§1074e — Title 10 Armed Forces | U.S. Code

Summary

Reserve members who meet certain rules must get medical care for Persian Gulf–related illnesses. The care is the same and under the same conditions as the care given to regular members, except the person does not have to be on active duty. To get this care a reserve member must be a Persian Gulf veteran, have a qualifying Persian Gulf symptom or illness, and not already be eligible for that care under other military or VA rules. A "Persian Gulf veteran" is someone who served on active duty in the Southwest Asia theater during the Persian Gulf Conflict. A "qualifying" illness or symptom is one the member registered before September 1, 1997, in either the Department of Defense’s Comprehensive Clinical Evaluation Program (and that the law presumes is from that service) or the VA’s Persian Gulf War Veterans Health Registry.

Title 10, §1074e

Armed Forces — Source: USLM XML via OLRC

(a)A member of the armed forces described in subsection (b) is entitled to medical care for a qualifying Persian Gulf symptom or illness to the same extent and under the same conditions (other than the requirement that the member be on active duty) as a member of a uniformed service who is entitled to such care under section 1074(a) of this title.

(b)Subsection (a) applies to a member of a reserve component who—

(1)is a Persian Gulf veteran;

(2)has a qualifying Persian Gulf symptom or illness; and

(3)is not otherwise entitled to medical care for such symptom or illness under this chapter and is not otherwise eligible for hospital care and medical services for such symptom or illness under section 1710 of title 38.

(c)In this section:

(1)The term “Persian Gulf veteran” means a member of the armed forces who served on active duty in the Southwest Asia theater of operations during the Persian Gulf Conflict.

(2)The term “qualifying Persian Gulf symptom or illness” means, with respect to a member described in subsection (b), a symptom or illness—

(A)that the member registered before September 1, 1997, in the Comprehensive Clinical Evaluation Program of the Department of Defense and that is presumed under section 721(d) of the National Defense Authorization Act for Fiscal Year 1995 (10 U.S.C. 1074 note) to be a result of service in the Southwest Asia theater of operations during the Persian Gulf Conflict; or

(B)that the member registered before September 1, 1997, in the Persian Gulf War Veterans Health Registry maintained by the Department of Veterans Affairs pursuant to section 702 of the Persian Gulf War Veterans’ Health Status Act (38 U.S.C. 527 note).

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 721(d) of the National Defense Authorization Act for Fiscal Year 1995, referred to in subsec. (c)(2)(A), is section 721(d) of Pub. L. 103–337, which is set out as a note under section 1074 of this title. section 702 of the Persian Gulf War Veterans’ Health Status Act, referred to in subsec. (c)(2)(B), is section 702 of Pub. L. 102–585, which is set out as a note under section 527 of Title 38, Veterans’ Benefits.

§1074e Medical Care: Certain Reserves Who Served in Southwest Asia During the Persian Gulf Conflict

Summary

Title 10, §1074e

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata