This law was added affective August 5, 2021 as part of 38 CFR 3.320, the same law that allowed for presumptive service-connection for asthma, sinusitis and rhinitis including rhinosinusitis which develop within 10 years of military discharge.
This list is specific to what VA calls “rare cancers” only. For a list of other cancers that are considered presumptive based on Gulf War service, please check the list of presumptive disabilities associated with exposure to burn pits and other toxins (BPOT) that was added by the PACT Act effective August 10, 2022.
The PACT Act law includes a broader definition of “respiratory cancers of any type” which would encompass all the cancers listed below. However, depending on when your cancer was diagnosed and when you submit your claim, you may be entitled to an earlier effective date depending on which law is used to grant your claim for presumptive service connection.
Who qualifies for these benefits?
Veterans who served in the following locations, including the airspace above them, from August 2, 1990:
- Iraq
- Kuwait
- Saudi Arabia
- the neutral zone between Iraq and Saudi Arabia
- Bahrain
- Qatar
- the United Arab Emirates
- Oman
- the Gulf of Aden
- the Gulf of Oman
- the Persian Gulf
- the Arabian Sea
- the Red Sea
Veterans who served in the following locations, including the airspace above them, from September 19, 2001:
- Afghanistan
- Syria
- Djibouti
- Uzbekistan
What are the presumptive disabilities under this law?
- squamous cell carcinoma (SCC) of the larynx
- squamous cell carcinoma (SCC) of the trachea
- adenocarcinoma of the trachea
- salivary gland-type tumors of the trachea
- adenosquamous carcinoma of the lung
- large cell carcinoma of the lung
- salivary gland-type tumors of the lung
- sarcomatoid carcinoma of the lung, and
- typical and atypical carcinoid of the lung
Are these disabilities presumptive?
Yes, the diseases listed above are considered presumptive disabilities if they are shown to have manifested any degree (including non-compensable) at any time after discharge.
Meaning, if you have a diagnosis of any of the disabilities shown above and you have qualifying service as shown above, then VA will presume that your disability is caused by your service.
Important regulations and case law
Complete list of recognized Gulf War and Southwest Asia locations for Presumptive Conditions
Pingback: Complete List of Recognized Gulf War Locations for Presumptive Conditions – VetHacker