GULF WAR DISORDERS
Veterans who served in the Gulf War may be eligible for VA Disability Compensation for certain chronic disabilities resulting from undiagnosed illnesses and/or medically unexplained multi-symptom illnesses defined by a cluster of signs or symptoms. A disability is chronic if it has existed at least 6 months.
Details
The undiagnosed illnesses must have appeared either during active service in the Southwest Asia Theater of Operations during the Gulf War period of August 2, 1990, to July 31, 1991, or to a degree of at least 10% at any time through December 31, 2011. This theater of operations includes Iraq, Kuwait, Saudi Arabia, the neutral zone between Iraq and Saudi Arabia, Bahrain, Qatar, the United Arab Emirates, Oman, the Gulf of Aden, the Gulf of Oman, the Persian Gulf, the Arabian Sea, the Red Seam and the airspace above these locations.
Because service connection is presumed, it is not required to produce evidence for service connection - only evidence of the manifestation of the disorder or disease. That said, the Claimant must provide evidence of being in the service in the particular theater of operation. Disability has to become manifest to 10% or more from the time of active duty and no later than December 31, 2011.
Examples of symptoms of an undiagnosed illness and medically unexplained chronic multi-symptom illness defined by a cluster of signs and symptoms include:
If no previous claim has been made or if a previous claim was made but there was no chronic disability for an award, it may be possible to submit a new claim or reopen the previous claim as long as this is done within one year of any correspondence with the VA. It is important to note that the condition would have to manifest itself at 10% or more prior to December 31, 2011. You would have to provide concrete medical evidence of the manifestation of symptoms prior to December 31, 2011 to even proceed. Otherwise, do not make a claim.
Details
The undiagnosed illnesses must have appeared either during active service in the Southwest Asia Theater of Operations during the Gulf War period of August 2, 1990, to July 31, 1991, or to a degree of at least 10% at any time through December 31, 2011. This theater of operations includes Iraq, Kuwait, Saudi Arabia, the neutral zone between Iraq and Saudi Arabia, Bahrain, Qatar, the United Arab Emirates, Oman, the Gulf of Aden, the Gulf of Oman, the Persian Gulf, the Arabian Sea, the Red Seam and the airspace above these locations.
Because service connection is presumed, it is not required to produce evidence for service connection - only evidence of the manifestation of the disorder or disease. That said, the Claimant must provide evidence of being in the service in the particular theater of operation. Disability has to become manifest to 10% or more from the time of active duty and no later than December 31, 2011.
Examples of symptoms of an undiagnosed illness and medically unexplained chronic multi-symptom illness defined by a cluster of signs and symptoms include:
- chronic fatigue symptom
- fibromyalgia
- irritable bowel syndrome
- fatigue
- signs or symptoms involving the skin
- skin disorders
- headache
- muscle pain
- joint pain
- neurological signs or symptoms
- neuropsychological signs or symptoms
- signs or symptoms involving the respiratory system (upper or lower)
- sleep disturbances
- gastrointestinal signs or symptoms
- cardiovascular signs or symptoms
- abnormal weight loss
- menstrual disorders
If no previous claim has been made or if a previous claim was made but there was no chronic disability for an award, it may be possible to submit a new claim or reopen the previous claim as long as this is done within one year of any correspondence with the VA. It is important to note that the condition would have to manifest itself at 10% or more prior to December 31, 2011. You would have to provide concrete medical evidence of the manifestation of symptoms prior to December 31, 2011 to even proceed. Otherwise, do not make a claim.
Southern California VA Benefits Attorney Jane M. McNamara - Law Office of Jane M. McNamara - (661) 287-3260
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