Former soldiers will be able to claim war pensions due to Gulf War syndrome

But the onus will be on them to prove that the condition exists, the judge said.

The case heard in the High Court was that of Gulf War veteran Shaun Rusling.

He was awarded a war pension in 1993 on the basis that: "The injury, wound, or disease on which the claim is based, namely Gulf War syndrome, is attributable to service".

A step in the right direction Mark McGhee

This definition was later changed, and Mr Ruisling has been fighting the Ministry of Defence ever since for the right to have his condition labelled as Gulf War syndrome.

The High Court means he has won that fight, opening the door for up to 5,500 soldiers who fought in the Gulf War to make the same claim.

Recognition

Veterans have been at loggerheads with the Ministry of Defence since the first Gulf War, arguing over the existence of a syndrome linked to exposure to vaccinations and biological and chemical weapons.

Many former soldiers say they have suffered serious ill health since the war, experiencing symptoms such as fatigue, joint pains and fever.

Having the name officially recognised is a crucial to the veterans' campaign.

Mr Rusling's case did not centre on the definition of what constituted Gulf War Syndrome.

Neither did it look at the symptoms which might make up the condition.

But the judgement means other veterans can argue their symptoms are caused by Gulf War Syndrome, rather than any other condition.

However the Ministry of Defence denies such a syndrome exists, and the judge warned veterans should not undertake such a claim lightly or without evidence to support it.

'Appalling'

Professor Malcolm Hooper, chief scientific adviser to Gulf War veterans, told the BBC the High Court decision should have wider ramifications.

"It ought to mean that Gulf War Syndrome officially exists. I hope it means that.

"But the Ministry of Defence is being so appalling in the treatment of Gulf veterans.

"It remains to be seen if they react honourably to this decision."

In a statement, Linda Myers, the solicitors representing Mr Rusling, said if the Ministry of Defence had won its appeal, it would have been entitled to prevent any veteran the opportunity of proving his or her entitlement to a war pension for Gulf War syndrome.

"In this regard, today's decision is of great importance to other veterans of the first Gulf War.

"Almost certainly many of them will have the opportunity of attempting to prove the existence of Gulf War syndrome and by so doing, obtain recognition of their condition."

Mark McGhee, who was in court for Mr Rusling, said: "All it is is a step in the right direction as far as the veterans' claim for recognition is concerned.

"And it means that all other Gulf War veterans who say they are suffering from this condition will be able to bring their claims to an appeals tribunal."

A spokesman for the Ministry of Defence said: "Pensions aren't given on the basis of the name of the illness.

"They are given on the basis of how disabling an illness is on your life.

"All you have to prove is that there's a casual link between the illness you have and your time in service.