Veteran Mesothelioma Claims Guide

Veteran mesothelioma claims are available through the Veterans Administration (VA) for those who qualify. The U.S. armed forces used a lot of asbestos in buildings, ships, equipment, and more. As a result, veterans have higher rates of asbestos illnesses than the general population.

If you or a loved one have been diagnosed with mesothelioma, asbestos-related lung cancer, or asbestosis, you may be eligible for substantial compensation. There is currently over $30 billion in asbestos trust funds set up for victims of asbestos-related diseases. We invite you to fill out our form today for a free Financial Compensation Packet, filled with information about experienced mesothelioma lawyers in your area, how to get paid in 90 days, how to file an asbestos trust fund claim, and much more. 

What Are VA Mesothelioma and Asbestos Claims?

A VA claim is a request for benefits veterans can make to the U.S. Department of Veterans Affairs (VA). The role of the VA is to care for the men and women (and their families) who served the U.S. in the military.

This care includes benefits for veterans harmed by their time in the service. Benefits include medical care and compensation. Veterans must file a claim and meet qualifications to receive VA benefits.

Who Should File a Mesothelioma or Asbestos VA Claim?

Any veteran harmed by asbestos exposure during their time in the military can file a claim for VA benefits. If you have been diagnosed with an asbestos-related illness and your asbestos exposure occurred during active service, you are entitled to benefits. Make a claim to ensure you receive them.

How and When Did the Military Use Asbestos?

Malignant mesothelioma is caused almost exclusively by exposure to asbestos. The U.S. military and the Department of Veterans Affairs (VA) recognize this disease as a service-related disability.

According to the VA, personnel who worked in any of the following occupations may have been exposed to asbestos when they were on active duty:

• Carpentry and construction
• Demolition of old structures
• Insulation work
• Manufacturing and installation of cement sheet, flooring, pipe products, or roofing
• Milling
• Mining
• Servicing of friction products such as brake linings or clutch facings
• Shipyard work

The VA also acknowledges the possibility that veterans who served in the Middle East, especially in Iraq and adjoining countries, were exposed to asbestos.

Many old structures in the region contain asbestos. Military personnel and civilian defense contractors on duty in this part of the world are constantly exposed to asbestos fibers when these buildings are damaged or demolished.

Which Asbestos Illnesses Does the VA Recognize?

To receive benefits, you must have a diagnosis of an illness caused by asbestos. Or, asbestos must be a significant contributing factor, and asbestos exposure must have occurred during your time in the service.

The VA recognizes several illnesses that are caused by asbestos and that are eligible for benefits:

• Pleural mesothelioma
• Peritoneal mesothelioma
• Lung cancer
• Bronchial cancer
• Pharynx cancer
• Larynx cancer
• Gastrointestinal cancer
• Asbestosis
• Lung fibrosis
• Pleural plaques
• Pleural effusion

The amount of compensation a veteran is entitled to depends on the diagnosis and the severity of the illness.

What Benefits Are Available to Veterans With Asbestos Illnesses?

The VA offers a variety of benefits to veterans and their families. One of the most important is medical care. Several VA hospitals offer specialist care for asbestos illnesses. The types of compensation veterans can file a claim to receive include:

• Disability Compensation. Monthly disability compensation is a regular payment for veterans with certain disabilities. The VA considers mesothelioma and other asbestos illnesses to be disabilities.

• Special Monthly Compensation. Veterans who need to hire care workers for in-home medical or personal care can file for this additional compensation.

• Dependency and Indemnity Compensation. Spouses of veterans who died from asbestos exposure can file for this monthly compensation. If the veteran was not already receiving disability benefits when they died, the spouse must file and make a case that the death was related to asbestos exposure during service.

• Caregiver Compensation and Support. The VA offers assistance to family members providing care to disabled and ill veterans with a disability rating of at least 70%.

How to File a VA Benefits Claim for Asbestos

According to the VA, any veteran exposed to asbestos during their time in the armed forces who develops asbestosis, asbestos-related lung cancer, or mesothelioma is eligible for service-connected compensation benefits.

