Veterans who were exposed to asbestos during their time in the military are eligible for several VA benefits. However, this compensation is not typically enough to cover your costs. That’s why you should speak to a mesothelioma lawyer if you’ve been diagnosed with mesothelioma.
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.
Why You Need the Support of a Mesothelioma Lawyer
You’ll need to depend on the support of a mesothelioma lawyer who handles VA cases. They can look at your diagnosis and time in the military so you can receive a higher settlement.
Disability Payments
If you get diagnosed with mesothelioma, your maximum payout in 2024 is $3,737.85. Mesothelioma patients are usually given a 100 percent rating, which allows them to collect a higher payout. You’ll also receive more money if you have dependents.
VA Benefits for Survivors - Dependency and Indemnity Compensation (DIC)
If you are diagnosed with mesothelioma, your family can also apply for survivor benefits, also referred to as dependency and indemnity compensation or DIC.
- The VA Pension Benefit – If your income is limited, you can also receive a VA pension benefit for your disease.
- Other VA Benefits – Other VA benefits may include aid and attendance, which provides monthly compensation if you need a caregiver. You can also receive money for household benefits if you’re homebound. These payments fall under special monthly compensation (SMC) under VA classifications for claims.
- Asbestos Trust Funds: How This Compensation Can Maximize Your Compensation – While the VA benefits can assist your care, the money can only go so far. For example, you may need money for surgery for a lung resection or for reducing the fluid buildup in the lungs. This may be necessary in addition to radiation treatments and chemotherapy.
How Your Mesothelioma Attorney Can Increase Your Compensation
Your mesothelioma attorney is your go-to source for maximum compensation. Many asbestos funds were set up after asbestos companies declared bankruptcy.
Your mesothelioma lawyer can pursue the maximum settlement in VA benefit and find out what companies supplied the products that led to your exposure. A lawyer can also file VA benefits for you and submit lawsuits to trust funds.
The Role of Mesothelioma Lawyers
To break down their role, mesothelioma lawyers experienced in veterans’ cases can:
- Evaluate the veteran’s case and identify all potential sources of compensation.
- Assist in filing and appealing VA claims to ensure maximum benefits.
- Pursue legal action against asbestos manufacturers and other responsible parties.
- Help access asbestos trust funds.
- Ensure compliance with legal deadlines and requirements.
- Provide experienced guidance on complex legal and medical issues.
Determining Additional Compensation Sources
Beyond VA benefits, veterans with mesothelioma may be eligible for compensation from:
- Asbestos Trust Funds: Set up by bankrupt asbestos companies to compensate victims.
- Personal Injury Lawsuits: Lawyers can make claims against solvent companies responsible for asbestos exposure.
- Wrongful Death Claims: Filed by family members of veterans who passed away due to mesothelioma.
- Workers’ Compensation: For post-military occupational exposure.
- Social Security Disability Insurance (SSDI): Federal disability benefits.
All the above sources can help you get all the money you need for your daily living expenses and to cover medical care.
Accessing Asbestos Trust Funds
As indicated, asbestos trust funds are a primary source of additional compensation for veterans with mesothelioma. Here’s how lawyers can help access these funds:
- Identifying Eligible Trusts: Lawyers research the veteran’s asbestos exposure history to determine which trust funds may apply.
- Collecting the Supporting Evidence: Attorneys can collect necessary documentation, including:
1. Military service records
2. Medical records and diagnosis
3. Asbestos exposure history
4. Witness statements
- Filing Claims: Lawyers prepare and submit claims to relevant trust funds, ensuring all requirements are met.
- Expedited Processing: Many trusts offer expedited claim processing for mesothelioma victims. Lawyers can ensure claims qualify for this faster review.
- Maximizing Your Payout: Attorneys understand trust fund payment schedules and can strategize to maximize compensation.
- Managing Multiple Trust Claims: Veterans may be eligible for compensation from multiple trusts. Lawyers can manage claims across various funds.
- Following the Appeals Process: If a claim is denied or underpaid, attorneys can handle the appeals process.
Legal Strategies to Maximize Benefits
Experienced mesothelioma lawyers employ various strategies to maximize compensation:
- Pursuing Comprehensive Exposure Investigations: Attorneys can thoroughly research all potential sources of asbestos exposure, both during and after military service.
- Identifying All Liable Parties: Lawyers can find out which companies may be responsible for a veteran’s asbestos exposure.
- Coordinating Benefits: Lawyers ensure the pursuit of additional compensation and make sure it doesn’t negatively impact a client’s VA benefits.
- Timing Strategies to Ensure a Larger Settlement: Mesothelioma attorneys can file claims in the most advantageous order to maximize overall compensation.
- Collecting Medical Evidence: Mesothelioma attorneys work with medical experts to build a strong case – linking asbestos exposure to a mesothelioma diagnosis.
- Negotiating Successfully: Mesothelioma lawyers can negotiate higher settlements from asbestos companies or trust funds.
- Preparing for Trial: Attorneys who are skilled in mesothelioma cases are prepared to take cases to trial, if necessary, to secure fair compensation.
Filing a VA Claim – How the Claims Process Works
When filing a VA claim, you’ll need to schedule an initial consultation with a lawyer. A mesothelioma lawyer will evaluate your case, reviewing your history as a veteran and identifying the viability of your claim.
Next, the attorney will gather evidence, collecting all the required documents and testimonies. This information will be used to file claims to the VA, asbestos trusts, and other similar filings. The attorney will work with trust administrators and defendants to obtain a fair settlement. If it’s necessary, they’ll pursue your case in court. Once you’re awarded a settlement, your attorney will ensure you receive your money without delay.
How to Select the Right Mesothelioma Lawyer
When you select a mesothelioma lawyer, make sure you choose an attorney who takes care of VA mesothelioma cases. Also, check their track record or successful outcomes in cases like yours. It’s also important to ensure the legal firm has access to resources to investigate and litigate mesothelioma cases while filing VA claims.
Frequently Asked Questions (FAQs)
Yes, you can receive more compensation from other sources, especially asbestos trust funds.
Generally, no. VA benefits are based on a service-connected exposure to asbestos. Therefore, you can receive more compensation from another source. A mesothelioma VA lawyer will properly coordinate your claim.
Once you receive a diagnosis, you should speak to a lawyer immediately, to get the care you need ASAP. Because mesothelioma is a latent disease and happens decades later, you don’t have a time limit to file a claim. However, the urgency of your care is paramount, so you should seek legal help right away.
Contact a Mesothelioma Lawyer Today
Have you been diagnosed with mesothelioma? If so, you need to retain legal services. Find out more about your rights now. Contact a mesothelioma lawyer at Vogelzang Law today.
