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Gold9472
10-31-2005, 10:39 PM
Landmark Gulf War Syndrome ruling

http://news.scotsman.com/latest.cfm?id=2174832005

10/31/2005

A former guardsman has won a "landmark decision" for a Ministry of Defence pension based on Gulf War Syndrome.

The Pensions Appeal Tribunal (PAT) decided Daniel Martin, 35, of Luton, should be given a disability award, using Gulf War Syndrome as an "umbrella term" to cover his ailments, which are attributable to his service in the 1991 conflict.

The test case could now help hundreds of ex-servicemen. The National Gulf Veterans and Families Association said that of the 7,500 veterans who have made a claim for a disablement pension, 1,500 have claimed GWS, and only two cases have been heard so far.

The tribunal, which hears appeals from ex-service staff who have had their claims for a War Pension rejected by the Secretary of State for Defence, agreed with Lord Lloyd's previous inquiry.

That found that "veterans of the Gulf War later developed an excess of symptomatic ill health over and above that to be expected in the normal course of events" and "there is a Gulf War Health effect".

They added: "The term Gulf War Syndrome is the appropriate medical label to be attached to this excess of symptoms and a useful umbrella for that label.

"It is highly regrettable that there was such a delay in the Ministry of Defence accepting this approach."

Solicitor Mark McGhee, of Linder Myers solicitors, who represented Mr Martin at the tribunal, said: "This is a landmark ruling. It is the definitive case on Gulf War Syndrome to date. Daniel stuck to his guns and has been vindicated, and this is going to have massive implications for hundreds of Gulf War veterans, who clearly suffer from Gulf War Syndrome."

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