Being exposed to asbestos carries significant health risks and can lead to the development of mesothelioma, an aggressive, often fatal, cancer. In many cases, people who have been exposed to asbestos can seek compensation for their illness. Dealing with related health conditions makes it vital to understand more about asbestos exposure, what consequences follow, and suitable avenues for compensation, like a claim with Veterans Affairs (VA).
Asbestos Exposure and Related Illnesses
Asbestos is a naturally occurring, heat-resistant mineral that was widely used in military settings for its durability and insulation properties. It was employed extensively in naval ships, aircraft, vehicles, and buildings because of its ability to withstand high temperatures.
However, this material poses significant health risks when fibers become airborne and are inhaled or ingested. Conditions linked directly to asbestos exposure include:
- Mesothelioma. This aggressive form of cancer primarily affects the lining of the lungs or abdomen. It is almost exclusively caused by asbestos exposure and usually surfaces many decades after initial exposure.
- Asbestosis. This is not a cancer but rather a progressive and long-term disease that affects lung tissue. Asbestos fibers in the lungs result in scarring and consequently impair an individual’s ability to breathe normally over time.
- Lung cancer. While exposure to asbestos is not the only cause of lung cancer, it significantly increases the risk when combined with other factors like smoking.
As a veteran, if you’ve been exposed to asbestos during your military service and are presently suffering from any of these health conditions, it’s essential to understand your options for recourse.
Eligibility for Filing a VA Claim for Asbestos Exposure
If you’re a veteran dealing with health issues related to asbestos exposure and if you think your condition is connected to service-related exposure, filing a VA disability claim may be possible.
To do so successfully, certain criteria need to be met:
- You must demonstrate that your symptoms correspond with conditions known or recognized as being due directly to asbestos exposure.
- Evidence also needs to show contact with asbestos occurred during the course of military service.
If you satisfy these criteria, you may be able to receive VA disability benefits.
Steps To File a VA Claim For Asbestos-Related Illnesses
Filing a VA claim can feel like an overwhelming process, but breaking it down into manageable steps can make navigating this necessary action far more doable. Here’s what you need to do:
- Determine eligibility. The first step involves ensuring your eligibility for filing a claim. This is dependent on proving asbestos exposure during military service, resulting in a health condition linked to that contact.
- Gather evidence. Once you’ve determined that you’re eligible to file a claim, it’s helpful to start collecting evidence.
- Get a medical exam. In some cases, the VA will require you to get a medical exam. This doesn’t happen in every case, though. It usually only occurs if you don’t have enough medical evidence on your own to support your claim.
- File the claim. Submitting documents like medical records, service details, and a descriptive doctor’s statement will construct the evidence base for your claim. You can utilize the VA’s online portal to file, or you can file by mail.
- Wait for a decision and receive benefits. Once you’ve filed your claim, you’ll wait for a decision to be made. In some cases, it could take several months for you to hear anything about your claim.
Contact a lawyer for help filing. When filing a claim for disability benefits, working with an experienced attorney can be incredibly helpful. Make sure you find one who is familiar with personal injury law as well as VA procedures to ensure you get everything you’re entitled to.
Evidence Needed To Submit Your Claim With the VA
Before you file your VA disability claim, it’s helpful to understand the most important pieces of evidence you will need to be successful. This usually includes the following:
- Medical records. Presenting medical reports that explicitly detail your health condition resulting from asbestos exposure is crucial. These records should indicate diagnoses along with relevant treatment plans and history.
- Service records. Also necessary is an accurate record of the duration and exact nature or location of military service and when contact with asbestos occurred. This may include your job assignment, assigned duty locations, or roles in which you were in close contact with asbestos.
- Doctor’s statement. An important part of your claim will be a comprehensive statement provided by a medical professional. This should clearly establish a direct link between the symptoms and conditions you’re experiencing and your known exposure to asbestos during military service.
All these documents together can sufficiently demonstrate the complex cause-and-effect relationship between service-related asbestos contact and resulting health problems, thereby strengthening your claim for compensation through a claim with the VA.
FAQs
Can I claim VA benefits and also file a personal injury lawsuit for my condition?
Yes, you have the ability to claim VA benefits and also file a personal injury lawsuit for your asbestos-related condition. Filing mesothelioma lawsuits or claims against an asbestos trust fund does not affect your VA benefits either now or in the future. Establishing multiple sources of compensation can enhance support during this challenging time.
What benefits can I receive from the VA for my asbestos claim?
Depending on the circumstances, you could be eligible for up to $3,946.25 per month if you are married; unmarried claimants would receive slightly less.
Beyond monthly disability compensation, veterans filing for asbestos-related claims may also be eligible to receive:
- Automobile allowance
- Clothing allowance
- Education assistance
- Specially adapted housing or special home adaptation grants
While the compensation and benefits outlined provide an overview of the relief available through a VA claim, they denote just some aspects you might be eligible for. Understanding fully what is accessible often requires personalized advice from legal experts.
Do I need a lawyer to file a VA claim for asbestos exposure?
You are not required to hire a lawyer to file your VA claim; you can do everything on your own. That being said, you usually have a better chance of being successful if you work with an experienced legal professional.
Contact Gomez Trial Attorneys for Help With Your VA Asbestos Exposure Claim
Ultimately, filing a VA claim as a result of asbestos exposure is up to you. If you meet the criteria, a claim is usually a good idea as it can help provide for you and your family as you go through this difficult time.
Navigating a VA asbestos exposure claim can feel overwhelming, but we’re here to guide you every step of the way. At Gomez Trial Attorneys, our team understands what it takes to submit successful VA claims and is ready to advocate for your rights. To get started with us and understand what your viable legal options are, give us a call at 619-237-3490 or contact us online today for a free consultation.