Recently, on 26th April, 2022, the U.S. Department of Veterans Affairs (VA) added nine rare respiratory malignancies to the list of suspected service-connected diseases for Veterans who served in the military for any length of time and were exposed to fine particulate matter. During the Persian Gulf War, from September 19, 2001, until the present, Afghanistan, Djibouti, Syria, or Uzbekistan, or from August 2, 1990, to the present, the Southwest Asia theatre of operations. The Nine rare respiratory cancers caused due to particulate matter are as follows: 

• Squamous cell carcinoma of the larynx;
• Squamous cell carcinoma 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.

VA PURPOSE OF THIS AMENDMENT

The U.S. The Department of Veterans Affairs (VA) is working in providing health care services to the Veterans and the benefits they deserve during the course of their employment. The VA has trying to initatate additional support Veterans during and after the completion of their service. The purpose of this amendment is to reduce the burden of proof for Veterans who submit claims with the VA for these nine uncommon lung malignancies. VA is now entertaining the claims of those Veterans who were once denied the health care service for respiratory cancers. 

STATUTORY PROVISIONS 

The Persian Gulf War Veterans Act of 1998, Public Law 105-277 (codified at 38 U.S.C. 1118), and the Veterans Programs Enhancement Act of 1998, Public Law 105-368, required the Secretary of Veterans Affairs to enter into an agreement with NASEM to review and evaluate available scientific evidence regarding associations between illnesses and agents, hazards, medicine, or vaccine to which service members may have been exposed during the Gulf War. The VA would then decide whether a positive link exists between various exposures and the onset of any disease based on the NASEM reports and all other valid medical and scientific information and analysis available.

PROCEDURE FOLLOWED

The nine rare respiratory malignancies are exempt from the VA's manifestation period criteria. As a result, if the nine rare respiratory malignancies appear to any degree after separation from a qualifying term of military service, VA will conclude that they are service associated. 

Thus, from the above mentioned statement it should be noted that there is a prerequisite to avail this service of The VA, i.e., the disease must be deemed to be connected with the service. There are few exceptions to it such as: 

• When the sickness was not contracted or made worse during a qualifying period of service; or
• Between the Veteran's most recent leave from a qualifying period of service and the commencement of the sickness, a supervening condition or incident occurs; or
• The illness is a result of the Veteran's own intentional actions causing the condition.

CONCLUSION 

The VA has recently made it much easier to connect these nine rare respiratory cancers caused due to particulate matter for compensation for veterans.  You can get my assistance for your case and we can answer all your questions. Please feel free to book a free consultation with me.