Mesothelioma & Asbestos-Related VA Claims
Veterans with mesothelioma and asbestos lung cancer may be eligible for several different VA benefits including VA Disability Compensation and VA Health Care. The experienced Veteran Counselors at the Mesothelioma Center are all retired military veterans with significant experience in assisting veterans in applying for VA benefits related to asbestos illnesses. For assistance in filing for VA benefits, or if you just need some advice, simply contact our Veterans Department to provide your contact information and one of our veteran’s counselors will contact you.
Eligibility
Eligibility for most VA benefits is based upon discharge from active military service under other than dishonorable conditions, although, a Bad Conduct Discharge issued by General Courts Martial may bar a veteran from receiving some VA benefits. Active service means full-time service, other than active duty for training, as a member of the Army, Navy, Air Force, Marine Corps, Coast Guard, or as a commissioned officer of the Public Health Service, Environmental Science Services Administration or National Oceanic and Atmospheric Administration, or its predecessor, the Coast and Geodetic Survey.
To learn more about how to submit a VA claim or about our Veterans Assistance Network, fill out the form below and receive the Mesothelioma Center's free resource, an informational packet. The packet is full of useful information for veterans.
Mesothelioma
Currently, the U.S. Department of Veteran Affairs recognizes mesothelioma as a service-connected disability if the majority of the veteran’s exposure to asbestos occurred on active duty in the military. However, of the four variants of mesothelioma, the VA only recognizes pleural (lining of the lungs) and peritoneal (lining of the abdomen) mesothelioma as asbestos related diseases. If you are a veteran diagnosed with mesothelioma who was exposed to asbestos on active duty, you should consider applying for VA Disability Compensation.
Even if you aren’t sure if you were exposed to asbestos on active duty, our veterans benefit counselors can help you to understand the various uses of asbestos in the military, and talk with you about your potential to receive VA Disability Compensation or other benefits for which you may be entitled. To speak with a Veterans Benefit Counselor, simply contact our Veterans Department to provide your contact information and one of our veteran’s counselors will contact you.
Asbestos Lung Cancer and GI Cancers
The U.S. Department of Veteran Affairs recognizes the following cancers as “potential” asbestos diseases:
- lung
- bronchus
- gastrointestinal tract
- larynx
- pharynx, and
- urogenital system, except the prostate.
The reason these cancers are considered “potential” asbestos diseases, is because they are known to be caused by asbestos, but have also been linked to many other potential causes such as smoking, hereditary factors, and exposure to other dangerous substances such as Agent Orange.
In order to get these types of cancer approved by the VA as “service-related” conditions, the veteran must be able to provide medical documentation to the VA that convinces the VA that the cancer is “as likely as not” to have been caused by asbestos. This means that asbestos has to be as likely as all other potential causes combined. This is often difficult to do as your doctor may not feel he has the evidence necessary to make such a definitive declaration in your medical record. We often see veterans with a Lung Cancer that is known to be caused by both smoking and asbestos, and their doctor is unwilling to make a statement that the veteran’s cancer is anything more than “possibly’ caused by asbestos.
The key to filing for VA Benefits for such cancers, it is imperative that you speak to your doctor about his willingness to link the cancer to asbestos first. Until we have the necessary medical evidence to convince the VA that the cancer is asbestos related, filing for it with the VA is likely a futile endeavor. To speak with a Veterans Benefit Counselor about your lung cancer and your potential to receive VA benefits, simply contact our Veterans Department to provide your contact information and one of our veteran’s counselors will contact you.
Asbestosis and other Non-Cancerous Asbestos Diseases
The VA acknowledges that inhalation of asbestos fibers can produce:
- fibrosis, the most commonly occurring of which is interstitial asbestos pulmonary fibrosis
- asbestosis
- pleural effusions and fibrosis
- pleural plaques
Asbestosis is basically a medical term to describe asbestos caused pulmonary fibrosis, or scarring of the lungs. Asbestos Pleural Plaque is plaque buildup or calcification of the lining of the lungs. Pleural effusions are also potentially caused by asbestos and are a buildup of fluid in the lining of the lungs.
These non-cancerous asbestos diseases are different from mesothelioma and asbestos lung cancer in that cancer is rated by the VA as totally disabling. In other words, if you are given a service connected disability rating for cancer, you will receive a 100% disability rating, and a monthly payment from the VA, based on that rating. However, non-cancerous asbestos diseases are rated by the VA based on several criteria, the primary of which is the result of a Pulmonary Function Test (PFT).
The results of your PFT will be used by the VA to determine the extent to which your lung capacity has been reduced, and thus, the disability rating you deserve (from 0% to 100%).
To speak with a Veterans Benefit Counselor about your asbestosis or asbestos pleural plaque and your potential to receive VA benefits, simply contact our Veterans Department to provide your contact information and one of our veteran’s counselors will contact you.
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© 2012 The Mesothelioma Center |
Last Modified Wednesday, February 15th, 2012 | Disclaimer | Privacy Policy |
The information provided by The Mesothelioma Center is not a substitute for professional medical advice, diagnosis or treatment.
Sponsored by a law firm concentrating in asbestos litigation, The Peterson Firm, LLP with offices at 1350 Connecticut Ave, NW, Fifth Floor, Washington DC 20036.
