Gulf War Syndrome
20. The
Agency assesses claims on the basis of conditions recognised in
the World Health Organisation's classification of diseases which
had as yet not identified a condition described as Gulf War Syndrome.[48]
Some claimants may use the term—and 138 had done so on their
claim papers up to August 2003[49]—and
these claims are processed by the Agency in the same manner as
any other claim.[50]
All claims for disablement due to service can be assessed under
the War Pensions Scheme,[51]
and around 90% of those who had applied for war pensions on the
basis of a condition described as Gulf War Syndrome were in receipt
of a war pension on the basis of other diagnostic classifications.
A recent decision reached by a Pensions Appeal Tribunal had allowed
the term "Gulf War Syndrome" to describe an individual's
accepted disablement, but the decision was related only to the
labelling of that case.[52]
21. The Agency told us that although the implications
of the judgement were still under consideration,[53]
if such a definition were to be introduced it would not have any
effect on the disablement claims that were paid under the War
Pensions Scheme[54] as
awards under the Scheme are not paid according to diagnostic labels
but on an assessed overall level of disablement.[55]
The Agency could not say what the wider implications of the ruling
were for compensation claims or civil cases of negligence, as
its remit is limited to the War Pensions Scheme.[56]
31 
