By Al Colombo
Copyright 1998

In times of war and armed conflict, many of our men and women in the armed services have suffered physical, emotional and mental problems as either a direct or indirect consequence of their military tenure. Approximately 700,000 men and women served in the Persian Gulf War.

By February, 1996, there were more than 14,500 undiagnosed claims of Gulf War illnesses reported to the VA; and 7,845 had already been processed by VA when the GAO launched its investigation. John D. Rockerfeller IV, Ranking Minority Member, Committee on Veterans' Affairs, U.S. Senate, requested information on the status of Gulf War Illness claim requests.
.

The GAO (General Accounting Office, Washington, D.C.) discovered that of the 7,845 undiagnosed claims made by Gulf War vets, only 5%, or 392, had actually been approved--95% were denied. Some of these claimants, the GAO said, were subsequently approved for compensation and/or medial help, via the VA medical system, because of other conditions acquired during their Persian Gulf War experience (i.e. knee problems).

Of the cases that [the GAO] reviewed, where the claimed undiagnosed illness(es) had been denied, about 60% of the veterans had been granted compensation for at least one service-connected diagnosable condition, such as hypertension, hearing loss, or knee disorders. About one-half of these veterans were granted a disability payment; the remainder, with minor impairments, are eligible for free care for their conditions through the VA medical system. --General Accounting Office, Washington, D.C., Report: GAO/HEHS-96-112 Persian Gulf Undiagnosed Illness Claims

Additionally, according to the GAO, it was determined that denials were, in part, due to VA's lack of adequate direction as well as lack of varifiable information from veteran claimants. Where veterans had indicated evidence existed, such as a private physician or someone close to the claimant who had seen first hand their difficulties upon returning from the Gulf War, the VA many times did not follow up. In addition, the VA many times did not inform their veteran claimants as to what they could and should submit

While veterans are ultimately responsible for proving their claims, VA is required by statute to assist the veteran in developing facts to prove the claim. The U.S. Court of Veterans' Appeals has also held in its decisions that VA has a duty to assist veterans with proving their claims and is required to obtain relevant facts from sources identified by claimants. --GAO/HEHS-96-112

How To Get Help

The procedure used when submitting an undiagnosed Gulf War illness claim begins with your regional VARO. You must submit a fully-complete form to your regional VARO to get the process started. The VARO will then obtain your medical records from the military and set up a physical examination. You must also provide other sources of information that will help collaborate your condition. This can be from private health care providers that you've previously gone to, to lay people who have witnessed your problems and are willing to swear to it. According to law, VA must actively pursue these "other" sources of information that will help collaborate your undiagnosed claim because all of these things help point to a possible problem, supporting your claim.

According to the GAO's study of Public Law 103-446, Persian Gulf War Veterans' Benefits Act, Title I of the Veterans' Benefits Improvements Act of 1994, compensation can only occur when the symptoms that you have began while you were serving in the Gulf region, or during the period of two (2) years after said service. In addition, you must be found at least 10% disabled and your condition must be considered chronic, which means you must have had it for a minimum of 6 months.

If you would like to have a copy of the GAO report cited in this article, call, fax, or write the General Accounting Office at P.O. Box 37050, Washington, D.C. 37050, Call 202-512-6000, fax them at 202-512-6061, or via E-mail at info@www.gao.gov. Ask for report GAO/HEHS-96-112, entitled "Persian Gulf Undiagnosed Illness Claims".