VA Recognizes “Presumptive” Illnesses in Iraq, Afghanistan
March 18, 2010

Decision Makes It Easier for Gulf War Veterans to Receive Benefits

WASHINGTON – Secretary of Veterans Affairs Eric K. Shinseki today
announced the Department of Veterans Affairs (VA) is taking steps to
make it easier for Veterans to obtain disability compensation for
certain diseases associated with service in the Persian Gulf War or
Afghanistan.  This will be the beginning of historic change for how VA
considers Gulf War Veterans’ illnesses.

Following recommendations made by VA’s Gulf War Veterans Illnesses Task
Force, VA is publishing a proposed regulation in the Federal Register
that will establish new presumptions of service connection for nine
specific infectious diseases associated with military service in
Southwest Asia during the Persian Gulf War, or in Afghanistan on or
after September 19, 2001.

“We recognize the frustrations that many Gulf War and Afghanistan
Veterans and their families experience on a daily basis as they look for
answers to health questions, and seek benefits from VA,” said Secretary
Shinseki.

The proposed rule includes information about the long-term health
effects potentially associated with the nine diseases:
Brucellosis
Campylobacter jejuni
Coxiella burnetii (Q fever)
Malaria
Mycobacterium tuberculosis
Nontyphoid Salmonella
Shigella
Visceral leishmaniasis
West Nile virus

For non-presumptive conditions, a Veteran is required to provide medical
evidence that can be used to establish an actual connection between
military service in Southwest Asia or in Afghanistan, and a specific
disease.

With the proposed rule, a Veteran will only have to show service in
Southwest Asia or Afghanistan, and a current diagnosis of one of the
nine diseases.  Comments on the proposed rule will be accepted over the
next 60 days.  A final regulation will be published after consideration
of all comments received.

The decision was made after reviewing the 2006 report of the National
Academy of Sciences (NAS), titled, “Gulf War and Health Volume 5:
Infectious Diseases.”  The 2006 report differed from the four prior
reports by looking at the long-term health effects of certain diseases
determined to be pertinent to Gulf War Veterans.

The 1998 Persian Gulf War Veterans Act requires the Secretary to review
NAS reports that study scientific information and possible associations
between illnesses and exposure to toxic agents by Veterans who served in
the Persian Gulf War.

Because the Persian Gulf War has not officially been declared ended,
Veterans serving in Operation Iraqi Freedom are eligible for VA’s new
presumptions.  Secretary Shinseki decided to include Afghanistan
Veterans in these presumptions because NAS found that the nine diseases
are prevalent in that country.

Noting that today’s proposed regulation reflects a significant
determination of a positive association between service in the Persian
Gulf War and certain diseases, Secretary Shinseki added, “By setting up
scientifically-based presumptive service connection, we give these
deserving Veterans a simple way to get the benefits they have earned in
service to our country.”

Last year, VA received more than one million claims for disability
compensation and pension.  VA provides compensation and pension benefits
to over 3.8 million Veterans and beneficiaries.  Presently, the basic
monthly rate of compensation ranges from $123 to $2,673 to Veterans
without any dependents.

Disability compensation is a non-taxable, monthly monetary benefit paid
to Veterans who are disabled as a result of an injury or illness that
was incurred or aggravated during active military service.

For more information about health problems associated with military
service during operations Desert Shield, Desert Storm, Iraqi Freedom and
Enduring Freedom and related VA programs go to
<http://www.publichealth.va.gov/exposures/gulfwar/>  or go to
<http://www.va.gov/>  for information about disability compensation.
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VA seeks to make getting benefits easier for vets
<http://www.google.com/hostednews/ap/article/ALeqM5iDTMFc36iJeT3Ld-G20KE
uRPLyhwD9EH60L80>
By KIMBERLY HEFLING (AP) – 20 hours ago

WASHINGTON – The Veterans Affairs Department took steps Thursday to make
it easier for veterans of the Iraq or Afghanistan wars to get disability
benefits. To qualify for the new streamlined status, they must have
malaria, West Nile Virus or one of seven other diseases.

The VA has proposed a regulation change that lets veterans qualify for
benefits by showing only that they served in the recent conflicts, or in
the Gulf War, and have a diagnosis of any of nine diseases. Called
“presumptive status,” it’s easier to prove an illness stems from war
service.

Such status had been given to veterans from earlier eras with certain
diseases, but this is the first time veterans from the recent conflicts
qualified.

“We recognize the frustrations that many Gulf War and Afghanistan
veterans and their families experience on a daily basis as they look for
answers to health questions and seek benefits from VA,” Veterans Affairs
Secretary Eric Shinseki said in a statement.

Shinseki made the decision after a recommendation by the agency’s Gulf
War Veterans Illnesses Task Force.

The seven other diseases are brucellosis, campylobacter jejuni, coxiella
burnetii, mycobacterium tuberculosis, nontyphoid salmonella, shigella
and visceral leishmaniasis.

<http://www.thefederalregister.com/d.p/2010-03-18-2010-5980>

DATES: Comments must be received by VA on or before May 17, 2010.
Federal Register /Vol. 75, No. 52 /Thursday, March 18, 2010 / Proposed
Rules

ADDRESSES: Written comments may be submitted through
http://www.Regulations.gov;

by mail or hand delivery to
Director, Regulations Management (02REG),
Department of Veterans Affairs
810 Vermont Ave., NW., Room 1068,
Washington, DC 20420

or by fax to (202) 273-9026.
(This is not a toll free number).

Comments should indicate that they are submitted in response to
”RIN 2900-AN24-Presumptions of Service
Connection for Persian Gulf Service.”

Copies of comments received will be available for public inspection in
the Office of Regulation Policy and Management, Room 1063B,
between the hours of 8 a.m. and 4:30 p.m., Monday through Friday (except
holidays).
Please call (202) 461-4902 for an appointment. (This is not a toll free
number.)
In addition, during the comment period, comments may be viewed online
through the Federal Docket Management System at
http://www.Regulations.gov.