If you or your loved one was exposed to asbestos during military service, you might be entitled to mesothelioma va benefits or compensation for mesothelioma survivors. This post explains VA benefits for asbestos exposure and other related conditions, including where exposure commonly occurs and what benefits the VA may owe you.
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You experienced coughing, chest pain, and shortness of breath, then received a mesothelioma diagnosis. Veterans with mesothelioma or other cancers related to asbestos exposure may receive disability compensation if they can link that exposure back to their military service. If you served before 1980, you likely worked near asbestos, especially if you were in the Navy. Also, Gulf War veterans with mesothelioma likely were exposed through burn pits. This post explains mesothelioma veterans benefits and can help clarify whether you qualify.
In this article about mesothelioma VA claims:
Asbestos exposure in the military
Asbestos is a mineral composed of flexible fibers resistant to heat, electricity, and corrosion. Because it is an excellent, fire-resistant insulator, builders used it frequently in all types of construction in the 20th century. But in the 1950s, researchers determined that asbestos is carcinogenic. It took until 1989 for the U.S. to entirely ban its use.
Asbestos was used in many military buildings, ships, and other places until it was phased out in the 1970s, making it impossible to know how many veterans were exposed to the toxic material during their military service. Some places are clearly tied to asbestos exposure. Veterans who served between 1940 and 1970 are at risk for developing asbestos-related illnesses. Asbestos exposure can cause multiple health issues, including asbestosis, mesothelioma, and various other cancers.
Symptoms of asbestos-related diseases usually don’t occur until 10 to 40 years after prolonged exposure. The illnesses are relatively difficult to diagnose because of the time passed since exposure and how symptoms build and worsen over time.
“If you were exposed to something like asbestos, you may have symptoms from asthma to issues with your esophagus,” said VA disability lawyer Joseph Scott.
Symptoms of asbestos exposure include:
- Loss of appetite
- Face or neck swelling
- Chest or abdomen pain
- Shortness of breath
- Fatigue
- Significant weight loss
- Cough, including bloody cough
- Prolonged hoarseness or difficulty swallowing
- Fingertips and toes that appear rounder and wider than normal (clubbing)
“You may have breathing problems, but you may also get more serious conditions like mesothelioma,” Scott said.
Mesothelioma is a rare and terminal cancer of the tissue that lines the lungs, stomach, heart, and other organs. Asbestos exposure causes it. Its symptoms include cough, chest pain, and shortness of breath. Supportive treatments like surgery, radiation, and chemotherapy can relieve symptoms and prolong a person’s life. Mesothelioma is common in veterans.
Mesothelioma in the Navy
The U.S. Navy used asbestos more than any other military branch, using it on almost every ship from the 1930s to 1980s. That means nearly every sailor was exposed to asbestos at some point. Some sailors were at higher risk because of their closed-air roles on the ship.
High-risk Navy ship roles were:
- Below-deck engineers and sailors
- Boilermen
- Pipefitters
- Machinist’s mates
- Plumbers
- Mechanics
- Firefighters
- Weapons specialists
- Gunnery technicians
- Engine room technicians
- Panel installers
- Tile setters
- Welders and steel fabricators
- Painters and insulators
- Electricians
- Hull maintenance specialists
Navy personnel, especially those with these ship-related duties, were most likely exposed to asbestos.
All Navy ships contained asbestos, but some had more than others. Aircraft carriers, auxiliary ships, submarines, battleships, destroyers, cruisers, frigates, minesweepers, cutters, amphibious ships, and patrol boats are known to have contained large amounts of asbestos.
Navy veterans aren’t the only veterans exposed to asbestos. Coast Guard veterans with similar roles are also likely to have been exposed. Asbestos products were used on Coast Guard vessels from the 1930s to about 1980, putting these veterans at risk of the same asbestos-related conditions. Marines stationed aboard ships are also at risk.
While asbestos exposure was common in the Navy, other veterans were also exposed.
Mesothelioma VA claims and veterans benefits
To be eligible for VA disability benefits for asbestos exposure, you must have had contact with it while in the military.
Mesothelioma and lung cancers caused by asbestos are rated at 100% under diagnostic code 6819 in the Schedule for Rating Disabilities. Noncancerous illnesses, like asbestosis (diagnostic code 6833), can be rated at 10%, 30%, 60%, or 100%. The rating is mostly based on the results of a pulmonary function test.
For a diagnosis, your doctor will ask about your asbestos exposure and the resulting symptoms you currently experience. You will then undergo a physical exam that includes chest X-rays, lab tests, and lung (pulmonary) function tests.
Because a primary cause of mesothelioma is asbestos exposure, veterans typically must provide military service records to prove exposure. The probability of exposure is especially high for those who served on a Navy vessel before the dates that asbestos was phased out. Still, it can apply to anyone who served in the military during a time when the government utilized asbestos.
Essentially, you need to prove that it is at least as likely than not that your current diagnosis of mesothelioma is related to an in-service exposure or event to receive the 100% disability rating from the VA. If you worked in an industry (like construction, for example) where you may have been exposed to asbestos after service, this might cause a claim to be denied without sufficient evidence.
One exception to this rule is those veterans with mesothelioma who qualify for toxin exposure under the PACT Act. All respiratory cancers are considered presumptive conditions for those qualifying Gulf War and post-9/11 veterans exposed to burn pits and toxins. Because the condition is presumptive, you don’t need to provide evidence that your mesothelioma is service connected. You would just need to demonstrate a current diagnosis and have records that show qualifying service.
TDIU for mesothelioma
Total disability based on individual unemployability (TDIU) benefits are for veterans who can’t keep or obtain gainful employment due to service-connected disabilities. Veterans with mesothelioma residuals may qualify for these benefits if they can’t work because of their condition. TDIU pays the same monthly amount as a 100% rating.
Mesothelioma is difficult to treat because doctors usually only discover it after it has advanced significantly. Once it’s diagnosed, the median survival time ranges from 15 to 22 months.
VA benefits for mesothelioma survivors
Surviving spouses, children, or parents who lose their loved one to mesothelioma or another asbestos-related condition can receive monthly DIC benefits, which include a 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 back pay 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.
To learn more about these monthly benefits, read about DIC benefits for widows.
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Our VA disability appeal lawyers can help
“Sometimes, the effects of mesothelioma will not be seen for decades, which you can imagine is why a lot of veterans struggle in getting successful claims for VA benefits based on asbestos exposure,” Scott said. “VA will say something to the tune of, ‘Well, you were exposed to this a long time ago, and you’re just now having this condition. We don’t think that’s connected.’”
Woods and Woods has fought and won these types of cases. We’ve helped thousands of veterans get the VA benefits they deserve. Call us for a free case evaluation to find out how we can help. If we take your case, you only pay if you win.
Talk to Us About Your Claim:
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FREQUENTLY ASKED QUESTIONS
Yes, you can get VA disability compensation for asbestos exposure if you were exposed during your military service and have a resulting health issue.
The compensation you receive for asbestos exposure depends on the health-related issue you’re diagnosed with due to that exposure. It can be anywhere from zero to 100%.
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.
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