In 1990 and 1991, 697,000 men and women of the US armed forces served in the Persian Gulf. During their service these veterans were exposed to a wide array of known and potential hazards to health. These risk factors included extremes of heat and cold, blowing dust, smoke from oil well fires, petroleum fuels and their combustion products, pyridostigmine bromide (administered as pretreatment for potential poison gas exposure), anthrax and botulinum toxoid vaccines, depleted uranium (used in certain artillery shells), infectious diseases, chemical warfare agents, pesticides, and pervasive psychological and physiological stress.

Since returning home, many Persian Gulf War veterans have developed illnesses. Some have specific diseases that clearly resulted from their military service. For example, 32 veterans have been diagnosed with leishmaniasis, (ed. a tropical disease causing lesions and sores of the skin and mucous membranes), and 7 have developed malaria. Several dozen retain fragments of depleted uranium embedded in their bodies, and others sustained traumatic injuries. But perhaps most notably, many more veterans have returned with an array of symptoms--including fatigue, joint pain, gastrointestinal complaints, memory problems, emotional change, impotence, and insomnia--that defy diagnostic classification. Source: 1997, Journal of the American Medical Association, by Philip J. Landrigan, M.D.

On November 2nd, 1994, Congress enacted the "Persian Gulf War Veterans' Benefits Act." (The Act) It authorized the VA to compensate any Persian Gulf veteran for a chronic disability resulting from an "undiagnosed illness" or a combination of "undiagnosed illnesses" incurred during the Persian Gulf War or within two years after such service.

Sounds good, but recovering such benefits has been tougher than chewing on a $2.00 steak.

The biggest hurdle Gulf war veterans face is having their illnesses rated "undiagnosed" so as to be considered compensable under "The Act," because believe it or not "Gulf War Illness/Syndrome" is not rated as a disability.

Let's review an actual case. The veteran while still in service was suffering several debilitating conditions - - dizziness, sleep apnea (ed. temporary suspension of breathing), chronic fatigue syndrome, low blood pressure (80/60), joint and muscle pain, as well as memory loss. Prior to discharge, his medical records were evaluated by a Medical Review Board to determine whether he was "fit for duty" or "unfit for duty."

In spite of his acknowledged disabilities, he was rated "fit for duty" but with this profile, "history of syncope (ed. temporary loss of consciousness caused by cerebral anemia), no prolonged standing, climbing, operation of heavy machinery, or work with hazardous material, no especially long shifts (7-8 hours) or overnight work, no strenuous training or physical fitness requirements, no work on flight line or uncontrolled climate, no deployments, no driving of government or personal vehicles)."

The veteran was told the decision was final. There was no appeal process. Although he was pronounced "fit for duty" he was not allowed to return to duty. His doctors told him he should continue his current medications for another year at which time they would reduce them and see if he could manage without them.

This veteran is thus being discharged with a "fit for duty" evaluation and without a disability evaluation. He cannot return to any military hospital, receives no disability compensation and must hope that the VA will provide him necessary medical care.

Now, according to "The Act," among other things, to qualify for service connection the claimed illness must be chronic. To fulfill this requirement, the illness must persist for at least six months. Furthermore, the illness must have become manifest either in active duty during the Persian Gulf War or to a degree of 10% or more not later than two years after the Persian Gulf War service ended.

It all seems so simple, but as a practical matter, not so.

First of all, a condition having a known clinical diagnosis is not acceptable under "The Act," which only considers "undiagnosed illnesses," although a diagnosed illness can be considered but under other provisions that are not applicable during the Persian Gulf War.

And, in addition, "The Act" defines qualifying Gulf service, establishes the presumptive period for service connection and provides a broad but non-exclusive list of signs and symptoms which may represent "undiagnosed illnesses" for which compensation may be paid.

The whole process for seeking a just and proper result for these honorably discharged men and women is a mine field of gigantic proportions. For example, if the veteran's claim is evaluated as a known illness, "irritable bowel syndrome," for instance, the claim will be denied as it is not an "undiagnosed illness," as defined in "The Act."

Thousands of Persian Gulf War Veterans have been the victims of economy-minded medical personnel. There are doctors and medical administrators who put the defense budget above the medical needs of injured veterans rather than giving the veteran the benefit of the doubt. Currently there is a lengthy backlog of the veterans' denied claims awaiting decisions in the appeal process. We are informed that the New York City NSO Office has dozens of such cases pending.

Folks, same old story. Heads they win, tails we lose! You just can't make this stuff up.