1. Do I qualify as a Gulf War Veteran?
Only qualifying veterans can file a claim for Gulf War Syndrome under the regulation 38 C.F.R. § 3.317(a). A qualifying Gulf War Veteran is any current or former member of the United States Armed Forces who served in the Southwest Asia Theater of Operations for at least one day after August 2, 1990.
2. Is Gulf War Syndrome a real disease?
Simply put, yes, gulf war syndrome is a real disease. The VA does not recognize the term “Gulf War Syndrome/Illness,” instead they use the term “medically unexplained chronic multi-symptom illness. The important thing to know is that these two terms mean the same thing, but it is helpful to use the terminology that the VA uses when filing a claim.
3. What are the common symptoms of Gulf War Syndrome?
Upon return from the Gulf War, some veterans began reporting multiple different symptoms including:
- Fatigue
- Skin rash
- Headache
- Muscle pain
- Joint pain
- Memory disturbance and memory loss
- Difficulty concentrating
- Respiratory problems
- Sleep disturbances
- Diarrhea
4. What are the hazardous exposures associated with Gulf War service?
Gulf War veterans may have been exposed to a wide range of chemical and other environmental hazards during their military service. These exposures include:
- Oil well fires and open burn pits
- Sand, dust, and other particulate matter
- Pesticides
- Vaccinations (including anthrax and botulinum toxoid)
- Chemical and biological warfare agents
- Depleted uranium
- Nerve gas and other nerve agents
- Toxic embedded fragments (shrapnel and other metals that remain in the body after injury)
- CARC paint (chemical agent resistant coating used on military vehicles to resist corrosion and chemical agents)
5. What are some tips for my Gulf War claim?
Gulf War claims are difficult to prove. It is important to document your symptoms and their severity, and sort out which of your symptoms have received a diagnosis versus which of your symptoms remain undiagnosed. Keep a log of details regarding the symptoms you have, and remember to be specific. For example, if you have headaches don’t just say “I have a headache that lasts all day.” Instead, lists information such as how it feels when the headaches starts, the location of your pain, whether you have to lay down in bed until the headache goes away, etc.
6. Do I get presumptive service connection?
Presumptive service connection will make the difficult battle to obtain disability benefits for a Gulf War claim a little less complicated. In order to receive presumptive service connection you will have to show that:
- You qualify as a Gulf War veteran
- You have what is called a “qualifying chronic disability” AND
- Your disability arose while you were in service, or, your disability arose after you came home and meets the requirements for a 10% rating or higher.
The VA presumes the following conditions as related to Gulf War service:
- Chronic Fatigue Syndrome
- Fibromyalgia
- Functional gastrointestinal disorders (IBS, dyspepsia, vomiting, constipation, bloating, abdominal pain syndrome and dysphagia)
Furthermore, undiagnosed illnesses with symptoms that are considered as “medically unexplained, chronic (lasting 6 months or more) multi-symptom illnesses” receive presumptive service connection.
7. Could my family’s health be affected as well?
Studies have been done that suggest there is a higher rate of birth defects in children of Gulf War veterans, but the VA does not officially recognize this finding.
Reports have also suggested that family members and those in close contact with Gulf War veterans have experienced similar symptoms that the veteran suffers from. One hypothesis is that this could be the result of contamination by chemical substances brought home on veterans’ uniforms and gear.
There are no conclusive findings regarding the health of Gulf War veterans’ family members. However, the VA has provided free medical examinations to family members of Gulf War veterans who are enrolled in the Gulf War Registry (discussed below).
8. What is the Gulf War Registry?
In response to veterans’ health concerns after returning from operations in the Gulf, the VA developed The Persian Gulf War Health Registry of veterans who served in the Southwest Asia Theater of Operations during the Persian Gulf War. This registry is used as a means of reporting and identifying illnesses among these veterans and alerts veterans to possible long-term health problems that may be related to environmental exposures during their military service in the Gulf. The registry lists each veteran who served in the Persian Gulf War and who:
- Applies for VA care or services
- Files a claim for disability compensation based on their Gulf War service
- Dies and is survived by a spouse, child, or parent who files a claim for dependency and indemnity compensation on the basis of the veteran’s Gulf War service
- Requests the registry examination from the VA, or
- Receives a health examination from the Department of Defense and requests inclusion in the registry.
The VA and the Department of Defense both offer a free special registry examination to any Gulf War veteran who has health concerns due to their service. The examination is a complete physical exam and includes obtaining information about your exposure and medical history, laboratory tests, and a physical exam. At the very least, the registry examination may help researchers learn more about the health problems associated with Gulf War veterans.
In order to be eligible for the Gulf War Registry Exam a veteran must have served in the Gulf during Operation Desert Shield, Operation Desert Storm, Operation Iraqi Freedom, or Operation New Dawn.
Author Anne Thorn, Hill & Ponton, P.A. Attorney