Veterans’ Benefits for Those With Service-Related Mesothelioma

If you were exposed to asbestos during your military service and later diagnosed with an asbestos-related disease like mesothelioma, you may qualify for a Veterans’ Administration (VA) disability pension. The VA has a set of rules that apply to veterans who became ill after exposure to toxic substances, which may make it simpler to qualify for benefits.

What are VA Disability Compensation Benefits?

Disability compensation is a tax-free, monthly payment to veterans who became ill or injured during their military service and those whose condition worsened. These benefits cover physical and mental health conditions developed before, during, or after their service, according to the VA.

How Do I Qualify for These Benefits?

You may be eligible if you can establish that you:

• Have a condition caused by asbestos (such as mesothelioma) and
• Had contact with asbestos while in the military

Veterans with some medical conditions (including those caused by asbestos) are presumed to have a service-related illness, called presumptive conditions. You need not prove your service caused the condition if you have one. But you must meet the service requirements.

As part of your benefits application, you must submit the following documents:

• Medical records establishing your health condition
• Service records showing your job or specialty
• A doctor’s statement there’s a connection between your health condition and your asbestos contact during your military service

You can file for benefits online, in person, via mail, or by fax.

How Might I Have Been Exposed to Asbestos in the Service?

For many decades, service members were exposed to asbestos in many ways, including when they performed the following jobs:

• Shipyard work
• Insulation work
• Maintenance or demolition of old buildings
• Carpentry and construction
• Repair of vehicles, ships, and aircraft
• Firefighting

Veterans serving overseas during hostilities could’ve been exposed to asbestos if older buildings were damaged or destroyed, releasing asbestos fibers into the air.

How Might Asbestos Injure Me?

Inhaling or swallowing asbestos fibers mainly causes lung conditions, and the membrane surrounding the lungs, heart, abdominal cavity, and organs may become the site of mesothelioma. Conditions include:

• Asbestosis: Lung tissue scarring that causes breathing problems, usually caused by heavy asbestos exposure
• Pleural plaques: The scarring in the ribcage’s inner surface and area surrounding the lungs, which may cause breathing problems usually not as severe as asbestosis
• Cancer: They include lung cancer and mesothelioma

If you’re given a disability rating through the benefit application process, you may also be eligible for VA health care and other benefits. The benefit amount depends on several factors.

Can Family Members of Veterans Who Died of Service-Related Mesothelioma Collect Death Benefits?

If you’re a surviving parent, spouse, or child of a veteran who died from a service-related illness, you may qualify for VA Dependency and Indemnity Compensation, which is a tax-free benefit. The amount depends on your situation.

For a surviving spouse to obtain these benefits, you must show:

• You lived with the veteran without a break until their death or
• If you’re separated, you aren’t at fault for the separation

In addition, one of the following must be true:

• You married the veteran (whose illness started during their service) within 15 years of their discharge
• You were married for at least one year
• The two of you had a child

If you remarried, you can receive compensation if one of the following is true and you remarried on or after:

• December 16, 2003, and you were 57 years old or older at the time
• January 5, 2021, and you were 55 years old or older at the time

You’ll also need to produce evidence that one of these is true:

• The veteran died of a service-connected illness or injury
• They didn’t die of a service-connected illness or injury, but they were eligible to get VA compensation for a service-related total disability for a specific period

Evidence may include military service records, medical test results, and a doctor’s report.

Call Us Today for A Free Consultation

If you or a family member developed mesothelioma or another asbestos-related condition while serving their country in the military, Satterley & Kelley lawyers can respond to your questions, discuss obtaining compensation, and what you should do next. Call our Louisville office at 502-589-5600 or toll-free at 855-385-9532. You may also complete our online contact form to schedule a free initial consultation.