Gulf War Illness Is Compensated By Veterans Disability Benefits
The deadline to apply for Veterans Disability benefits for Gulf War Illness has been extended to December 31, 2021.
Contact us for help with your application.
What is Gulf War Illness (Gulf War Syndrome)?
Gulf War Illness (sometimes known as ‘Gulf War Syndrome’) is a mysterious and unexplained medical syndrome which affects tens of thousands of American veterans.
From 1990 onward, veterans who served in Iraq, Afghanistan, and other Middle-Eastern combat campaigns have developed chronic and often severe symptoms that are believed to be related to their military deployments.
The Department of Veterans Affairs (VA) Offers Disability Benefits for Gulf War Illness
The Department of Veterans Affairs (VA) recognizes that Gulf War Illness is a valid condition with real, debilitating symptoms for those diagnosed. The VA will presume that a series VA presumes “certain chronic, unexplained symptoms existing for 6 months or more are related to Gulf War service.”
A veteran who served in the Gulf War and has been suffering from these symptoms does not need to prove their illness was caused by their military service. With a proper application, the Veteran should automatically qualify for benefits.
Application Deadline for Veterans’ Gulf War Illness Disability Benefits
So many Gulf War Veterans have symptoms of Gulf War Illness, that the deadline to apply for benefits has been extended. The current deadline to apply for benefits for Gulf War Illness is December 31, 2021.
An additional deadline extension for Gulf War Illness disability applications is possible, but not guaranteed.
Lawmakers are currently seeking to approve another, permanent extension to apply for Veterans disability benefits as a result of Gulf War Illness. However, it is uncertain whether the legislation will pass.
Anyone who has Gulf War syndrome-type symptoms should act quickly to ensure their claim is received and processed as soon as possible.
Read more to learn about what Gulf War illness is, who is eligible for treatment, and what to do if the Department of Veterans Affairs denies a claim.
Understanding Gulf War Illness and Veterans’ Rights To Disability Compensation
It is difficult to define “Gulf War illness” is difficult, because veterans have reported a variety of disparate symptoms after returning home from service.
In the past, Army scientists referred to Gulf War syndrome as a “chronic multi-symptom illness,”1 because it is characterized by different complaints which often appear unrelated.2
The symptoms of Gulf War syndrome (Gulf War Illness) can include:
- Fatigue
- Headaches
- Joint pain
- Indigestion
- Insomnia dizziness
- Respiratory disorders
- Memory problems
Symptoms of Gulf War syndrome (Gulf War Illness) can take years to appear.
Symptoms of Gulf War syndrome can be chronic and may not present until years after a veteran has concluded their service.3
When symptoms do appear, they may be mild but become progressively worse.
In some instances, they may facilitate the development of serious diseases.
The Causes of Gulf War Illness
Gulf War illness is not well understood, neither are its causes.
However, scientists have identified several potential culprits for Gulf War Illness.
Among the most widespread theories is that Gulf War syndrome was caused or exacerbated by veterans’ exposure to toxic substances.4
Gulf War veterans were regularly exposed to a variety of potentially toxic chemicals throughout the course of the war.
Exposure to “Burn Pits” are a Possible Cause of Gulf War Illness
During the Iraq and Afghan wars, an enormous amount of refuse was generated, including batteries, unexploded munitions and rubber products of all kinds.
In order to dispose of these materials, they were placed in large pits and set on fire. However, burning much of this solid waste can release toxic chemicals.5
Sometimes burn pits were located down range from service personnel, who may have then been exposed to the pits’ dangerous emissions.
Burn Pits in the Gulf War Released Toxic Chemicals
The U.S. Military has long been concerned about toxic chemicals released by burn pits. Service members who were down wind from the burn pits may have been exposed to extremely toxic substances,7 including:
- Dioxins
- Particulate matter
- Polycyclic aromatic hydrocarbons
- Volatile organic compounds
- Carbon monoxide
- Hexachlorobenzene
- Ash
Veteran Lawsuits for Illnesses Caused By Burn Pit Exposure
As more and more Gulf War Veterans who were exposed to burn pits began to develop symptoms of Gulf War syndrome and other illnesses, many questioned the seeming lack of safeguards that were taken to protect their health.8
A number of veterans with illnesses filed class-action and mass tort lawsuits against the defense contractors who had operated the burn pits.9
However, the Supreme Court rejected these cases, claiming that the contracts were acting under government orders.10
Other Explanations For Gulf War Illness
While there is some evidence to suggest burn pits may contribute to Gulf War illness, researchers have yet to prove any definite correlation.
Chemical Weapons
During the Iran-Iraq wars, former Iraqi President Saddam Hussein used chemical weapons against the Kurds and other enemy combatants.11 Hussein’s efforts and successes at developing and increasing his chemical weapons is well documented.12
Studies have also indicated that the destruction of Saddam Hussein’s chemical weapons depots may have played a role in Gulf War Illnesses.13
Microbiological Exposure
Other researchers point to the widespread and dangerous microbes native to Kuwait and Iraq.
For example, some unusual forms of streptococcal species and mycoplasma found in Iraq have been detected in the blood of Gulf War Veterans.14 However, these theories need to be studied more extensively.
