. They gave me that blue drink, Malox? I tried it, didn’t work so I stopped asking for help. I dealt with it. Fast forward it got a lot worse, decades of dealing with it, I took other medications but stopped those after years. I filed again, showed my record of being diagnosed in the military, even provided a buddy letter. Denied as the said I didn’t complain enough and it was a short term condition that was addressed. I filed back in the 90’s, filed again in late 2000s, no hope in getting this acknowledged by the VA. I have IBS as well on top, which seems worse now. I was not in the Gulf. Any advice? If not that’s fine. I appreciate your video. Respectfully--Douglas
Clay, just had my hlr. It took a whole 30 seconds for the person to say they don't know why I was rated 10 for ibs, they said it was obvious I should be at 30 and was looking through records for effective dates
Evidence is king and this is a prime example of using evidence in your HLR. Solid and thank you for sharing.
- Clay
I recently had hlr for several issues. The main issue was changed quickly but the other issue was previously heard in hlr so person said can't change but will hear my argument off record and give advice. Funny enough I was happy with this hlr but then hlr called me back 10-15 minutes later told me some updated changes to conditions in my records that could benefit me and get me over hundo club. With change I'm sitting at 94 now. Or maybe it was just the wind whispering things in my ears .
Thanks for this, Clay! Developed a blood clotting problem after my time in Iraq. Trying to figure out a way to see if it's compensable. Called MTHFR and caused a massive stroke so I am now disabled but I can't really find research connecting it to burn pits or flight line toxic exposures.
Great stuff Clay👍. Thankful for you
Great info. Thank you!
Thank YOU!
- Clay
Thanks Clay! Except for the experienced ones…many “decision makers,” seem to have trouble understanding the impact of being stationed for certain period in a desert environment! The Sand is highly reflective of the Sun’s UV…either direct or indirectly (under a cover). The longer the exposure, the greater the risk of any number of illnesses!
Hi Clay u are right on point I was in the southwest Asia campaign on a Aircraft carrier. In the 90’s and I was granted SC for migraines presumptive unexplained condition. I read the evidence in my decision letter carefully!!!
It is amazing how they get a pass on true military wives and kids everything I wore came home.
Let's remember when one is diagnosed with an issue, they keep the veteran from their 2A right, driving, flying, a variety of things, the VA doesn't want to hear, the issue/issues cause problems in day to day life, they want to hear I'm on deaths door.
This is not true by any means. I guess a 2A video is needed. Stand by.
- Clay
@@TheCivDiv Won't do any good; it's all about the fear and retribution...
@@TheCivDivlol this is exactly why my brother in law refuses to say anything about mental health. He has PTSD but refuses to accept it or be seen for it because he loves his guns. I told my sister it doesn't matter and the only thing that might matter is if you're committed and even then idk if it matters but simply being diagnosed and treated for PTSD isn't going to take your guns away.
THANK YOU CLAY!!! How far back do you recommend we go with our evidence? My records go back to 2010-2014, but my PCP documents when the diagnosis started on my civilian medical record.
For SC, from service timeframe. For the undiagnosed illnesses here policy requires 6 months (minimum).
- Clay
Great Vid Clay! Thank you!
Thank YOU for being a member!
- Clay
Thanks for what you do! But could you give a little clarity on a couple of things. For the diagnosis, your doctor must specifically state and use the words this veteran has "CFS", "Fibro", "IBS" or state they have "an undiagnosed illness" because they have a constellation of symptoms such as muscle pain, joint pain and neurological symptoms? How many from this list are needed to rate such a diagnosis that a C&P examiner would say is valid? Or is one enough... like a neurological condition like Parkinson’s (Iraq vet not at Lejeune until summer 1988 who was exposed to burn pits in Iraq)? And what about the line immediately above that, "Any undiagnosed or diagnosed illness that warrants a presumption of service connection, as determined by the Secretary of Veterans Affairs."... any idea what the heck this is referring to as the Secretary is not in the loop on a given claim? I know you may not have the exact answer but can you point me in the direction to find out/read more? Thanks!
Undiagnosed illness just means there isn't a cause and this is for VA rating purposes. You need the dx and then you need to submit the evidence-based claim. No need to overcomplicate the process.
- Clay
I know you've done a great job on the insomnia and sleep apnea issues already. Is somnolence lumped into that in the proposed changes?
Muk-Me is how most VSO’s pronounce the MUCMI. 😊
Good to know lol
- Clay
Thanks for the video!!
Thanks TheCivDiv! I'm a Gulf War vet that is service connected for rhinitis, have a pending claim for sinusitis (diagnosed in-service and recently), etc. I have had a chronic cough and congestion issues but no clear diagnosis despite multiple visits to my private a VA doc. How would I file a claim for this? File as a MUCME?
You need a diagnosis of one of the ‘undiagnosed illnesses’ and just by reading that you could probably tell how difficult that is.
