Gulf War Illness Gets Medical Recognition, But VA Benefits Lag Behind

“This is more than just a code. This is long-overdue validation for the suffering of the quarter-million afflicted veterans — and a formal acknowledgment that their illness is real, physical and service-related.”

– Beatrice Golomb, M.D., Ph.D., Professor of Medicine at University of California San Diego School of Medicine

More than three decades after the end of the Gulf War, the U.S. Centers for Disease Control and Prevention (CDC) has officially recognized Gulf War Illness within their International Classifications of Disease (ICD). The CDC’s recent recognition provides a long overdue validation to the estimated 230,000 troops who have suffered from chronic health symptoms because of their service in the Gulf War. For years, Veteran Affairs (VA) and

community healthcare providers have had to piece together puzzling variations of health complications possibly related to Gulf War service. One of the longstanding problems in diagnosing Gulf War Illness has been that symptoms correlated with the illness resembled other medically explainable disorders. More importantly, symptoms associated with Gulf War Illness vary between cases. This systematically created confusion, as case studies created differing frameworks for the treatment and diagnostic criteria of Gulf War Illness. As a result, the VA preferred not to fully categorize for an overarching gulf war illness because to the VA, “symptoms amongst Gulf War veterans varied widely.” Veterans who sought treatment for their Gulf War-related symptoms were left with a sense of confusion, abandonment, and distress since symptoms appeared to be dismissed and belittled by their presumed healthcare advocates. This blog post will explore the VA’s role in Gulf War Illness recognition, the CDC’s recent recognition of Gulf War Illness, and how the CDC’s recognition will impact VA benefits and the Federal Tort Claim Act (FTCA).

The VA’s Role in Limited Expansion of Gulf War Illness Recognition

Despite the Gulf War being a relatively short conflict, an estimated 700,000 military personnel served in the conflict. Of the estimated 700,000 personnel, 230,000 personnel developed a slew of unexplainable health complications during and following the conflict. While not an extensive list, health complications associated with service in the Gulf War include: gastrointestinal problems, neurocognitive problems, persistent pain, debilitating fatigue, respiratory problems and dermatological (skin) problems. It is important to understand that while all of these symptoms are correlated with service in the Gulf War, not all cases of Gulf War Illness include these symptoms. This is one of the main reasons why pinpointing cases of Gulf War Illness became troublesome for healthcare providers.

What Has Changed?

What Does This Mean for Benefits and FTCA?

The CDC’s recent recognition puts pressure on the VA to adjust their current stance on GWI. However, the CDC’s ICD code is a medical recognition, not a benefits recognition. The VA requires separate administrative action to obtain recognition for benefits. Prior challenges with GWI recognition stemmed from institutional conflicts in the wake of overwhelming evidence (i.e., the 2008 RAC report and preceding events). CDC recognition is a starting point, and there are likely to be challenges with institutional recognition within the VA. While slow, history shows that toxic exposure accountability can happen within the VA.

For FTCA claims, the new diagnostics code opens new considerations. When VA providers fail to properly evaluate or treat GWI symptoms, that could constitute negligence now that the condition has formal medical recognition. Previously, providers might claim they could not diagnose an unrecognized condition. That defense may no longer hold. The standard of care now includes awareness of GWI and appropriate treatment. However, many potential claims may already be time-barred. Veterans who received inadequate care years ago can’t bring claims now—the two-year FTCA deadline expired (we have blog posts that discuss this dilemma). The code might help veterans with recent VA care failures.

If providers have overlooked symptoms or offered insufficient treatment within the past two years, it is advisable to consult FTCA attorneys promptly. Medical recognition without benefits creates frustration; however, there are still avenues to explore. Veterans can now get properly diagnosed but still fight for disability compensation. The diagnostic code helps documentation—but doesn’t automatically qualify veterans for VA benefits.

While this is not an exhaustive discussion on the CDC’s recent GWI recognition, it is a broad overview of the events that have shaped GWI recognition. For more information, please check out the links down below. If you, or a loved one, have been injured by a VA healthcare provider, or VA facility, you may be entitled to compensation. Contact our office and schedule a free consultation.