Back in the early 90’s when I was executive director of the National Gulf War Resource Center, one of our biggest successes was the passage of the Gulf War Veterans Benefits Act of 1994. This law passed on November 20, 1994 and for the first time recognized the health problems effecting hundreds of thousands of Gulf War veterans.
VA established 38 CFR § 3.317 to implement the law. This regulation provides important protections for veterans who served in Southwest Asia and later developed unexplained symptoms.
What Is 38 CFR § 3.317?
38 CFR § 3.317 requires VA to grant disability compensation for undiagnosed illnesses and medically unexplained chronic multisymptom illnesses (MUCMIs) in certain veterans. This rule applies to those who served in the Persian Gulf War, which includes operations in countries like Iraq, Kuwait, Saudi Arabia, and surrounding regions.
Who Is Eligible?
To qualify under this regulation, you must have:
- Served in Southwest Asia on or after August 2, 1990, or in Afghanistan after September 19, 2001
- A qualifying chronic disability that began at any time during or after service
- Symptoms that last six months or more and cannot be explained by a specific diagnosis
What Conditions Are Covered?
VA benefits under 38 CFR § 3.317 may be granted for:
- Undiagnosed illnesses: symptoms like fatigue, joint pain, memory problems, skin issues, or headaches with no known medical cause
- MUCMIs, such as:
- Chronic fatigue syndrome
- Fibromyalgia
- Functional gastrointestinal disorders (like IBS)
The VA considers the severity, duration, and impact of your symptoms, even if there’s no clear medical diagnosis.
Why It Matters
Hundreds of thousands of Gulf War veterans suffer from symptoms that don’t fit into traditional diagnoses. 38 CFR § 3.317 gives veterans a way to receive compensation and care. If you served in Southwest Asia and are living with chronic health problems that doctors can’t explain, this regulation may help you qualify for VA benefits.
Tip: Be sure to document your symptoms thoroughly and specifically cite 38 CFR 3.317 when filing your claim.