- Clay
@@TheCivDiv Forgive me, I have a hard time getting a diagnosis at all for this, let alone getting diagnosed with an ‘undiagnosed illnesses’
I’m rated for both
I applied for and received disability compensation for the presumptive conditions of rhinitis and sinusitis. With a current diagnosis of Chronic rhinitis and sinusitis, it was quick (by VA Standards) and easy.
The most confusing part of MUCMI claims, is by definition it’s “undiagnosed”…so how can we file for it with a proper diagnosis?
Undiagnosed illness just means the cause is unknown. So migraines due to head trauma would be ‘diagnosed’. It’s the undiagnosed piece that makes migraines fall presumptive.
- Clay
A few months ago I got migraines under MUCMI. Honestly I was surprised I got the rating.
Did you just sumbit the diagnosis or what
Yeah mine was a Supplemental claim since I had applied for headaches years ago. Submitted with new evidence (diagnoses, documented symptoms in medical records, and headache log) that was it.
Solid rating and solid method of SC. Thank you for sharing!
- Clay
PACT Act - boom.
- Clay
Here is another ISSUE that the VA creates which limits their POSITIVE findings for person who were exposed (1st hand, 2nd hand, 3rd hand, etc.) like the blood test Interleukin-6, Serum Test 140916 CPT 83529 ("ONLY TEST IN GULF WAR Veterans including Iraq and Afghanistan Veteran). Just as blue water Veterans who also had Agent Orange or children with birth defects of Veterans who were exposed. The children had to have been exposed to someone who was exposed (like my son who was born with Poland Syndrome but was denied because I was NOT a woman who served in Vietnam (aka Agent Orange in Okinawa exposure). The VA REFUSES to permit me to file claims for myself and my dependents because of the "RULE" (red tape, conditions, etc.) that the VA creates to limit who can file / claim benefits. My son would NOT have Poland Syndrome if I (or his mother who was not a service member and neither of us served in Vietnam).
Then, one needs to go through the additional board, above and beyond the normal board, VA job is to say no.
I got migraines SC as a MUCMI as well
I am using my wifes account lol
Nice! Definitely not common but that's a solid method of SC.
- Clay
I don't understand why they limit to those that are deployed. For example; maybe you were arrived at your permanent duty stationed at Ft. Bliss and the unit you were in JUST came back from Saudi Arabia. (or maybe you didn't go with your unit and stayed on base. There's always people in the rear. Not everyone gets deployed with their unit.) All the trucks and equipment gets inventory, cleaned, and PCMS. Who's to say that there isn't enough contaminate on the sand and dirt and crap on everything? All ya'll that been to the desert know your stuff gets filthy and caked in a coating of sand dust and other stuff. Now I understand this is a hypothetical situation, but what I'm saying is this should be considered as a possibility, and not so cut and dry due to locations.
Is it the anthrax jab?
I have no idea as that's not my expertise but the answer is...there isn't a cause so nobody knows.
- Clay
@@TheCivDivthey know it’s the anthrax vaccine. They will never admit it. Why do many veterans suffer from all sorts of illnesses whether or not they served in the theater?
I was diagnosed with Gerrd then denied because I didn't complain in service. What now do I do.
Hey clay I was just granted 70% PTSD and 50% Sleep Apnea I read the evidence in my decision letter and I know about all the veterans getting denied for OSA I’m trying to figure out why mine was granted I didn’t pay a doctor for a nexus maybe u will see why mine was granted and we can help our fellow veterans. Also I do have the Cpath from the Va. It was secondary to PTSD.
Correlating factors and an amazing C&P examiner
- Clay
I just got diagnosed with fibromyalgia by a rheumatologist (private). I'm already pact act connected w/sinusitis and rhinitis. So, a nexus won't be needed because fibromyalgia is a presumtive condition. But will the VA want/need a DBQ for fibro?
How does the pyramid work with rating all the separate conditions they lump into one mental health rating? For example: Insomnia/SSD secondary to currently rated DDD back injury, if already rated for different Mental Health?
Insomnia and SSD are mental health. It doesn’t matter what the nexus is.
- Clay
So is migraines a Pact Act presumptive or not? I was told by a RUclipsr that it is not but when I look at the actual Gulf War illnesses, it lists “headaches”. So please someone help provide clarity. I think what I read I’d correct and @Clay, here you seem to be establishing this as you state your friend received “migraines” which is a form of headache under MUCMI.
Migraines is a presumptive, when you file add notes to specify the presumptive mucmi pact act and your dates in effected area
Was diagnosed with sinusitis and rhinitis is the service and was able to get service connected under the pact act last year. Along with migraines that wasn't in my service record. Was granted sleep apnea with a cpap under those conditions last year. Been out since 97 and received those benefits last year. It was the first time applying for it. Hope you get what you deserve
Anyone saying migraines/headaches is presumptive under the PACT Act clearly does not understand what they are reading and are simply regurgitating false information. The answer is MUCMI which is definitely not 'presumptive' in the same sense as a traditional presumptive.
Who said this???
- Clay
This ^
- Clay
How many flights over these countries. I would have to look but I flew over some of them at least once, but that seems like a stretch for pact act connecting some of my diagnosis for va comp.
