What Are Gulf War Presumptive Conditions?

If you’re a Gulf War veteran, you may have been exposed to hazards or toxins during your service that have been linked to a range of health conditions. Many of these conditions are medically unexplained, have a range of symptoms, and are grouped under the term “Gulf War syndrome.” Gulf War veterans may have also served near burn pits or been exposed to infectious diseases, and may be eligible for presumptive service connections for those conditions. 

You served in Desert Storm, and now you’re sick. You developed irritable bowel syndrome and you’re feeling dizzy and fatigued, and your doctor can find no explanation as to why you developed this disorder, and why now. It may be the result of your Gulf War military service. We explain which conditions are considered Gulf War presumptives and may qualify you for VA disability benefits.

Who is a Gulf War veteran?

To qualify for a Gulf War presumptive, you must first be a Gulf War veteran. A Gulf War veteran is anyone who served in specific locations in Southeast Asia from Aug. 2, 1990, to the present. 

Veterans of the Gulf War era currently account for nearly half of living veterans. On average, they are service connected for eight different health conditions. You can learn more about Gulf War veterans here.

What is Gulf War syndrome?

Gulf War Illness, or Gulf War syndrome, is the name given to various chronic symptoms suffered by Gulf War veterans. 

However, the VA prefers the terms “chronic multisymptom illness” or “undiagnosed illness” because of the wide range of unexplained symptoms these veterans experience and report. 

Symptoms Gulf War veterans report include:

• Fatigue
• Unexplained rashes or other dermatological symptoms
• Headache
• Muscle or joint pain
• Neurological signs and symptoms, like memory problems
• Neuropsychological signs or symptoms
• Upper or lower respiratory issues
• Sleep disturbances
• Gastrointestinal concerns
• Cardiovascular concerns
• Abnormal weight loss
• Menstrual disorders

All of these chronic, unexplained symptoms can fall in any combination under what many veterans refer to as “Gulf War syndrome.” Because the VA recognizes these symptoms may be linked to Gulf War service, veterans can receive benefits for a chronic multisymptom illness on a presumptive basis. We explain more below.

Gulf War presumptive conditions

A presumptive service connection means that when a qualifying veteran applies for VA disability, they are not required to submit proof that their condition is medically linked to their service. Instead, the condition is automatically presumed to be service-connected.

Gulf War presumptive conditions require the veteran to first prove where they were stationed and then when the condition started. 

Gulf War presumptives: Undiagnosed and multisymptom illnesses

The following conditions are considered Gulf War presumptives if diagnosed during or after active duty and if they’ve lasted for at least six months:

• Chronic fatigue syndrome
• Fibromyalgia
• Functional gastrointestinal disorders like irritable bowel syndrome (IBS), dyspepsia, and abdominal pain syndrome
• Medically unexplained chronic multisymptom illness
• Other undiagnosed illnesses, such as cardiovascular signs and symptoms, muscle and joint pain, and headaches

“The reason that presumptive service connection is so important with Gulf War syndrome claims is because there’s no nexus requirement, which means you don’t have to have a doctor say that your illness is related to your time in service. The VA will allow you to skip that element of proof,” said VA disability lawyer Zack Evans.

The VA considers you eligible for a presumptive for the above conditions associated with your service if you served in any of the following locations on or after Aug. 2, 1990:

• Afghanistan (airspace not included)
• Bahrain
• Egypt (airspace not included)
• Iraq
• Israel (airspace not included)
• Jordan (airspace not included)
• Kuwait
• Neutral zone between Iraq and Saudi Arabia
• Oman
• Qatar
• Saudi Arabia
• 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

The airspace above these locations is included unless specified otherwise.

Gulf War presumptives: Infectious diseases 

In addition, these infectious diseases are considered presumptive if they are diagnosed within a year of separation of service:

• Brucellosis 
• Campylobacter jejuni
• Coxiella burnetii (Q fever)
• Malaria (or sooner in some cases)
• Nontyphoid salmonella
• Shigella
• West Nile virus

These infectious diseases are considered presumptive if a health care provider diagnoses you any time after separation:

• Mycobacterium tuberculosis
• Visceral leishmaniasis

The VA presumes that the infectious diseases listed above are associated with your service if you served in any of these locations on or after Aug. 2, 1990:

• Afghanistan (airspace not included and only service after September 19, 2001)
• Bahrain
• Iraq
• Kuwait
• Neutral zone between Iraq and Saudi Arabia
• Oman
• Qatar
• Saudi Arabia
• The United Arab Emirates (UAE)
• The waters of the Arabian Sea, Gulf of Aden, Gulf of Oman, Persian Gulf, and Red Sea

Gulf War presumptives: burn pit conditions

There also is a list of burn pit and toxic exposure presumptive conditions. The list of conditions has grown since the passing of the PACT Act. Many Gulf War veterans served near these burn pits and may qualify for a burn pit presumptive. You can find the full list of conditions and qualifying locations and periods for Gulf War veterans exposed to burn pits here.

If you are a Gulf War veteran but you aren’t certain if you qualify for disability benefits based on the parameters above, it may be worth discussing with a VA-accredited attorney. 

How to file a claim for a Gulf War presumptive condition

To file a claim for a Gulf War presumptive condition, you must submit records of your military service that prove you are a Gulf War veteran. You also must submit medical records showing that you deal with one of the conditions considered presumptive for Gulf War veterans, including chronic, undiagnosed symptoms related to “Gulf War syndrome.” However, you will not need proof that your condition was caused by your service.

You will likely need to complete a compensation and pension (C&P) exam. A C&P exam for Gulf War syndrome is much like a regular medical exam. The medical professional will ask you questions, review evidence, and perform tests to determine your symptoms’ severity. Then, they will issue an opinion about what they think the rating should be.

The benefits claims process for Gulf War Syndrome differs from other cases because the VA may require you to complete multiple C&P exams, depending on whether you have multiple unexplained symptoms. All of these symptoms should be evaluated and diagnosed, so they’re officially documented in your medical records. 

A Gulf War Registry health exam before the C&P exam can help you identify your medical concerns and rule out other causes through a physical exam and lab testing. 

How Woods and Woods can help

Woods and Woods has been fighting for people with injuries and disabilities since 1985. Our team of accredited VA disability lawyers, case managers, legal analysts, and intake specialists knows the ins and outs of the VA so you don’t have to do all the hard work. Call us today for your free and confidential case evaluation.

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