In spite of the uncertainty about its causes, there is no doubt that Gulf War syndrome is a real and serious illness.
Out of the 697,000 people who served in the campaign, an estimated 250,000 reported service-related symptoms some time after returning home.
Getting Help for Gulf War Illness Through the Department of Veterans Affairs (VA)
Despite extensive research, the exact causes of Gulf War illness remain somewhat uncertain. That’s why it can be difficult to get effective treatment for Gulf War illness.
The deadline to apply for Veterans Disability benefits for Gulf War Illness
has been extended to December 31, 2021. Contact us for help with your application.
While people suffering from Gulf War syndrome can receive care at public hospitals, they are also eligible to make claims through the United States Department of Veterans Affairs.
In general, anyone who served in the “Southwest Asia theater of military operations during the Gulf War period” may be eligible to receive benefits if they did not receive a dishonorable discharge.16
Which Theaters Of Military Service Does the VA Recognize As Related To Gulf War Illness?
The V.A. defines the Southwest Asia theater as covering:
- Iraq, Kuwait, and Saudi Arabia
- Neutral areas within Iraq and Saudi Arabia
- Gulf states such as Bahrain, Qatar, and the United Arab Emirates
- Oman
- Sea regions, such as the Persian Gulf, Arabian Sea, and Gulf of Oman
- Any airspace above the aforementioned areas
What Does The Department of Veterans Affairs Look For In Gulf War Illness Disability Claims?
In order to receive benefits, veterans must be able to both demonstrate that they have Gulf War syndrome and were diagnosed with a serious, resultant condition which likely arose through military service.
The Department of Veterans Affairs calls these conditions “presumptive diseases.”17
Subsidized and Complementary Treatment for Gulf War Illness
Veterans may be eligible for subsidized or complementary treatment through the V.A. if their Gulf War-related illness or condition was diagnosed on or before December 31, 2021, and it:
- Caused them to be sick for 6 or more months.
- Resulted in a disability rating of at least 10%.
Presumptive Diseases Related to Gulf War Illness
In order to receive disability benefits for Gulf War Illness, veterans must also have been diagnosed with one of the following “presumptive” diseases:
- A functional gastrointestinal disorder
- Chronic fatigue syndrome
- Fibromyalgia
- Other “unexplained” or “undiagnosed illnesses,” including but not limited to cardiovascular disease, muscle and joint pain, and headaches.
Other veterans may be able to receive disability benefits if they were diagnosed with one of the following presumptive diseases within one year of their date of discharge:
- Brucellosis
- West Nile virus
- Shigella
- Malaria
- Campylobacter jejuni
- Coxiella burnetii (Q fever)
- Nontyphoid salmonella
If a Gulf War illness claim is approved by the Department of Veterans Affairs, claimants may receive health care and/or compensatory payments.
Treating Gulf War Illness Is Complicated
Veterans with Gulf War Illness Do Not All Have the Same Symptoms
Gulf War Illness can take many different forms. Different service members show different symptoms of Gulf War illness, so their conditions may be treated differently.
For this reason, the Department of Veterans Affairs and independent medical practitioners do not have any single treatment for all service members with symptoms and diagnoses of Gulf War Illness.
For example, one symptom of Gulf War Illness can be malaria. Malaria can be effectively treated with medications such as atovaquone and doxycycline.
In addition, Gulf War Illness often includes chronic aspects like recurring headaches and insomnia, many of which health care providers have not been able to effectively resolve.
General Treatment of Gulf War Illnesses
Although Gulf War Illness can look different depending on the patient, research has identified some tentative solutions for veterans who suffer from the syndrome’s less-specific symptoms, including chronic headaches, nausea, and fatigue:
- A study published in Military Medicine suggests that holistic treatment regimens can, at the very least, alleviate some symptoms of Gulf War illness.18
- Cognitive-behavior therapy has shown statistically significant results in helping veterans manage their health.19
Because Gulf War syndrome affects everyone differently, veterans should insist that their treatment is holistic and individualized.
Appealing a Claims Decision
Despite the prevalence of Gulf War illness, the Department of Veterans Affairs is not well-equipped to process syndrome-related claims.
Since Gulf War illness looks different in everyone and may manifest in subtle ways, Veterans Affairs medical staff often do not know how to react to complaints wherein “presumptive diseases” are not readily apparent or diagnosed.
Unfortunately, the Government Accountability Office reports that about 80% of all Gulf War illness claims are denied.20
The Department of Veterans Appeals does maintain an appeals process, but it can be complex and difficult to navigate.
But its system for reconsidering claims lacks considerable transparency and oversight.
Even if a veteran is confident the evidence speaks in their favor, cases can still take a long time to resolve—supplement claims, for instance, can take months to process, and may be rejected for paperwork errors or insufficient evidence.
Although individual veterans can file appeals by themselves, they may be able to make a better case for benefits if they seek the help of an experienced Veterans and Disability attorney.
If you have symptoms of Gulf War Illness and your Veterans disability claim was denied, learn about the appeals process here.
