Veterans of the United States Armed Forces experience real challenges when returning from tours across different countries and continents. Those challenges aren’t limited to the physical health of their bodies. In fact, many of these conditions can’t be medically explained and present as chronic illness.
Examples of conditions that individuals experience include but aren’t limited to fatigue, headaches, joint pain, indigestion, insomnia, dizziness, respiratory disorders, and memory problems. The Veterans Affairs (VA) prefers not to refer to these symptoms as Gulf War Syndrome when reported by Gulf War Veterans simply because they vary so greatly. Instead, the diagnosis is more commonly chronic illness or chronic pain.
In today’s article we will be breaking down Gulf War Presumptive Conditions and helping you understand what options you or your loved one have for disability compensation.
What it Means to Have a Presumptive Condition
A presumptive condition is a specific illness that qualifies veterans for benefits without proof of in-service connections. If you’ve served in a presumptive location and are now experiencing a presumptive illness, you’re entitled to disability compensation without having to jump through additional hoops. As a veteran who has served and developed a presumptive condition, you will still need to apply for benefits but it’s much more likely you are approved on the first attempt.
The qualifications for presumptive conditions cover various health issues including those related to toxic or tainted water at specific military bases, radiation exposure, Agent Orange exposure from the Vietnam War, and Gulf War illnesses.
Gulf War Presumptive Conditions List
Below you’ll find a number of presumptive conditions divided based on when symptoms began, locations of service that often experience presumptive conditions, and more specific illnesses or causes.
Conditions Identified While on Active Duty or at Any Time Following Separation
These undiagnosed illnesses are considered presumptive if you served in a recognized location, were diagnosed by a healthcare provider while on active duty or at any time after separation and have been ill for at least six months.
- Fibromyalgia
- Chronic fatigue syndrome
- Functional gastrointestinal disorders
- Medically unexplained chronic multisymptom illness
- Other undiagnosed illnesses, such as muscle and joint pain, cardiovascular signs and symptoms, and headaches
Conditions Identified within 12 Months of Separation
These infectious diseases are considered presumptive if you served in a recognized location and were diagnosed by a healthcare provider within one year of separation.
- Malaria (or sooner in some cases)
- West Nile virus
- Coxiella burnetii (Q fever)
- Brucellosis
- Campylobacter jejuni
- Shigella
- Nontyphoid salmonella
Conditions Identified Any Time After Separation
We consider these infectious diseases presumptive if a health care provider diagnosed you any time after separation:
- Mycobacterium tuberculosis
- Visceral leishmaniasis
Recognized Gulf War Locations for Presumptive Conditions
If you served in any of these locations on or after August 2, 1990, we presume your undiagnosed illness is associated with your service:
- Iraq
- Kuwait
- Saudi Arabia
- Neutral zone between Iraq and Saudi Arabia
- Afghanistan (airspace not included)
- Bahrain
- Egypt (airspace not included)
- Israel (airspace not included)
- Jordan (airspace not included)
- Oman
- Qatar
- Syria (airspace not included)
- Turkey (airspace not included)
- The United Arab Emirates (UAE)
- The waters of the Arabian Sea, Gulf of Aden, Gulf of Oman, Persian Gulf, and Red Sea
Airspace above each of the locations listed in this section is recognized, unless specified that it’s not included.
Infectious Disease Presumptive Conditions Locations
If you served in any of these locations on or after August 2, 1990, we presume your infectious disease is connected to your service.
- Iraq
- Kuwait
- Neutral zone between Iraq and Saudi Arabia
- Saudi Arabia
- Bahrain
- Qatar
- Oman
- The United Arab Emirates (UAE)
- Afghanistan (airspace not included and only service after September 19, 2001)
- The waters of the Arabian Sea, Gulf of Aden, Gulf of Oman, Persian Gulf, and Red Sea
Airspace above each of the locations listed in this section is recognized, unless specified that it’s not included.
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Qualifications for a Presumptive Condition
Veterans qualify for presumptive conditions when symptoms develop within a specific amount of time after service (typically 12 months) and if they served in a location that’s been identified as presumptive. Typically, these diseases or conditions are at least 10% disabling.
Filing a Claim for Presumptive Conditions
Filing a claim for your presumptive conditions may seem straightforward at first, but there are some nuances and challenges that it’s important to be aware of. Here are the steps to start with when you need to file a claim.
- Complete VA Form 21-526EZ
- Provide medical records that document your condition
- Provide military records that show you meet the service requirements
- Submit your claim online, by mail, in person, or with a legal representative
In theory this process is straightforward. Especially when your conditions match the criteria and there hasn’t been a question of whether your current ailments are presumptive.
What if my service location isn’t listed but I’m experiencing a presumptive condition?
One common problem experienced by Veterans who are filing a claim happens when they experience a presumptive condition medically but the location of service that they began to experience this condition or believe it came from isn’t listed. This does create a problem when filing a claim.
When filing the claim, you’ll need to provide more evidence, doctor’s notes, and documentation of the challenges experienced because of the condition. If your claim is denied and you believe there to be a mistake it’s time to get a VA attorney involved.
Available Benefits for Gulf War Presumptives
After a claim for a Gulf War Presumptive Condition veterans are entitled to disability compensation, health care coverage, Gulf War specific exams and registry, and specialized care for conditions specific to the Gulf War such as chronic multi-symptom illness (CMI).
The range of benefits and treatment you receive will depend predominantly on the conditions that you’ve been diagnosed with and approved for by the VA.
Call or text (833) 588-9009 or fill out our Free Case Evaluation Form to get started
