Lung cancer, brain cancer, and migraine headaches have been rejected by VA as presumptive disabilities for Gulf War Veterans. Despite evidence that suggests that Gulf War Veterans suffer from these disease, VA has decided that such disabilities will not be listed as presumptively related to Gulf War service. This means that members of Congress may push to have these disabilities added as presumptive conditions, however, budget restrictions make this tough.
This does not mean that Gulf War Veterans with these disabilities should abandon hope. That is because it is possible to prove a direct link between these disabilities and exposures in the Persian Gulf, without relaying on the VA presumption. The case law of the U.S. Court of Appeals for Veterans Claims requires the VA to service-connect any disease where medical evidence shows it is related to an exposure to a chemical or substance in service, regardless of whether VA lists it a presumptive condition. Our office has worked on numerous cases where a claimed disability is not listed as presumptively related to Gulf War Service. We are able to produce results in such cases. To win such a case, we hire an expert doctor or other professional to testify and write a report explaining the link between a current disability and Gulf War Service. This also works in the case of presumptive conditions related to Agent Orange and radiation exposure.