Related
to Gulf War and Southwest Asia Service
Purpose
This letter provides information on a regulatory change being developed by VA to clarify the meaning
of a diagnosed “medically unexplained chronic multisymptom illness” for disability claims based on Gulf War and
Southwest Asia service.
Background
VA has statutory authority under 38 U.S.C. §
1117 to compensate Veterans for qualifying chronic disabilities resulting from Gulf War and Southwest Asia service when the
disability is an “undiagnosed illness” or a diagnosed “medically unexplained chronic multisymptom illness.”
Section 1117 provides the following as examples of qualifying diagnosed multisymptom illnesses: chronic fatigue syndrome,
irritable bowel syndrome, and fibromyalgia. However, the regulatory language of section 3.317 implementing the statute
suggests that these three diagnosed illnesses are an exclusive listing, rather than just examples.
Regulatory Change
VA is revising § 3.317 to clarify that the three listed diagnosed multisymptom illnesses are not
exclusive, but rather are examples that can serve to inform VA medical examiners and adjudicators of the general types of
medically unexplained chronic multisymptom illnesses that may qualify for service connection under the § 1117 authority.
Questions
Bradley G. Mayes
Director
Compensation and Pension Service