If you’re a military veteran who was exposed to asbestos during your service, you may be eligible for a number of benefits, including a special VA pension benefit.
The best way to learn more about your rights for compensation is to contact an mesothelioma lawyer or asbestosis attorney. They can review your diagnosis and military history, so you can receive maximum compensation for your care as well as the financial well being of your family.
The following information covers the VA benefits you can receive, including the special VA pension benefit.
You can receive a monthly tax-free payment for a mesothelioma diagnosis or other asbestos-related claim that ranges from $171.23 to $3,737.85 (in 2024). What you receive is based on your disability rating and your number of dependents. A diagnosis for mesothelioma and lung cancer is typically 100 percent, resulting in the highest payout.
Veterans who have an asbestos-related disease are eligible for survivor benefits as well.
Many companies that manufactured and installed products with asbestos have set up asbestos trust funds. They did this after declaring bankruptcy. Your asbestos lawyer can pursue maximum compensation by determining what you can receive from the VA and these companies.
Signed into law in August of 2023, the PACT Act expanded the financial support for veterans exposed to hazardous materials and toxic substances, including asbestos, during their military career.
What you receive in a pension benefit will depend on your income and needs. There are restrictions placed on this form of compensation.
If asbestos exposure during your time in the military led to a diagnosis of mesothelioma, you may qualify for the following VA benefits:
A mesothelioma lawyer can also file a lawsuit against a manufacturer or distributor who supplied an asbestos product to the military. Any proceeds you receive from a lawsuit will not affect what you receive in disability compensation from the VA. However, your VA pension may be affected, as you must have limited resources to qualify for the pension program.
Therefore, it’s a good idea to consult with a mesothelioma attorney to make sure you get all your financial needs met.
To qualify for VA compensation, you must meet the following requirements.
To receive VA disability compensation, you must prove you were exposed to the substance while working in the military. However, this is not required if you want to receive VA pension benefits. In this case, you only have to show you served during a conflict and that your assets and income are below the program limits. Again, you need to discuss your case with a lawyer to maximize your VA benefits.
If you’re a veteran with an asbestos-related condition, you must possess a net worth of under $155,356 to qualify for a VA pension from December 2023 to the end of November 2024. This amount includes your assets and income, including those of your dependents.
When determining your yearly income, you may add some of your spouse’s earnings. However, take note that the first $6,013 of your partner’s income is not included. However, any amount above that can be included unless you can show evidence that you can’t access the money.
To receive VA disability compensation–different from VA Pension money–you must have a service-connected disability with a rating of at least 10 percent. You’ll usually receive a 100 percent disability rating for lung cancer or mesothelioma. Otherwise, if you have a pleural disease or asbestosis, you are assigned a rating based on the severity of your condition.
If you’re a veteran with dependents, you may receive additional compensation – as long as your disability rating is at least 30 percent.
To meet the disability requirement, you’ll need to prove your asbestos exposure happened during active duty and you have been diagnosed with an illness caused by the exposure. You’ll also need to provide a statement from your doctor stating that the diagnosis is linked to your military activity.
If you were involved in working in a certain specialty during your military service, the VA presumes that your exposure to asbestos happened during your tenure in the military.
In the Navy, asbestos exposure occurs because of the extensive use of the material on ships. Therefore, every occupation aboard a ship and in a shipyard qualifies for a presumption.
Asbestos exposure in the Coast Guard is usually relegated to cutters (US Coast Guard ships that are at least 65 feet long, which can house a crew), resulting in a presumption of a service-connected exposure to many of the Coast Guard’s veterans.
Military asbestos exposure is not restricted to vessels but can include personnel working in various specialties. Some of these jobs may include airmen, builders, construction workers, air vehicle mechanics, firefighters, and electricians.
For instance, if you worked as an electrician in the Army or a firefighter in the U.S. Marines, the VA will presume you were exposed to asbestos during your military service in your work or trade. Even if your condition is not listed on the VA’s specialty listing, you can still qualify for VA benefits. However, you may need to provide more paperwork to receive compensation.
A disability rating is used by the VA to measure the severity of an illness or an injury that is connected to your military service and its overall impact on your health. The rating is alway given as a percentage, with a higher number representing a more serious disability.
The VA figures your disability rating by reviewing your medical records, details from federal agencies, and your VA claim examination results, if applicable. Once the VA confirms the diagnosis, it assigns a rating, following the criteria in Title 38, Section 4.97 of the Federal Regulations code.
The rating is used to determine how much disability compensation you’ll receive as well as the health care services you’ll require. It is necessary to determine what you’ll pay in deductibles and copays if required. Higher ratings lead to higher monthly payouts and a lower share of medical costs.
The disability ratings for asbestos-related conditions are:
If you’re given a disability rating under 100 percent for pleural plaques or asbestosis, your rating can change as your disease progresses or you develop mesothelioma. If you’ve already been diagnosed with lung cancer or mesothelioma, your ratings typically will not change.
If you have pulmonary hypertension or need oxygen therapy to breathe, your rating will be 100 percent, regardless of the other test results.
Pleural plaques represent a type of fibrosis, characterized by an inflammation of the outer lining that surrounds the lungs. Pleural effusion are areas of fluid build-up in the same location. Ratings are made based on the diffusion capacity of the lungs.
Also called the diffusing capacity of the lungs for carbon monoxide (DLCO), the test is used to measure the lungs’ ability to transfer gas from the air and into the bloodstream. It’s a pulmonary type function test that helps a doctor understand the functionality and health of the lungs.
You’ll receive a 100 percent disability rating if your DLCO is under 40 percent. Your rating increases to 60 percent if the DLCO is predicted at 40 percent to 55 percent. A disability rating of 30 percent is assigned to predicted DLCO measurements of 56 percent to 65 percent. If the predicted DLCO is between 66 percent and 80 percent, then the disability rating falls to ten percent.
Your disability rating is assessed at 10 percent if you have the following health conditions along with pleural plaques and effusions:
Depending on your income, you can receive a Veterans pension benefit in addition to receiving disability for a mesothelioma diagnosis or asbestos-related claim. To ensure the maximum compensation you deserve, contact a mesothelioma lawyer or asbestosis attorney at Vogelzang Law for help and advice.