Getting More Help When More Help Is Needed
These are complex matters, and the appeals process can be extremely challenging without an experienced and knowledgeable Veterans disability attorney to help.
Warriors For The Injured
Justinian & Associates has over a decade of experience and knowledge of how to successfully resolve a Veterans disability claim, in Texas, Texas or nationally.
Our Texas VA disability attorneys, investigators and support teams painstakingly gather and examine the facts relevant to every case, including finding expert witnesses, visual aids and other technology to demonstrate what caused your injury and who was at fault, so that the real victim can recover.
As our record demonstrates, we have the legal knowledge, the experience, the resources, experience and trained investigators to take on adversaries of any size.
Talking To A Texas Personal Injury Attorney At Justinian & Associates Costs Nothing
Our dedicated roster of Texas personal injury lawyers are well-trained in Veterans disability law and the appeals process, including dangerous chemical exposures and other harmful products connected to military service.
We offer an absolutely free consultation to hear the specific details of your disability claim and let you know your options.
You Don’t Pay Unless We Win Your Case
We do not accept defeat.
That means unless we get you money for your injuries, you don’t pay us a dime.
We work on a contingency-fee basis, our pay is contingent upon whether we recover money for you or not. So if we work on your case and fail, you won’t owe a dime. We can talk by phone, video conference, or whatever you’re comfortable with. Just get in touch.
Your Rights Can Be Lost If You Wait
Veterans disability claims that have been denied must be appealed within one year of the denial.
In addition, statutes of limitation are laws that limit how much time you have to file a lawsuit after being injured. Statutes of limitation in Texas or other states may apply to your veteran disability claims denial lawsuit. Don’t let your rights expire.
The deadline to apply for Veterans Disability benefits for Gulf War Illness
has been extended to December 31, 2021. Contact us for help with your application.
All We Do Is Fight For Injured Victims
Our only goal is justice for our clients, whatever that means for them.
We understand that the well-being and livelihood of you and your loved ones may be at stake.
Call, text or email us for a free consultation, with no obligation. Speak to a Texas personal injury attorney from Justinian & Associates (not a “screener” or paralegal) to understand your rights.
[1] Gulf War Illness: Challenges Persist, Mary Nettleman, MD, MS, MACP, Transactions of the American Clinical and Climatological Association (2015).
[2] A Review of the Scientific Literature As It Pertains to Gulf War Illnesses, Grant N. Marshall, Lois M. Davis and Cathy D. Sherbourne.
[3] Gulf War Illness Symptom Severity and Onset: A Cross-Sectional Survey, Cayla M Fappiano, USAF, James N Baraniuk, MD, Military Medicine (July-August 2020).
[4] Gulf War Illnesses: Causes and Controversies, Jeffrey S. Sartin MD, Mayo Clinic Proceedings (2000).
[5] An Assessment of the Potential Health Effects of Burn Pit Exposure Among Veterans, Congressional Committee on Veterans Affairs (2010).
[6] Afghanistan and Iraq: DOD Should Improve Adherence to Its Guidance on Open Pit Burning and Solid Waste Management, U.S. Government and Accountability Office, GAO-11-63 Report (Oct 15, 2010).
[7] Afghanistan and Iraq: DOD Should Improve Adherence to Its Guidance on Open Pit Burning and Solid Waste Management, GAO-11-63 Report (Oct 15, 2010).
[8] Military Burn Pits, Patient Education, Information Series, American Thoracic Society.
[9] Kuwait Pearls Catering Co. v. Kellog Brown, 853 F.3d 173 (5th Cir. 2017).
[10] Supreme Court rejects U.S. troops’ appeal over ‘burn pits’ illnesses, Lawrence Hurley, Reuters (2019).
[11] Chemical weapons and the Iran‐Iraq war: A case study in noncompliance, Javed Ali, The Nonproliferation Review (2001).
[12] The Evolution of the Islamic State’s Chemical Weapons Efforts, Columb Strack, Combating Terrorism Center at West Point (Oct. 2017).
[13] Gulf War Illnesses: Causes and Controversies, Jeffrey S. Sartin MD, Mayo Clinic Proceedings (2010).
[14] Gulf War Illnesses: Causes and Controversies, Jeffrey S. Sartin MD, Mayo Clinic Proceedings (2010).
[15] Gulf War Syndrome, Health, Johns Hopkins Medicine (2021).
[16] Gulf War Illnesses linked to Southwest Asia service, U.S. Department of Veterans Affairs.
[17] Presumptive Disability Benefits, U.S. Department of Veterans Affairs.
[18] A Systematic Review of Therapeutic Interventions and Management Strategies for Gulf War Illness, Shannon M Nugent, Michele Freeman, Chelsea K Ayers, Kara A Winchell, Ashlyn M Press, Maya E O’Neil, Robin Paynter and Devan Kansagara, MD, MCR, Military Medicine (2021).
[19] Gulf War Syndrome, Health, Johns Hopkins Medicine (2021).
[20] Gulf War Illness: Improvements Needed for VA to Better Understand, Process, and Communicate Decisions on Claims, Government Accountability Office Report GAO-17-511 (2017).