Free, confidential case reviews

Mesothelioma GuideResearch & Compensation
Witness stand in an American civil courtroom

Legal

Navy Service and Legal Claims

Veterans cannot sue the military, but they can sue the manufacturers that supplied asbestos products

Topic
Legal claims & lawsuits
Reading time
3 min
Understand the diagnosis

Many veterans with mesothelioma were exposed during Navy service. Federal law generally prevents service members from suing the government for injuries related to their service. But veterans can often bring claims against the private companies that manufactured and supplied the asbestos products used on ships and at shipyards. These claims are separate from VA benefits, and many veterans pursue both.

Why manufacturers are the defendants

The Navy purchased asbestos-containing products such as pipe insulation, gaskets, pumps, valves and boilers from private companies. Claims focus on those manufacturers and suppliers, not on the military. The argument is typically that companies knew or should have known about the dangers of asbestos and failed to adequately warn the people who used their products. Some of those companies are still in business, while others went bankrupt and set up trusts. A veteran's claim may involve both. Identifying the ships, spaces and equipment involved helps pinpoint which companies' products were present during the veteran's service.

How VA benefits fit alongside

VA disability compensation is a separate program run by the Department of Veterans Affairs. It is based on a service-connected condition, not on anyone's fault. Veterans can generally apply for VA benefits and pursue claims against manufacturers at the same time. VA health care is also available to many veterans with mesothelioma. Surviving spouses and dependents may qualify for survivor benefits. Because the programs have different forms and evidence requirements, many veterans work with a veterans service officer for the VA claim and a legal team for the product claims.

Service records that help both paths

Military personnel records, including the DD-214 and records of ship assignments, support both VA benefits and legal claims. Ship histories and deck logs can show where a vessel was and what repairs were made. Shipyard overhaul records may reveal periods of heavy insulation work. Statements from shipmates can confirm conditions aboard ship. Requesting records early is important, because it can take time to receive them. Veterans who also worked in civilian jobs after service should include those in their history, since they may add more sources of exposure. Family photos from service years can help too.

What to do next

  1. 1

    Request your full military personnel file through the National Archives.

  2. 2

    List every ship, shipyard and shore station, with approximate dates of service.

  3. 3

    Contact a veterans service officer about applying for VA disability benefits.

  4. 4

    Ask for a free case review to identify product manufacturers tied to your service.

Questions

Common questions

Find out in minutes whether a claim is still available

Free, confidential case review for patients and families in all 50 states.

Powered by IRPR(opens in a new tab)