Decades after serving in the Navy or Marine Corps, you started experiencing coughing, chest pain, and shortness of breath. Then came an unexpected diagnosis: mesothelioma. This is the reality for many veterans around the country. Mesothelioma takes a long time to develop, and veterans are at a higher risk of developing the condition, especially if they served in the Navy or Marine Corps or worked in one of the high-risk roles identified by the VA.
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If you are a veteran who was exposed to asbestos while serving in the military, you may be eligible to receive disability compensation if you can connect the condition to your service. In this article we will explain VA mesothelioma claims, which veterans are at risk of developing the condition, and how the VA rates it.
In this article about VA mesothelioma claims:
What is mesothelioma?
Mesothelioma is a rare type of cancer that affects the thin layer of tissue around internal organs called the mesothelium. When cancer affects the mesothelium around the lungs, this is called pleural mesothelioma, which is the most common type, though it’s also possible to develop mesothelioma around the heart or stomach.
Mesothelioma in the lungs causes symptoms like difficulty swallowing, shortness of breath, weakness, unintentional weight loss, and pleural effusion. Typically, it takes 20 years or more for these symptoms to begin showing up.
While it is not the only cause of pleural mesothelioma, asbestos exposure accounts for at least 70% of cases. Genetics and exposure to certain minerals and chemicals are also being investigated as potential causes of the condition.
About 30% of people diagnosed with mesothelioma are veterans.
VA rating for mesothelioma
Like other lung cancers, pleural mesothelioma is rated at 100% under diagnostic code 6819 for malignant neoplasms of the respiratory system. Under this criteria, a 100% rating will continue for six months after any treatment for the condition ends. At this point, a new rating would be awarded based on any residuals the veteran is experiencing. Unfortunately, however, most mesothelioma patients do not go into remission. Typically, a 100% VA rating for mesothelioma would continue indefinitely.
A 100% mesothelioma VA claim pays veterans $3,831.30 each month in tax-free benefits. This compensation can help veterans financially who cannot work full time or at all with their mesothelioma. It can also help cover the cost of cancer treatment.
Service connecting mesothelioma
To receive compensation for a mesothelioma VA claim, the health condition must be connected to your military service. In most cases, proving service connection for your mesothelioma will mean showing evidence you were exposed to asbestos while serving.
Many veterans were exposed to asbestos. As previously mentioned, it’s believed about 30% of mesothelioma patients are veterans.
Notably, the Navy used asbestos more than any other military branch, incorporating it on many ships built from the 1930s until the mid-1970s. This put Navy sailors and shipyard workers at an especially high risk of developing asbestos-related illnesses like mesothelioma.
Along with the increased risks for sailors, other veterans may have also been exposed to asbestos while serving in certain MOS. Many Coast Guard cutters also contained asbestos, as well as multiple bases around the country where concerning amounts of asbestos have been found. These bases include Fort McClellan and Fort Bragg.
Additionally, the VA recommends veterans from any branch of the military get tested for illnesses affecting the lungs if they worked in one of the following areas:
- Mining
- Milling
- Shipyards
- Construction
- Carpentry
- Demolition
It’s also suggested to get tested if you worked with products like roofing, flooring, pipes, or insulation. Your doctor may be able to detect mesothelioma or another asbestos-related illness early.
Being able to provide service records proving you were exposed to asbestos during service can be key to your VA mesothelioma claim. A medical nexus from a doctor explaining the link between your service and mesothelioma can also support your claim.
VA benefits for mesothelioma survivors
Surviving spouses, children, or parents who lose their loved one to service-connected mesothelioma may be eligible to receive monthly DIC benefits, which include a monthly payment of at least $1,653.07. The amount may increase with dependents and special circumstances.
Survivors who file for DIC might receive a monthly payment and a backpay check. If the veteran was appealing a VA decision before their death, a survivor can continue pursuing the claim and even appeal again if the decision isn’t favorable.
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How Woods & Woods can help
The VA-accredited attorneys at Woods & Woods have helped thousands of veterans nationwide get the disability benefits they deserve. Call us today for a free case evaluation. You won’t pay us a dime unless we win your case.
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FREQUENTLY ASKED QUESTIONS
The VA rates mesothelioma as a malignant neoplasm of the respiratory system. Under this criteria, mesothelioma receives a 100% rating for as long as the condition lasts, and six months after any treatment ends.
Veterans who worked in a high-risk MOS or aboard a Navy ship or Coast Guard cutter known to contain asbestos can provide service records proving their exposure. A medical nexus from a doctor explaining the link between your service and mesothelioma can also support your claim.
Neil Woods
VA disability attorney
Woods & Woods
Neil Woods is the firm’s owner and president. He received his law degree from Western Michigan University.