Filing a Claim as a Veteran

During their military service, veterans faced a notable risk of asbestos exposure, which could lead to serious health issues later in life. Those veterans who develop asbestos-related conditions like mesothelioma may be eligible for VA benefits. These benefits serve as financial assistance to help veterans and their families cope with the challenges posed by these illnesses. According to the U.S. Department of Veterans Affairs, in January 2024, it took an average of 159.8 days to process disability-related claims.

VA Claims for Asbestos-Related Conditions

A VA claim is a mechanism through which veterans who suffer disabilities or illnesses due to their military service can access essential benefits. Veterans diagnosed with asbestos-related diseases, including mesothelioma, have the option to file a VA claim to receive financial compensation. The U.S. Department of Veterans Affairs (VA) is responsible for processing these claims.

Each VA claim related to asbestos exposure undergoes evaluation using a rating system that considers various factors like exposure history, disease type, and its severity. The outcome of this evaluation determines the compensation amount, which plays a vital role in assisting families in covering treatment expenses, lost income, and the emotional toll associated with these illnesses.

Reasons to Pursue a VA Claim

Filing an Asbestos VA Claim holds significant importance for eligible veterans who seek compensation for illnesses or injuries arising from their military service. These claims offer monthly benefits that can help veterans and their families manage the financial burdens of healthcare expenses and lost wages.

Veterans diagnosed with mesothelioma or other asbestos-related conditions often face substantial treatment costs. VA disability benefits provide a practical means to address these expenses without the need for protracted legal processes. Importantly, VA disability benefits are distinct from legal claims, which means claimants can avoid the complexities of legal settlements and court verdicts.

In addition to financial support, claimants can access healthcare services through accredited VA hospitals, many of which collaborate with specialists experienced in treating asbestos-related illnesses. These centers offer tailored care to veterans dealing with these conditions.

Eligibility for Asbestos-Related VA Claims

To qualify for a VA claim related to mesothelioma, veterans must meet specific criteria:

• They must not have received a dishonorable discharge from the military.
• There should be documented evidence of asbestos exposure during their military service.
• Medical records must confirm a diagnosis of an asbestos-related disease.

Asbestos exposure was a potential risk for veterans across various military branches, including the Army, Air Force, Coast Guard, Marine Corps, and Navy. Certain military occupations, such as construction, carpentry, demolition, mining, and shipyard work, carried a higher risk of asbestos exposure. Veterans who worked with specific asbestos-containing products, such as cement sheets, clutch facings, insulation, or roofing, were also at an increased risk.

It’s important to note that merely proving asbestos exposure is insufficient for a VA asbestos claim. Claimants must establish a clear link between their exposure and the development of the disease. Additionally, surviving spouses or loved ones may also be eligible to file claims for benefits on behalf of a deceased veteran.

Qualifying Asbestos-Related Diseases for VA Claims

Several asbestos-related conditions make veterans eligible for VA benefits, including:

• Asbestosis
• Lung cancer
• Mesothelioma
• Pleural plaques

The severity of these diseases correlates with the compensation amounts. Mesothelioma, due to its particularly severe nature, receives a 100% disability rating from the VA. Given its seriousness, immediate medical attention is crucial upon diagnosis.

Evidence Required for VA Claims

Claimants must provide specific evidence when filing VA claims, including:

• Medical records confirming the diagnosis of an asbestos-related disease.
• Service records detailing the duration of military service, discharge status, and job or specialty.
• Medical statements affirming the connection between military service, asbestos exposure, and the disease.

In some instances, the VA may request additional information. If further evidence is needed, a VA representative will contact the claimant after the initial review.

VA Claims and Compensation

VA claims come in various types, and compensation options depend on when the individual received their diagnosis relative to their military service. Compensation rates also take into account the veteran’s status and unique circumstances related to their illness.

For veterans diagnosed with asbestos-related diseases like mesothelioma, experienced mesothelioma attorneys can provide valuable guidance throughout the process. These attorneys can assist patients in selecting the most appropriate claim type to maximize compensation.

Types of VA Claims

• Pre-Discharge Claims
• Claims Based on Pre-Service Disabilities
• Claims Based on In-Service Disabilities
• Claims Based on Post-Service Disabilities
• Claims Based on Special Circumstances

Given the extended latency period of asbestos-related diseases, veterans typically file claims for post-service disabilities.

VA Compensation Types

There are three primary types of compensation that veterans with mesothelioma may be eligible to receive:

• Disability Compensation: This is a monetary benefit for veterans with service-related disabilities, covering post-service disabilities like mesothelioma and other asbestos-related conditions.
• Dependency and Indemnity Compensation (DIC): DIC provides a monetary benefit to surviving family members of a service member who passed away due to service-connected disabilities.
• Special Monthly Compensation (SMC): SMC is a benefit paid to veterans, their spouses, and surviving family members due to special circumstances or specific disabilities. When awarded to surviving loved ones, it’s referred to as “aid and attendance.” In these cases, SMC is based on need.

Veterans may also receive reduced healthcare costs when treated at VA hospital facilities. All compensation awards are determined through a rating system that considers disease severity.

Expected Compensation Amounts

Compensation for VA claims is determined based on an individual’s disability rating. The VA rates injuries and illnesses on a scale from 0% to 100%, with higher ratings resulting in higher compensation. As mesothelioma and asbestos lung cancer are rated at 100% disability due to their severity, veterans diagnosed with these conditions can expect significant compensation.

In 2021, veterans with mesothelioma who don’t have dependents may receive approximately $3,100 per month. Compensation amounts may increase if dependents or a spouse also require assistance.

Assistance With Filing a VA Claim

Veterans seeking to file VA claims should engage with experienced mesothelioma lawyers. These attorneys can offer valuable insights into the claim process and the requirements for building a robust claim. Moreover, they can help veterans understand their eligibility for other compensation options, such as mesothelioma lawsuits or asbestos trust fund claims.

Receiving legal support during the claims process ensures the strongest possible claim and expedites compensation, whether through a VA claim or another option. This support allows patients and their families to focus on treatment, knowing that a skilled attorney is handling their mesothelioma claim.