Court rules in favour of Gulf War veteran

A British army veteran has won in his bid to be awarded a war pension after the High Court recognised that he had developed a condition resulting from his service during the 1991 Gulf War.

Former Parachute Regiment medic Shaun Rusling was discharged from the army on health grounds in 1995 and 'Gulf War Syndrome' was cited as the reason. When the former Para tried to claim his pension he was turned down on the basis that Gulf War Syndrome was not recognised by the MoD a generic medical condition.

However, while the court ruled in favour of former Mr Rusling today, it was isolated to the merits of that single case. Mr Justice Newman said that the ruling was not a recognition of the condition 'Gulf War Syndrome'.

In his judgment, Mr Justice Newman said: "This court is not in a position to express any views on the merits of the dispute as to whether, according to current medical research, Gulf War Syndrome is or is not a 'single medical entity'. It has not done so by this judgment."

Nonetheless, the case is a landmark ruling for veterans who believe they are suffering from a condition known as Gulf War Syndrome. It means that cases brought forward on an individual basis can be resolved successfully for the veteran.

Veterans groups claim that soldiers fell ill after they took a cocktail of drugs to protect them against the effects of chemical warfare. They allege that vaccinations against anthrax, pertussis, botulism, yellow fever, cholera and tetanus, and the issuing of NAPs tablets and anti-malaria tablets, contributed to the syndrome.

Also, veterans claim that they were exposed to organophosphates, depleted uranium munitions and contamination from burning oil wells – in addition to stresses of warfare – which also had a profound effect on their mental and physical wellbeing.

However, the MoD has said that on medical advice there is no evidence that Gulf War Syndrome exists.

Minister of State for the Armed Forces, Adam Ingram, said: "I must stress that the judgment was case-specific to Mr Rusling. The judge took pains to explain that he was not ruling on whether 'Gulf War Syndrome' exists. Shaun Rusling's pension, which he already receives, will not be affected by today's judgment."

Earlier today, an MoD spokesperson said: "We accept that some Gulf veterans have become ill and that many veterans believe this ill-health is related to their Gulf experience. There is no medical or scientific consensus about the causes of this ill health, and we remain open-minded about the various causes that have been suggested.

"The overwhelming consensus of medical and scientific opinion is that the symptoms reported by some Gulf veterans do not constitute a discrete medical disorder or syndrome. The MoD's position must always be based on the best available science."

(GMcG)