Mesothelioma Veterans Benefits

How to Apply for VA Benefits

You can apply for VA benefits whether or not you are still an active-duty member. Since mesothelioma can take up to 50 years to develop after exposure to asbestos, most mesothelioma-related claims are filed after veterans have completed their service. There is no statute of limitations for VA benefits applications.

There are a few ways to apply for VA benefits, including:

• Online through the VA website
• In-person at a VA office
• With the help of an accredited third-party assistant or lawyer

Proving Your VA Claim

When you make an asbestos-related VA claim, you must prove that you were exposed to asbestos while serving in the military. You must also show that your illness developed as a result of your exposure to asbestos.

To prove that your diagnosis resulted from your time in the military, your claim must demonstrate the following:

• A qualified medical practitioner has diagnosed you with a disease or impairment that was caused by asbestos exposure.
• Your service duties and locations were consistent with known asbestos-exposure hazards. The VA has identified certain high-risk military occupations.
• Your long-term disability was caused by asbestos exposure while you were on duty.

High-Risk Military Occupations

Some military service duties presented higher risks of asbestos exposure than others. People serving in these high-risk occupations were much more likely to be exposed to airborne asbestos fibers.

Service occupations with the highest asbestos exposure risk are: 

• Shipyard workers, repair specialists and refitters
• Boilermakers, pipefitters and welders
• Seafaring personnel working in engine, boiler and propulsion rooms
• Millwrights, machinists and fabricators
• Automotive and heavy equipment mechanics
• Aircraft technicians and flight crews
• Armored vehicle operators and support personnel
• Carpenters, construction and demolition workers
• Insulators, drywallers and painters

Military Products and Asbestos Exposure

The VA also recognizes that certain asbestos-containing products put service personnel at risk of developing diseases. Usually, these products were handled by people holding high-risk occupations.

High-risk asbestos-containing products include:

• Insulation, soundproofing and fireproofing materials
• Welding rods and protective welding clothing
• Pipe and duct wrap
• Cement powder and masonry mortar
• Friction products like brake pads and clutch plates
• Roofing, flooring, and wallboard construction materials
• Paint, adhesives and sealants

Direct-handling of these products was not the only way veterans came into contact with asbestos. Some veterans suffered secondary asbestos exposure from being in the vicinity of airborne asbestos fibers.

Working with Accredited Attorneys and Agents

Understanding and filing an asbestos-related VA claim can be tricky. If done improperly, you may miss out on compensation or benefits that you are entitled to. The VA recommends that all veterans work with an experienced attorney or an accredited claims agent to ensure they get the benefits they deserve.

Types of VA Benefits for Veterans

VA benefits help veterans pay for many different types of care. For example, you may be able to receive low-cost medical care or financial compensation for lost wages. The VA will carefully assess your claim to determine whether or not you qualify for certain benefits.

Disability Compensation

Disability compensation is a tax-free monthly compensation that provides guaranteed income supplements to veterans. You can receive disability compensation if you became disabled due to military asbestos exposure. The VA will determine your compensation amount based on the severity of your disease and how your condition is expected to progress.

Dependency and Indemnity Compensation

Dependency and Indemnity Compensation (DIC) is paid to surviving spouses and dependent children of military veterans who died from military-related asbestos exposure. If you’re the surviving spouse or child of someone who died from an asbestos-related disease, you may be able to get this tax-free monetary benefit.

Aid and Attendance

Veterans who are housebound due to a permanent disability can receive additional monthly compensation. Aid and Attendance benefits are tax-free monthly payments to help you cover the costs of in-home nurse care or assistance with your daily living tasks.

Additional Benefits

Veterans may also qualify for other benefits. For example, VA burial benefits can help family members cover the costs of a funeral or memorial service for their loved one. Veterans with asbestos-related disorders may also get special compensation for extensive medical treatment and hospitalization.

Status of Your VA Claim

It takes an average of 111 days for the VA to process a disability claim. The amount of time it takes will depend on the type of claim you filed, how complex your illness is and how much evidence you provide to support your claim.

With the help of an attorney, you can avoid any problems that will delay your claim so you can access your benefits as soon as possible.

Working With a Mesothelioma Law Firm

Veterans can also file legal claims to seek additional compensation for medical costs and other expenses. However, it’s important to know that military veterans cannot sue the United States government or their specific military branch for asbestos-related disabilities.

That said, there is nothing preventing veterans from collecting VA benefits while pursuing or receiving compensation from other sources like asbestos trust funds, personal injury lawsuits or wrongful death claims. It’s recommended that veterans with asbestos-related disabilities retain legal representation to help them receive their rightful compensation.

Law firms experienced in asbestos litigation work to help their clients get the maximum compensation available.

Start Your VA Claim Today

Filing claims can be a stressful and confusing process for many veterans, especially those already ill. Retaining an attorney with experience in asbestos cases will help you get the maximum compensation possible.

Contact our Justice Support Team today to get started on your VA claim and learn more about your compensation options.