Congress has created the Persian Gulf War Syndrome Compensation Act to provide benefits and compensation for Veterans who have been diagnosed with Persian Gulf War Syndrome. The act allows Veterans to file a claim for benefits if they can show that they have been diagnosed with one of the qualifying medical conditions associated with the syndrome. Veterans may be eligible for both disability compensation and health care benefits.
The Persian Gulf War Syndrome Compensation Act provides compensation to Veterans of the Persian Gulf War who have been diagnosed with Persian Gulf War Syndrome (PGWS). The act also established the Research Advisory Committee on PGWS to conduct research on the causes and treatment of PGWS.
What Are the Benefits of the Persian Gulf War Syndrome Compensation Act?
The Persian Gulf War Syndrome Compensation Act was designed to provide compensation for Veterans who were injured or developed health problems as a result of their service in the Persian Gulf War. The act provides a variety of benefits, including medical care, disability compensation, and death benefits. It also provides educational assistance to eligible Veterans and their families.
How Do I Apply for Benefits Under the Persian Gulf War Syndrome Compensation Act?
The process of applying for benefits under the Persian Gulf War Syndrome Compensation Act can be difficult to navigate. First, it is important to determine if you are eligible for benefits. The criteria for eligibility include being a Veteran who served in the Persian Gulf War, being diagnosed with a qualifying illness and having filed a claim within the required time frame.
If you meet these criteria, you can begin the application process by submitting Form VA 21-526, Application for Disability Compensation and/or Pension.
What Veterans Are Covered by the Persian Gulf War Syndrome Compensation Act?
The following nations and areas are included in VA's definition of Gulf War service:
- The Arabian Sea;
- The Oman Gulf;
- The Kingdom of Saudi Arabia;
- Emirates of the UAE (U.A.E.);
- The Arabian Sea, the Red Sea, and the waters of the Persian Gulf;
- Between Iraq and Saudi Arabia, the buffer zone;
- These sites' airspace.
Veterans of Desert Storm and Desert Shield, as well as Operation New Dawn (OND), Operation Iraqi Freedom (OIF), and Operation Enduring Freedom (OEF), meet the criteria for qualifying service during the Persian Gulf War (OEF).
Environmental Risks Associated With the Persian Gulf War
Over 750 Kuwaiti oil well fires, pesticides/insecticides, leishmaniasis, solvents and fuels, pyridostigmine bromide tablets, the combined effect of many vaccines, and inhalation of ultra-fine sand particles were among the environmental hazards during PGW. Many Veterans began experiencing a range of debilitating medical issues, including chronic headaches, cognitive difficulties, extensive physical discomfort, unexplained exhaustion, and other irregularities.
Veterans were subjected to a wide range of toxic substances and hazardous environmental circumstances during their service. At this moment, not all of the exposures are known, but studies are continuing to find out.
VA Service Connection Using Presumptions
As many Gulf War Veterans were experiencing inexplicable illness and symptoms, the VA established a presumption under 38 C.F.R. 3.317 for Gulf War Veterans.
A qualifying chronic illness under this statute is defined as:
- A medical condition that is undiagnosable;
- A chronic multi-symptom disease;
- Any ailment VA deems merits a presumption of service connection, often a medically unexplained condition.
Getting a Gulf War Syndrome Disability Compensation from the VA
The severity of your symptoms and how those symptoms influence your capacity to operate in daily life are taken into consideration by the VA when determining your disability rating.
The VA employs a rating system to determine how much compensation benefits you are entitled to. A Veteran's combined rating is the sum of all service-connected disabilities he or she has as applied to the VA’s combined rating table. (It is important to remember that VA does not simply add disabilities using conventional math, it uses a formula called the combined rating table.) The combined rating can range from 0% to 100%, with 10% increments. For "Gulf War Syndrome'' compensation, you must have a disability rating of 10% or greater.
If you have a rating of 30% or higher, you are eligible to receive additional benefits for any dependents (e.g., spouse, children, dependent parents).
Do You Need an Attorney To Get Your Gulf War Syndrome Disability Benefits?
Claims relating to the Gulf War are known for their many intricacies. It's been roughly 20 years since VA implemented laws to govern Gulf War-related disease claims, but it has failed to streamline a procedure for properly applying these guidelines to Veterans' claims. Consequently, the VA does not have a simple, clear-cut system for approving or rejecting benefits. To be denied while having a qualifying service-related ailment is a risk that many people don't realize they face because of their lack of experience in the procedure.
As a result of representing Veterans in obtaining the VA disability benefits they deserve, the attorneys at Veteran’s Disability Info. are very familiar with the appeals process. We take care of everything so you don't have to worry about anything but taking care of yourself and your loved ones.