Gulf War Veterans
Under the PACT Act, the Department of Veterans Affairs recognizes a broad range of presumptive disabilities associated with burn pit exposure and other toxic exposures for veterans who served in Southwest Asia during the Gulf War and in Post-9/11 deployments. These presumptions simplify the claims process by removing the need to prove a direct causal connection between service and disability.
Presumptive Respiratory Illnesses & Lung Conditions
Veterans with these conditions diagnosed after service may be eligible:
- Asthma (diagnosed post-service)
- Chronic bronchitis
- Chronic obstructive pulmonary disease (COPD)
- Chronic rhinitis
- Chronic sinusitis
- Constrictive or obliterative bronchiolitis
- Emphysema
- Granulomatous disease
- Interstitial lung disease (ILD)
- Pleuritis
- Pulmonary fibrosis
- Sarcoidosis
Presumptive Cancers
Gulf War veterans may be presumed to have service-connected cancers if diagnosed at any time following service:
- Brain cancer (including glioblastoma)
- Gastrointestinal cancers (any type)
- Head cancers (any type)
- Neck cancers (any type)
- Kidney cancer
- Lymphatic cancers (any type)
- Lymphoma (any type)
- Melanoma
- Pancreatic cancer
- Reproductive cancers (any type)
- Respiratory cancers (any type)
To qualify for VA disability compensation for Gulf War presumptive disability, a veteran must show the following:
A veteran must have served in one of the following locations and timeframes:
- Southwest Asia Theater of Operations on or after August 2, 1990, including:
- Iraq, Kuwait, Saudi Arabia, Bahrain, Qatar, United Arab Emirates, Oman
- The Gulf of Aden, Gulf of Oman, Persian Gulf, Arabian Sea, Red Sea
- The airspace above these locations
- Post-9/11 Operations: Afghanistan, Djibouti, Egypt, Jordan, Lebanon, Syria, Uzbekistan, Yemen (and related airspace).
- Also, the veteran must have a current diagnosis of one or more PACT Act presumptive conditions.
Gulf War Presumptive Disabilities Recognized under 38 C.F.R. 3.317
Presumptive Multi-Symptom Illnesses (“Gulf War Illness”)
Under 38 C.F.R. § 3.317, the Department of Veterans Affairs (VA) provides a presumptive service connection for certain chronic disabilities affecting Gulf War veterans. These conditions, often referred to collectively as Gulf War Illness or Multi-Symptom Illness require a higher burden of proof that the presumptive disabilities recognized by the Pact Act – understanding the distinction between PACT Act presumptive conditions and 38 C.F.R. § 3.317 chronic disability presumptive is critical.
Specifically, the PACT Act are exposure-based and include cancers, chronic diseases, and respiratory illnesses. §3.317 presumptives are symptom-based, focusing on undiagnosed or multi-symptom chronic illnesses.
Under 38 C.F.R. § 3.317, the Department of Veterans Affairs (VA) provides a presumptive service connection for certain chronic disabilities affecting Gulf War veterans. This regulation recognizes that veterans who served in the Southwest Asia theater of operations between August 2, 1990, and the present.
VA recognizes the following categories of conditions as presumptive for Gulf War veterans:
- Chronic Fatigue Syndrome
- Fibromyalgia
- Functional Gastrointestinal Disorders (e.g., Irritable Bowel Syndrome, Functional Dyspepsia, Chronic Functional Abdominal Pain)
- Undiagnosed Illnesses and medically unexplained chronic multisymptom illnesses are listed as follows:
- Fatigue
- Signs or symptoms involving skin
- 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
To qualify under § 3.317, veterans must demonstrate the following:
- Service in the Southwest Asia theater of operations during the Gulf War.
- Diagnosis of a chronic disability – The illness must persist for six months or longer. Symptoms may develop during service, immediately after, or later, but must appear after Gulf War service.