If you’re a veteran facing a mesothelioma diagnosis, you need to know what to do to file a mesothelioma claim through the VA. To fully understand your rights, arranging a free consultation and case review with a mesothelioma attorney is best.
What Is Mesothelioma?
Mesothelioma is a rare and aggressive cancer that, in most cases, affects the lining of the lungs (pleural mesothelioma), the lining of the heart (pericardial mesothelioma), or the lining of the abdomen (peritoneal mesothelioma). It is caused almost exclusively by asbestos exposure.
From the early 20th century to the 1980s, asbestos was used in various products. It was once regarded for its fire-resistant and heat-resistant properties, so military personnel often used asbestos products in military applications.
How Service Members May Have Been Exposed to Asbestos
During your time as a military service member, you might have suffered exposure to asbestos in:
- Naval ships (as insulation)
- Military vehicles, especially in clutches and brakes
- Buildings and barracks built before the 1980s
- Protective gear, including fireproof gloves and clothes
The latency period for mesothelioma ranges from 15 to 50 years after exposure. So, you may have served in the Armed Forces years ago but received a diagnosis recently.
Filing a VA Mesothelioma Claim: Talk to a Mesothelioma Lawyer First
If you’ve been diagnosed with mesothelioma and you served in the US Military, your first goal is to file a claim with the Department of Veterans Affairs (VA). Before you file a claim, contact a mesothelioma attorney so you know your rights and you’re assured of success with your claim.
It’s easier to file your claim online. It’s also the quickest method. The VA’s portal allows you to file your claim electronically and upload supporting documentation. You can track your claim’s progress at the same time.
Supporting a VA Mesothelioma Claim: What You Need to Show
Asbestos Exposure During Service: You must show when and where you were exposed to asbestos during your military service.
Current Diagnosis: You must provide medical evidence of your mesothelioma diagnosis. This can be done through medical reports or a physician’s note about your condition.
Why You Need to Consult a Mesothelioma Attorney With Experience Filing VA Claims
A mesothelioma attorney, especially one experienced in VA claims, understands what legal steps you’ll need to take to receive compensation. You’ll receive several advantages when you work with an attorney. They can:
- Gather the necessary evidence
- Ensure your forms are filled out correctly and completely
- Advocate on your behalf, especially if there are any issues with your claim
- Potentially secure additional compensation through various resources
Remember, most mesothelioma attorneys work on a contingency basis, meaning they only get paid if you settle your claim. This allows you to focus on your health while they focus on securing your benefits.
Gathering the Supporting Paperwork
Each document you attach to your claim serves a specific purpose in proving your case. You’ll need:
- Medical records – Including your diagnosis, treatment records, and physician notes to prove the progression of your disease.
- Service records or your dossier – Outlining dates of service, military occupational specialty (MOS), and where you were stationed. Sometimes, military personnel are retrained or reclassified, so all this information is important when making a claim.
- A physician’s statement – Linking your exposure to asbestos to your service in the military (it should be written by a doctor who is familiar with asbestos-type diseases).
- Accounts of fellow veterans, friends, and family – Use the statements of character witnesses to show how the condition has affected your life and to corroborate your asbestos exposure.
- Employment history – If you worked with asbestos after serving in the military, you must provide this information, as the VA needs to know about all possible exposures.
- Dependency documents – Should you claim dependents, you’ll need a copy of your marriage certificate, the birth certificates of dependent children, and school certifications for children who are dependents who are over 18 years old.
- Extra forms for aid – If you’re applying for benefits, such as Aid and Attendance (A&A), you must complete the proper forms. Aid and Attendance is a program where veterans may receive an additional allowance for homebound cancer care.
Determining Your Disability Rating
Based on all the evidence gathered, the VA will assign you a disability rating. This rating determines the amount of your monthly compensation.
Monthly Compensation
Mesothelioma is usually rated at 100 percent disability. As of January 2024, here’s what you might receive:
- Single veteran without dependents: $3,737.85 monthly
- Married veteran without dependent children: $3,946.25 monthly
These amounts increase if you have dependent children or if your spouse needs regular A&A for giving in-home care.
How a Mesothelioma Attorney Can Maximize Your VA Compensation
Reaching out to a mesothelioma attorney can seek the highest compensation for you and your family. For example, your attorney might seek additional benefits, as follows:
- Dependency and Indemnity Compensation (DIC): If you pass away as the result of your service-connected mesothelioma, your surviving spouse and dependent children can receive monthly compensation
- Aid and Attendance (A&A): Again, this benefit provides extra support for in-home care. If you require help with daily activities like dressing, bathing, or eating due to your condition, you may be eligible for this additional monthly payment.
- Healthcare Benefits: Your VA disability status also gives you access to VA healthcare, which is often important for specialty care.
- Vocational Rehabilitation: The VA can provide training and education if you can still work but need to change careers due to your condition.
- Housing Grants: If you need to modify your home to accommodate your condition, the VA offers grants to help with these expenses. In this case, you may ask for assistance if you have a respiratory condition.
How Your Mesothelioma Attorney Can Help with Your Legal Representation
Your most valuable asset is a mesothelioma lawyer who can file a claim for benefits. Below are some ways they can help.
- Gather and Organize Evidence: A mesothelioma lawyer who handles VA claims knows exactly what the VA is seeking and can, therefore, craft a compelling case file.
- Prove Service Connection: Establishing the link between your service and your mesothelioma diagnosis is critical. Your attorney can help identify specific instances of asbestos exposure during your service.
- Submit a Complete, Precise, and Timely Claim: An attorney will ensure your claim is complete, accurate, and submitted on time, reducing the chances of delays or denials.
- Challenge Denials: If your claim is denied (and don’t worry, many are initially), your attorney will explain why and guide you through the appeals process.
- Get Through the Process More Efficiently: The VA can be a bureaucratic maze. Your attorney knows the shortcuts and pitfalls, helping you get through the process more quickly and efficiently.
- Get Money for Care Outside the VA: Beyond VA benefits, you may be eligible for compensation from asbestos trust funds or through lawsuits against asbestos manufacturers. Your attorney can pursue these avenues on your behalf.
- Representation in Legal Proceedings: If your case goes to court, your attorney will be your legal advocate, arguing on your behalf and protecting your interests.
- Provide Continued Support: A mesothelioma diagnosis can be like entering unknown territory. Your attorney serves as a constant source of information and support, answering questions and helping you understand each step of the process.
Contact a Mesothelioma Lawyer to Submit Your VA Lawsuit and Claim Today
You don’t want to file a VA claim alone. To ensure you receive the most money for your care and your family’s future, you need to contact a mesothelioma lawyer at Vogelzang Law. Seeking legal representation is just as important as receiving the proper medical care. Arrange a free consultation immediately.
