During the Gulf War (1990-1991), or Operation Desert Storm, U.S. troops fought a brief but impactful battle. The impacts of this operation left many veterans with life-altering illnesses, also known as presumptive conditions. The exact cause for these conditions is not known but is likely from the chemical warfare agents used during this operation. This blog will serve as a guide for veterans who have presumptive conditions on how to file a claim with the VA to receive the benefits they deserve.
What Are Presumptive Conditions?
The VA automatically assumes that presumptive conditions are connected to the veteran’s service (which is key for receiving VA benefits). Meaning, that veterans do not have to prove their condition was caused by their time in the military in a VA claim, unlike veterans with other conditions. In order for a veteran’s condition to be considered presumptive, they must have been at a specific location during a specific time. This set of conditions allows the VA to assume a connection without requiring proof if it was a known location/time where specific hazards were present.
Examples of Presumptive Conditions Recognized by the VA
- Chronic fatigue syndrome
- Gulf War syndrome
- Certain cancers (e.g., prostate cancer) linked to Agent Orange exposure
- Respiratory illnesses related to burn pits
- Irritable bowel syndrome (IBS) for Gulf War veterans
Eligibility for Gulf War Veterans
During the Gulf War, many active-duty U.S. military men were exposed to hazardous conditions such as burn pits, chemicals, and toxins, which can lead to long-term health issues. The VA recognizes the men who served during this time as Gulf War veterans and understands that their service could lead to health issues. Veterans who served in these specific regions and were exposed to toxic environments may qualify for benefits linked to these conditions.
List of Presumptive Conditions for Gulf War Veterans
- Chronic multisymptom illnesses:
- Gulf War Syndrome.
- Chronic fatigue syndrome, fibromyalgia, irritable bowel syndrome (IBS).
- Infectious diseases:
- Leishmaniasis, malaria, brucellosis, etc.
- Undiagnosed illnesses with specific symptoms:
- Fatigue, headaches, joint pain, respiratory issues, skin conditions.
Filing a Claim for Presumptive Conditions
For veterans who believe they have a presumptive condition related to serving during the Gulf War, you may be entitled to benefits. Below is a step-by-step guide for how to file a claim:
- Gather Your Evidence: The first thing you need to do is collect all necessary documents such as medical records, service records, and personal statements. The evidence should show a link between your condition and Gulf War service. Be sure to be as detailed as possible when discussing your symptoms and how they affect your daily life.
- Complete VA Form 21-526EZ: This is the form that is used to file for disability compensation. To fill it out, you can go online through the VA’s website or mail it in. It is important to fill this form out accurately and completely. Make sure to check it over before submitting it.
- Attend Required VA Medical Exams: After submitting your claim and evidence, you may be asked to attend a medical exam by the VA. This could include the Gulf War Registry Health exam and they are meant to assess your condition and confirm service connection.
- Keep Track of Your Claim: You can keep track of the status of your claim by using the VA’s online system or by contacting a VA representative. The VA may request additional information in order to review your claim, so it is important that you check for updates.
Seek the Benefits You are Entitled to
If you are a Gulf War veteran and believe you have a presumptive condition, don’t wait to seek the benefits you are entitled to. The VA recognizing certain presumptive conditions that are linked to service in the Gulf War significantly simplifies the claims process, as service connection is key for a successful claim.
Contact Coskrey Law today for guidance and support with your VA disability claim. We’re here to help you secure the benefits you deserve for the sacrifices you’ve made.