Can not tell you how difficult it is to get the VBA to understand any of what you just explained. I'm so tired of repeating myself over and over again.
It's complicated and tbh I had to leave a bunch of stuff out to make this digestible for the average viewer.
- Clay
I had a gulf war exam conducted by my C&P examiner 4 months ago. He diagnosed me with about 5 additional conditions not previously claimed. If I claim those conditions, do I have a chance of getting those service connected? Three of them were diagnosed during the C&P exam.
Mr. Civdiv I have a question, last year for hypertension the VA denied my claim for hypertension because I was taking medicine for my high blood pressure. Is it possible to get an actual percentage if the medication I take reduces the high blood pressure to normal levels?
You weren’t denied due to medication. You were denied due to 1 or multiple of the Big 3. Depends on why you were denied.
- Clay
I thought this included domestic as well such as UMATILLA CHEMICAL BASE
I don’t want to submit a Pact Act or Tera claim because I am afraid that they’ll trigger my intent to file for other issue.
Will my apply for PA and Tera mess up my effective date for other things intended?
I got 30% for Sinusitis because of the burning oil Wells.
Sinusitis being connected is due to location/time outlined by the PACT Act. 30% came from symptom severity.
- Clay
Have all the gulf war illnesses and diagnoses without being in the gulf. What should I do?
I’m confused…you have GWI/GWS yet you’ve never been deployed to the area? Explain…
- Clay
@@TheCivDiv I have all of the symptoms that other veterans have that served during desert storm and desert shield. There are many veterans that have chronic fatigue, IBS, headaches , etc that never stepped foot out of the states. I’ve been diagnosed with most of the presumptives not even setting foot in the gulf
@@itguru2037 hey man, for those conditions you would need the Big 3 as you do not qualify for the presumptive.
- Clay
@@TheCivDiv the big 3?
I have a diagnosis of migraines. Do I submit a claim and let the va figure out if it's presumptive or secondary to PTSD? I'm not sure how to submit this claim.
Submit as MUCMI or submit as secondary to PTSD?
I also have a diagnosis of cfs now so do I just submit my claim and evidence and they will determine it's mucmi? Thanks
If you meet the presumptive criteria, I would without a doubt submit those claims. There isn't a 'MUCMI claim' just submit the claim the VA will do the 'VA stuff'.
- Clay
Had someone tell me migraines dont fall under headaches in terms of va disability. Cause i have migraines diagnosed but no link to anything else. Have tinnitus sc but va said tinnitus and migraines are not medically related. So thinking maybe i can go the headache route
These are the same. I’m going to link a migraine evidence video that will put you on the right path: ruclips.net/video/Vd9uqszmS1Q/видео.htmlsi=RXVbp6WDLR2okAel
- Clay
My decision letters say at the top that I’m a gulf war veteran, I was in Japan/Okinawa twice? Am I still a gulf war veteran? I don’t understand
what if i have unexplained hermateria bleeding later after 20 years prostate
Is MUCMI considered a Mental Health condition or rated as a Physical Condition?
That question doesn’t make any sense
- Clay
@@TheCivDiv what I mean is…My understanding is all mental health condition are all lumped into one rating no matter how different each condition and symptoms are. Where as physical conditions are rated individually, even with their similarities. I wasn’t sure if most MUCMI conditions would rate under that lumped category of mental health.
Are "essential tremors" a MUCMI?
Why would you need a diagnosis if it is presumptive?
Because the VA says so and of note, MUCMIs aren’t presumptive
- Clay
@TheCivDiv if I were a Vietnam veteran exposed to Agent and my 214 places me in that AO, it is presumed my illness related to Agent hence that's the diagnosis
got my letter last week..for the 2 claims I submitted in Nov. 2023.....sinusites/tracheitis and bacterial skin infections...............and RATED at 0% officially by the VA.. its a start.. SHOULD I APPEAL THIS? now waiting for my high blood pressure C&P exam
The only way to appeal is if you have the evidence to show cause for a higher rating (HLR) or submit new evidence (supplemental).
- Clay
Still nothing on bosnia
Exactly ???
I was there and Somalia so that fits. Were you in Red Sea or Somalia?
Clay, when filing claim for itf can you mix increases with supplemental claims
Assuming your supplemental is passed that 1yr mark, yes. If it’s not, then the supplemental has its own effective date with that OG denial.
- Clay
@@TheCivDiv yes passed hlr expiration for supp and filing increases for others, just wanted to make sure I can put all on same claim for itf so I'm good through new effective dates
Has anyone claimed diabetes as an unexplained illness? If so, what is needed?
Any other Iraq vets having this or being able to get this
I'm an OEF veteran, and I was able to get
60% CFS
30% IBS
20% FIBROMYALGIA
I'm appealing the 20% for Fibromyalgia, I should've gotten 40%.
The veterans I've seen with any MUCMI, specifically migraines, have been Iraq. The other MUCMI's have been Shield/Storm.
- Clay
Respect.
- Clay