VA Benefits
Additional Compensation for Veterans
In addition to receiving financial compensation from a civil lawsuit as a result of being diagnosed with mesothelioma, United States Veterans diagnosed with mesothelioma are also entitled to receive certain Veterans Administration-related (“VA”) benefits. Veterans exposed to asbestos during service years may be entitled to receive medical benefits and/or financial (disability benefits). Exposure to asbestos during service can occur directly (i.e. repairing equipment onboard ship) or indirectly (i.e. via transport vessel overseas). Exposure to asbestos during service can be significant (years) or minimal (weeks or months).
The VA does offer “special benefits programs” for service-related disorders, such as Agent Orange, Gulf War syndrome, ionizing radiation, etc. The special benefits programs allow Veterans to receive applicable benefits based solely on a diagnosis; the special benefits programs does not require Veterans to prove how/where a Veteran became symptomatic.
To date, however, the VA has not classified asbestos exposure, and a subsequent diagnosis of mesothelioma as a special benefits program despite the thousands of Veterans suffering from mesothelioma as a result of service exposure. The VA does not, at present, classify mesothelioma as a specific “service-connected” condition. As a result, those Veterans suffering from mesothelioma must complete an Application for Benefits. This application must be supplemented with a diagnosing medical/pathology report indicating mesothelioma and sufficient proof of specific exposure by a Veteran to asbestos during service.
Even though Veterans suffering from mesothelioma are entitled to receive VA-related benefits, many Veterans are unable to complete the application process, specifically as it relates to proving asbestos exposure during time of service. Many forego the right to pursue VA-related benefits because of the lack of guidance in completing the application; the inability to research how/where asbestos exposure occurred; the difficulty collecting documents proving exposure, etc.
The attorney you hire should have experience and expertise in assisting Veterans with completing the Application for Benefits. They should be able to offer competent guidance to Veterans on filling out the requisite forms, collecting the necessary medical documentation and, most importantly, providing a link to asbestos exposure. In order to effectively assist you as a Veteran, your attorney should have conducted extensive research including investigating deck logs; muster rolls; MIR (Material Inspection Reports); ship databases; war diaries; vendor/purchasing information; private shipyard records, etc.
A good mesothelioma attorney should offer free guidance on how to complete the Application for Benefits and on how to allege proof of asbestos exposure during service.