Veterans diagnosed with mesothelioma in 2024 may be eligible for VA disability compensation due to the strong connection between mesothelioma and asbestos exposure during military service. Asbestos, a naturally occurring mineral used extensively in military construction and equipment from the 1930s to the 1980s, was prized for its heat resistance, strength, and insulating properties. However, prolonged exposure to asbestos fibers can lead to serious health conditions, including mesothelioma, a rare and aggressive cancer affecting the lining of the lungs, abdomen, or heart.
Common Military Exposure to Asbestos
Veterans may have been exposed to asbestos for a number of reasons.
Shipbuilding and Naval Service
Asbestos was heavily used in shipyards and naval vessels, especially during World War II, the Korean War, and the Vietnam War. Navy veterans are particularly at risk because asbestos was commonly found in boilers, engine rooms, pipes, and insulation on ships and submarines. Many veterans worked in confined spaces with little ventilation, increasing the likelihood of asbestos exposure.
Construction and Engineering Roles
Veterans who worked in construction, demolition, and engineering positions often came into contact with asbestos in building materials like tiles, insulation, and cement. Air Force and Army veterans working on bases or in aircraft and vehicle maintenance roles were also exposed.
Aircraft and Vehicle Maintenance
Asbestos was used in brake pads, clutches, gaskets, and other vehicle components, putting military mechanics and those maintaining aircraft at higher risk of inhaling asbestos fibers.
High-Risk Occupations
In addition to Navy veterans, those in the Army, Air Force, Marines, and Coast Guard who performed tasks in high-risk occupations such as pipefitters, electricians, welders, and boiler technicians were often exposed to asbestos dust without adequate protection.
Delayed Onset of Mesothelioma
One of the reasons mesothelioma is often diagnosed in veterans is the disease’s long latency period. It can take 20 to 50 years after exposure for mesothelioma symptoms to appear, meaning veterans who served decades ago may only now be receiving a diagnosis in 2024. For many veterans, asbestos exposure during military service may be their only significant known exposure, making them eligible for VA compensation.
VA’s Recognition of Asbestos Exposure
The VA recognizes the strong link between military service and asbestos exposure. In fact, many military roles have been identified as having a high likelihood of asbestos exposure. Veterans with documented asbestos exposure during their time in the service and a subsequent mesothelioma diagnosis are likely to receive a 100% disability rating, which qualifies them for maximum compensation.
Filing a Claim
Veterans diagnosed with mesothelioma can file a VA claim for disability compensation by providing evidence of their diagnosis and their asbestos exposure during service. Claims for mesothelioma-related VA disability benefits are done by submitting a VA Form 21-526EZ (Fully Developed Claim) online, by mail, or through a VA-accredited attorney or Veterans Service Organization (VSO).
The claim should include medical records that show the mesothelioma diagnosis and military records that document the veteran’s service history and occupational exposure to asbestos. It is important to include details about the veteran’s military occupation and any known exposure events.
Compensation for Veterans with Mesothelioma
Veterans diagnosed with mesothelioma are typically awarded a 100% disability rating due to the severity of the disease, which affects daily living and is usually considered fatal. The monthly compensation for a 100% rating in 2024 is $3,737.85, and this amount increases if the veteran has dependents.
In addition to disability compensation, veterans may also qualify for VA healthcare, which can include specialized treatments like surgery, chemotherapy, or palliative care for mesothelioma. They may also receive additional support for in-home care, mobility assistance, and more.
Veterans with mesothelioma may qualify for additional compensation if they need the aid and attendance of another person, such as in cases where the veteran is bedridden or requires help with daily living activities.
Survivor Benefits
If a veteran dies from mesothelioma, their surviving spouse and dependents may be eligible for Dependency and Indemnity Compensation (DIC) benefits. DIC is a monthly benefit paid to the surviving spouse and dependents of a veteran who died as a result of a service-connected disability, such as mesothelioma. To be eligible, the veteran must have passed away due to mesothelioma, or the condition must have significantly contributed to their death. If the mesothelioma was determined to be service-connected (linked to asbestos exposure during military service), survivors are typically eligible for this compensation.
Presumptive Conditions
The VA considers mesothelioma a presumptive condition related to asbestos exposure. This means veterans do not have to directly prove their mesothelioma was caused by asbestos exposure during their military service. Instead, if the veteran’s military occupation is known to have involved asbestos exposure, the VA will presume that the exposure led to the condition, making it easier for veterans to obtain benefits.
Legal Rights for Veterans
Veterans diagnosed with mesothelioma may also have the option to pursue legal action outside of the VA benefits system. This could involve filing lawsuits against asbestos manufacturers or trust funds set up for asbestos-related illnesses.
One of the most important aspects of pursuing legal action as a veteran with mesothelioma is that you can pursue both VA benefits and legal compensation at the same time. Receiving compensation through asbestos trust funds or lawsuits does not impact or reduce the VA disability benefits that veterans are entitled to. The VA does not consider compensation from a lawsuit or trust fund as income when determining eligibility for benefits.
This means veterans can receive their full disability compensation from the VA while also pursuing legal avenues for additional financial compensation. Veterans do not need to choose between the two, ensuring they receive maximum financial support.
Seek Legal Assistance
If you or a loved one has been diagnosed with mesothelioma due to asbestos exposure during military service, you don’t have to face this battle alone. At Bailey Glasser, we understand the unique challenges veterans face, and we are here to fight for the compensation and justice you deserve.
Contact us today at (866) 871-7971 or fill out our online form for a free consultation. Our experienced attorneys are ready to guide you through every step of the legal process and protect your rights.
