Gulf War Syndrome: Disability Claims Lawyer
In response to veterans suffering from undiagnosed medical conditions, Congress enacted 38 U.S.C. § 1117, which eliminated the nexus requirement for some “qualifying chronic disabilities.” Thus, if a veteran of the Persian Gulf era suffers from a qualifying chronic disability which manifests to a degree of 10 percent or more since return from active duty in Southwest Asia, then service connection is presumed.
REQUIREMENTS FOR PRESUMPTIVE SERVICE CONNECTION
- You qualify as a veteran of the Gulf War period,
- You have a qualifying chronic disability, and
- Your disability can be rated at 10 percent or more.
PERSIAN GULF WAR VETERAN
The Gulf War period is defined as beginning on August 2, 1990, and continuing as of today, so Gulf War veterans include not only veterans who served during the first Gulf War in Operations Desert Shield and Desert Storm, but also any veteran who has served in the Southwest Asia theater of operations since then. Southwest Asia includes:
- Iraq, Kuwait, Saudi Arabia, Bahrain, Qatar, the United Arab Emirates, or Afghanistan,
- The neutral zone between Iraq and Saudi Arabia, or
- The Gulf of Aden, the Gulf of Oman, the Persian Gulf, the Arabian Sea, or the Red Sea.
QUALIFYING CHRONIC DISABILITY
A qualifying chronic disability is defined as:
- An undiagnosed illness,
- A medically unexplained chronic multi-symptom illness, or
- Any diagnosed illness VA determines warrants a presumption of service connection.
Symptoms of an undiagnosed illness includes fatigue, unexplained rashes or other dermatological disorders, headaches, muscle pain, joint pain, neurological and psychological issues, respiratory disorders, sleep disturbances, gastrointestinal disorders, cardiovascular disorders, abnormal weight loss, and menstrual disorders. These symptoms must be chronic, meaning they must have existed for six months or more, or have exhibited intermittent episodes of improvement and worsening over a six-month period.
Chronic multisymptom illnesses include chronic fatigue syndrome, fibromyalgia, irritable bowel syndrome or other functional gastrointestinal disorders, or any other medically unexplained chronic illness for which VA will make a case by case determination.
Finally, the VA presumes service connection for nine infectious diseases: brucellosis, campylobacter jejuni, coxiella burnetii (Q fever), malaria, mycobacterium tuberculosis, nontyphoid salmonella, shigella, visceral leishmaniasis, and West Nile virus. With the exception of visceral leishmaniasis and mycobacterium tuberculosis, an infectious disease must manifest to a degree of 10 percent or more within one year of service in Southwest Asia or Afghanistan.
HOW I CAN HELP
Gulf War Syndrome claims are complicated and confusing because the VA essentially requires a diagnosis of an undiagnosed illness. If a physician or the VA gives you a specific diagnosis, you will not be entitled to presumptive service connection and instead will have to prove service connection for that diagnosis.
MY FEE
I work on a contingency fee basis which means you pay no up-front fees for my representation. You only pay my fee if I successfully resolve your appeal. My fee is a reasonable percentage of your backpay award, and does not impact your future benefits.
In addition, I advance all costs of your appeal including the cost of obtaining independent medical examinations (when appropriate). You are only responsible for repayment of expenses upon successful resolution of your appeal, or if you terminate my representation before final conclusion of your appeal.
WHY ME
I handle every aspect of your case from initial intake to resolution, and as a disabled veteran myself, I understand what you are going through. I don’t use support staff, so you are always dealing with me and I pride myself on responding to my clients in a timely manner.
Our Firm’s Military Experience & Education
Each team member at After Service LLC has a personal connection to the military. Two of our attorneys have served in the armed forces, bringing firsthand experience and understanding to the challenges faced by service members and their families. Our lead attorney, Gregory M. Rada, received his A.A.S. degree in Aviation Operations at the Community College of the Air Force. He then earned his bachelor’s degree in information technology while serving in the Air Force. With our collective military background, we are truly a firm of veterans, for veterans.
Types of Gulf War Syndrome Disability Cases We Handle
At Gregory M. Rada, Attorney at Law, we specialize in handling Gulf War Syndrome disability cases with a focus on VA disability compensation appeals and Dependency and Indemnity Compensation (DIC) appeals for surviving spouses. Gregory M. Rada brings not only legal experience, but also personal experience as a disabled U.S. Air Force veteran. Having gone through his own lengthy claims process, he deeply understands the challenges veterans face when filing disability claims without proper legal guidance. This perspective strengthens our commitment to putting veterans’ rights first.
Chronic Multisymptom Illness Cases
One of the primary categories of Gulf War Syndrome disability claims involves chronic multisymptom illness (CMI), which includes a range of symptoms such as fatigue, muscle pain, headaches, cognitive difficulties, and gastrointestinal issues. Veterans who served in the Gulf War and experience these persistent symptoms often struggle to get their conditions recognized by the VA. We assist veterans by collecting thorough medical evidence and linking these symptoms to their service, improving the chances of a favorable disability rating.
Neurological And Cognitive Impairment Claims
Neurological problems including memory loss, difficulty concentrating, and other cognitive impairments are common among Gulf War veterans exposed to toxic substances and environmental hazards. These cases require detailed medical documentation and expert opinions to establish service connection. Our firm works closely with medical professionals to develop strong evidence that supports these claims, advocating for appropriate compensation based on the severity of the neurological impairments.
Respiratory And Pulmonary Disorder Cases
Many veterans diagnosed with Gulf War Syndrome also suffer from respiratory or pulmonary conditions such as chronic bronchitis, asthma, or other breathing difficulties. These conditions can significantly impact daily life and work capacity. We guide veterans through the claims process by compiling service records, exposure history, and medical evaluations to clearly demonstrate the connection between their respiratory disorders and Gulf War service.
Mental Health Disability Claims
Mental health issues, including post-traumatic stress disorder (PTSD), depression, and anxiety, often accompany Gulf War-related conditions. Veterans may find it challenging to prove their mental health conditions are related to their service due to stigma or lack of early diagnosis. We provide compassionate legal support to veterans filing these claims, helping to assemble comprehensive medical and service evidence to substantiate their mental health disabilities.
Secondary Condition Cases
In some situations, veterans may have secondary conditions that qualify for VA disability benefits. These can include diabetes, certain cancers, or autoimmune diseases that develop as a result of the primary condition. We assist veterans in establishing these secondary connections and pursuing appropriate compensation for all related disabilities.
Legal Support For Your Gulf War Syndrome Disability Claim
Pursuing Gulf War Syndrome disability cases requires a dedicated and knowledgeable legal partner. At Gregory M. Rada, Attorney at Law, we pride ourselves on being veterans for veterans, offering proven experience and personalized attention to each client. If you or a loved one is struggling with Gulf War-related health issues, we encourage you to reach out for a free consultation. Together, we can work toward securing the benefits you have earned through your service.
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1580 N Logan St, Ste 660, PMB 4545
Denver, CO 80203
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