VA Claims vs Legal Claims

Long-standing legal rules generally prevent service members from suing the federal government for injuries related to military service. That means a veteran usually cannot bring a lawsuit against the Navy, Army, Air Force or any other branch over asbestos exposure during service. The VA benefits system is the government's way of compensating service-connected illness instead. This rule does not protect private companies, however. The businesses that manufactured, sold or supplied asbestos-containing products to the military can still be held responsible, either through lawsuits against companies that remain in business or, if they went bankrupt, through asbestos trusts.

The VA asks whether exposure during service is at least as likely as not to have caused the illness, and it relies heavily on service records and medical opinions. Legal and trust claims focus on identifying specific products and companies, so they need details about brands, equipment and job sites. A veteran's service records support both, but the legal side usually requires more product-level detail. Keeping your account consistent across both claims matters, because statements made in one setting can be reviewed in the other.

In general, VA disability compensation is not reduced because a veteran receives money from a lawsuit or asbestos trust, since the payments come from different sources for different reasons. Some VA programs that consider income, such as pension, can be affected by other money, so check before assuming. Legal fees and case costs apply to legal and trust recoveries, while VA benefits are paid directly without those deductions. Keeping a VA representative and an attorney informed about each other helps the two claims move forward smoothly.

1. 1

   File a VA disability claim and consult an attorney about product-related claims at the same time.

2. 2

   Write down any brand names or equipment you remember from your service.

3. 3

   Keep your description of duties and exposure consistent in both claims.

4. 4

   Ask whether any income-based VA benefit you receive could be affected by a legal recovery.