Section E. Claims Based on Service in Southwest Asia


Examinations in Claims Based on Southwest Asia Service



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2. Examinations in Claims Based on Southwest Asia Service




Introduction

This topic contains information on examinations in claims based on Southwest Asia service, including


  • when a Gulf War examination is necessary

  • impact of known clinical diagnoses on whether a Gulf War exam is necessary

  • example: a Gulf War examination is necessary

  • Gulf War examination is unnecessary when the claim is substantiated

  • example 1: Gulf War exam is unnecessary because the claim is substantiated

  • example 2: Gulf War exam is unnecessary because the claim is substantiated

  • Gulf War examination unnecessary – no potential 38 CFR 3.317 entitlement

  • example: Gulf War examination is unnecessary – no potential 38 CFR 3.317 entitlement

  • requesting an examination in a Southwest Asia claim, and

  • Notice to Examiners in Southwest Asia Claims.




Change Date

February 16, 2016



a. When a Gulf War Examination is Necessary

38 CFR 3.159(c)(4) provides that an examination is necessary in cases falling under 38 CFR 3.317 when there is


  • competent lay or medical evidence of a chronic disease (or chronic signs or symptoms of a disease) listed in 38 CFR 3.317 manifesting within the period specified in 38 CFR 3.317, namely

  • no later than December 31, 2016, for disability due to undiagnosed illness and medically unexplained chronic multi-symptom illnesses, or

  • as provided in 38 CFR 3.317(c)(3)(i) for infectious diseases, and

  • service required by 38 CFR 3.317, which is either

  • qualifying service in the Southwest Asia theater of operations as defined in 38 CFR 3.317(e)(2), or

  • qualifying service in Afghanistan (for the purpose of a claim under 38 CFR 3.317(c) only).





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