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Gulf war veteran syndrome

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   http://www.kwwl.com/Global/story.asp?s=%20%2026528

http://www.kwwl.com/Global/story.asp?s=%20%2026528

Gulf War Veteran Suffering from Lung Problems Entitled to Medical Pension, Says Federal Judge

FREDERICTON, Jan 17, 2000 (The Canadian Press via COMTEX) -- The Minister of Veterans Affairs was ordered Monday to grant a Fredericton Gulf War veteran medical pension benefits.
The federal court decision reverses a 1998 ruling by the Veterans Affairs Department and a subsequent review by an appeal board which both denied benefits to Ronald J. Cundell.

Cundell sought the pension after returning from service in the Persian Gulf in 1991 experiencing severe coughing spells and migraine headaches.

During his 31 days of service he said he was exposed to pollutants created by oil well fires but a review board said there was no definitive medical opinion on what caused his condition.

During testimony before a federal court judge, Dr. Nancy Morrison said medical tests were unable to determine whether Cundell suffered from sarcoidosis, or Gulf War Syndrome.

Cundell argued that since the board didn't provide any contradictory evidence, Morrison's findings should have been accepted by the federal pension board.

Federal Court Judge Max Teitelbaum agreed.

``The decision of the board is patently unreasonable,'' he said, stating Cundell is clearly entitled to receive his pension.

``The board erred when it refused the applicant his right to a pension because (as) Morrison says, `the etiology of sarcoidosis is unclear,''' said Teitelbaum.

``It may be a fact that the etiology of sarcoidosis is unclear but what is not unclear is that all X-rays of the applicant before he went to the Persian Gulf showed no problem with his lungs and upon return or soon thereafter, the X-rays show the sarcoidosis.''

The amount of benefits Cundell was entitled to was not immediately known. (Fredericton Gleaner)


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