The VA has the following eligibility requirements for veterans to process asbestos-related claims:

• Veterans must have been discharged under all conditions except dishonorable
• Veterans must have been exposed to asbestos while serving in the armed forces
• Veterans must have a disease or disability connected to the asbestos exposure that took place in military service

You can apply online or in person. You can also enlist someone to help you file. Any friend or family member can help, or you can work with a Veteran Service Officer or asbestos lawyer.

How Do You Prove Asbestos Exposure in VA Claims?

The VA recognizes asbestosis, asbestos-related lung cancer, and malignant mesothelioma as diseases or disabilities connected to asbestos exposure if such exposure took place during a claimant’s term of active duty service.

To ensure that the claims are processed properly and to prevent false claims from being filed, the VA has established the following evidence requirements:

• Veterans filing an asbestos exposure claim must show that the exposure occurred when they were on active duty. They can describe their Military Occupation Specialty (MOS) or where they were stationed at the time.
• Veterans are required to show proof that they have asbestosis, lung cancer, or mesothelioma and that a causative link exists between these diseases or disabilities and asbestos exposure while they served in the armed forces. It is important to note that the VA will not process claims of asbestos exposure per se; veterans must file claims based on the asbestos-related disease or disability.

As part of the claims process, the VA will routinely ask veterans to undergo a medical exam and seek a physician’s determination if the disability or disease is connected to asbestos exposure.

Four Quick Facts About VA Disability Compensation Claims

The Department of Veterans Affairs is surrounded by myths and misconceptions about what it does and how its compensation programs work.

Many people don’t file disability claims because they think they are not qualified. This section consists of four quick facts to dispel some of these myths and misconceptions.

1. Former members of the military do not need to have seen combat or served during wartime to be considered veterans. A company clerk who was in the Army after the 1983 invasion of Grenada and left the service before Operation Just Cause in 1989 is as much a veteran as a Marine who saw action in those two operations.
2. Veterans can file for VA compensation under any type of discharge from military service except Dishonorable Discharge. Contrary to a common misconception, Veterans separated from the armed forces under all other discharge conditions, including Bad Conduct Discharge and Other-than-Honorable Discharge, are still eligible for VA benefits and compensation.
3. The VA will not force veterans who file any medical disability claim to see a VA physician. Though veterans who obtain a VA Disability Rating are eligible for VA Health Care, enrollment is not compulsory. Veterans enrolled in other insurance programs with their own physicians can keep them and are not forced to switch to VA Health Care or VA-approved doctors.
4. Survivors of veterans who died from mesothelioma or any asbestos-related condition but did not file a claim with the VA are just as eligible for Dependency and Indemnity Compensation (DIC) as survivors of veterans who filed for disability compensation. The DIC vetting process is slower in such cases, and survivors must persuade VA case evaluators that the veteran’s asbestos exposure took place during his or her time in the military.

How Much Compensation Do Veterans Get for Mesothelioma?

The VA compensation guidelines are based on disability ratings determined by how seriously disabled a veteran is. These ratings are explained as a percentage scale, starting with 0 (minimal disability) to 100 (total disability).

Compensation amounts vary depending on the disability ratings, measured in increments of 10 percentage points.

For example, a married veteran with a spouse and one child and a 100% disability rating is currently entitled to receive a little over $3,000 per month. Most cancers, including mesothelioma and lung cancer, have a VA disability rating of 100%.

Per VA and government regulations, VA disability compensation is tax-free. Veterans are eligible for compensation if the disability or disease is conclusively shown to be connected to their time in the military.

A mesothelioma lawyer can help you file and give you a better chance of making a successful claim.

Legal Help for Veterans

If you’ve been injured by mesothelioma, asbestos-related lung cancer, or asbestosis, keep in mind that there is a good chance that you’ll qualify for considerable compensation. Don’t forget to fill out our form to get our free Financial Compensation Packet, filled with information on the experienced asbestos and mesothelioma attorneys in your area.