§ 1117. Compensation for disabilities occurring in Persian Gulf War veterans

7,124 words·~32 min read·/usc/title-38/section-1117

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)The Secretary may pay compensation under this subchapter to a Persian Gulf veteran with a qualifying chronic disability that became manifest to any degree at any time.

(2)For purposes of this subsection, the term “qualifying chronic disability” means a chronic disability resulting from any of the following (or any combination of any of the following):

(A)An undiagnosed illness.

(B)A medically unexplained chronic multisymptom illness (such as chronic fatigue syndrome, fibromyalgia, and irritable bowel syndrome) that is defined by a cluster of signs or symptoms.

(C)Any diagnosed illness that the Secretary determines in regulations prescribed under subsection

(c)warrants a presumption of service-connection.

(1)Whenever the Secretary determines under section 1118(c) 1 of this title that a presumption of service connection previously established under this section is no longer warranted—

(A)a veteran who was awarded compensation under this section on the basis of the presumption shall continue to be entitled to receive compensation under this section on that basis; and

(B)a survivor of a veteran who was awarded dependency and indemnity compensation for the death of a veteran resulting from the disease on the basis of the presumption before that date shall continue to be entitled to receive dependency and indemnity compensation on that basis.

(2)This subsection shall cease to be effective on September 30, 2011.

(1)The Secretary shall prescribe regulations to carry out this section.

(2)Those regulations shall include the following:

(A)A description of the period and geographical area or areas of military service in connection with which compensation under this section may be paid.

(B)A description of the illnesses for which compensation under this section may be paid.

(C)A description of any relevant medical characteristic (such as a latency period) associated with each such illness.

(d)If a Persian Gulf veteran at a medical facility of the Department presents with any one symptom associated with Gulf War Illness, the Secretary shall ensure that health care personnel of the Department use a disability benefits questionnaire, or successor questionnaire, designed to identify Gulf War Illness, in addition to any other diagnostic actions the personnel determine appropriate.

(e)A disability for which compensation under this subchapter is payable shall be considered to be service connected for purposes of all other laws of the United States.

(f)For purposes of this section, the term “Persian Gulf veteran” means a veteran who served on active duty in the Armed Forces in the Southwest Asia theater of operations, Afghanistan, Israel, Egypt, Turkey, Syria, or Jordan, during the Persian Gulf War.

(g)For purposes of this section, signs or symptoms that may be a manifestation of an undiagnosed illness or a chronic multisymptom illness include the following:

(1)Fatigue.

(2)Unexplained rashes or other dermatological signs or symptoms.

(3)Headache.

(4)Muscle pain.

(5)Joint pain.

(6)Neurological signs and symptoms.

(7)Neuropsychological signs or symptoms.

(8)Signs or symptoms involving the upper or lower respiratory system.

(9)Sleep disturbances.

(10)Gastrointestinal signs or symptoms.

(11)Cardiovascular signs or symptoms.

(12)Abnormal weight loss.

(13)Menstrual disorders.

(1)If the Secretary determines with respect to a medical research project sponsored by the Department that it is necessary for the conduct of the project that Persian Gulf veterans in receipt of compensation under this section or section 1118 of this title participate in the project without the possibility of loss of service connection under either such section, the Secretary shall provide that service connection granted under either such section for disability of a veteran who participated in the research project may not be terminated. Except as provided in paragraph (2), notwithstanding any other provision of law any grant of service-connection protected under this subsection shall remain service-connected for purposes of all provisions of law under this title.

(2)Paragraph

(1)does not apply in a case in which—

(A)the original award of compensation or service connection was based on fraud; or

(B)it is clearly shown from military records that the person concerned did not have the requisite service or character of discharge.

(3)The Secretary shall publish in the Federal Register a list of medical research projects sponsored by the Department for which service connection granted under this section or section 1118 of this title may not be terminated pursuant to paragraph (1).

(1)The Secretary shall take such actions as may be necessary to ensure that health care personnel of the Department are appropriately trained to effectively carry out this section.

(2)Not less frequently than once each year, the Secretary shall submit to Congress a report on the actions taken by the Secretary to carry out paragraph (1).

(Added Pub. L. 103–446, title I, § 106(a)(1), Nov. 2, 1994, 108 Stat. 4650; amended Pub. L. 105–277, div. C, title XVI, § 1602(c), Oct. 21, 1998, 112 Stat. 2681–744; Pub. L. 107–103, title II, §§ 202(a), (b)(1), (d)(1), 203(a), Dec. 27, 2001, 115 Stat. 988, 989; Pub. L. 109–233, title V, § 503(1), June 15, 2006, 120 Stat. 415; Pub. L. 117–168, title IV, § 405, Aug. 10, 2022, 136 Stat. 1783.)