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Disabled veterans who served in the Gulf War since its start on August 2, 1990, may qualify for a variety of VA benefits. This includes a presumption of qualification for disability compensation if you suffer from any of several medically unexplained illnesses popularly known as Gulf War Syndrome. In addition, Gulf War veterans who have certain infectious diseases or, among veterans with 90 days or more of continuous active military service, ALS (amyotrophic lateral sclerosis) also qualify for disability benefits.
Normally, to obtain VA disability compensation, a veteran must show three things: (1) a current disability, (2) an in-service injury or illness, and (3) a link between the in-service injury or illness and the current disability.
Under the VA presumptive rules for Gulf War Illness, under some circumstances VA will presume an in-service injury or illness, or a link between a disability and in-service exposure—or both—for certain veterans. This makes it much easier to prove a connection to service and gain VA disability compensation benefits.
Even if a veteran does not qualify for the presumptions of in-service injury or illness or a link between a current disability and service, the veteran can still obtain VA disability benefits—but his or her claim must show more evidence of a connection to service.
However, like all VA disability programs, the way rules are applied to veterans’ claims is not as straightforward as you might expect. Many deserving veterans find themselves short-changed. Berry Law Firm helps Gulf War veterans appeal denials of disability compensation. We have decades of experience appealing VA disability claims.
Schedule a consultation with our knowledgeable team today.
As explained above, usually to have VA approve a claim connecting a disability to military service, a veteran needs to show: (1) a current disability, (2) an in-service injury or illness, and (3) a link between the in-service injury or illness and the current disability. But veterans do not have to prove an in-service injury or illness if they have certain qualifying service in the Southwest Asia theater of operations. Instead, the VA presumes an in-service injury or illness for veterans who:
There are three categories of Gulf War Illness:
Once service connection is proven for Gulf War Illness, the amount of monthly, tax-free payments that a veteran receives will depend on their specific disability and how much that disability affects earning capacity.
We help veterans to seek the disability benefits they earned through their service and sacrifice. We are committed to this work because many of our attorneys are military veterans ourselves:
Founder John S. Berry Sr. is a Vietnam veteran with a long history of representing fellow Vietnam veterans who suffer from PTSD.
John S. Berry Jr. is a former Army Ranger who served as a company commander in Iraq during Operation Iraqi Freedom and, before that, deployed to Bosnia for Operation Joint Forge.
We do not stop fighting for our clients when the VA says “no.”We take on the complex legal issues behind veterans’ claims that are often appealed to federal courts.
We know the way forward.
The Department of Veterans Affairs provides relatively wide latitude for veterans of the Gulf War to obtain VA disability benefits. But the technicalities of VA law and the multiple illnesses linked to service in the Southwest Asia theater of operations complicate claims. The VA continues to issue too many unwarranted denials and incorrect disability ratings to deserving Gulf War veterans.
It can be difficult for anyone, particularly an ill veteran, to wade through the complexity of a VA benefit claim. But at Berry Law Firm, our attorneys deal with the VA every day and frequently litigate faulty claims successfully at the appeals court level. We know the way forward. We can sort out your claim and seek the full benefit you deserve for service in the Gulf during Operation Iraqi Freedom, Operation New Dawn, or other deployments.
Contact our Gulf War disability claims lawyers today.
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“Berry Law was very methodical in examining the records that I had…They found many discrepancies that the Veteran Administration had made in my appeals process…They’re always available. They’re approachable, they’re friendly very professional.”
– Terry Straatmann, Air Force Veteran
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