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Extension of the Presumptive Period for Compensation for Gulf War Veterans

The Office of Field Operations (OFO), in coordination with Compensation Service (CS), is sharing the following updates regarding the 38 CFR and the M21-1.

On February 3, 2022, the Federal Register published a final rule, Extension of the Presumptive
Period for Compensation for Gulf War Veterans. This rule was effective immediately. See
Federal Register :: Extension of the Presumptive Period for Compensation for Gulf War Veterans.

VA published a rule to amend its adjudication regulation 38 CFR 3.317 regarding compensation for disabilities suffered by veterans who served in the Southwest Asia Theater of Operations during the Persian Gulf War. This amendment is necessary to extend the presumptive period during which disabilities associated with undiagnosed illnesses and medically unexplained chronic multisymptom illnesses must become manifest in order for a veteran to be eligible for compensation.

To effectuate this rule, under 38 CFR 3.317(a)(1 )(i), VA replaced the phrase “not later than December 31, 2021” with “not later than December 31, 2026.” CS previously published M21-1 updates on September 20, 2021, and December 28, 2021, to correspond to this change.

When needed, claims processors should properly edit the analysis language in VBMS-R Rating Glossary fragments addressing this update. The new fragments will be available for automatic population in a future VBMS update.

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