Benefits available
- Monthly disability compensation
- VA healthcare including specialist referral
- Dependency and Indemnity Compensation
- Aid and attendance allowance
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Compensation
Disability compensation, healthcare and survivor benefits for veterans exposed to asbestos in service.
Veterans with mesothelioma linked to their military service can receive benefits from the Department of Veterans Affairs, and their survivors may qualify after a death. These benefits are not a lawsuit and do not involve suing the government. They are earned benefits with their own application process, evidence rules and appeal options. This guide explains what the VA offers, how to prove the connection to service, how to file efficiently and how to get free, accredited help with the paperwork.
The main benefit for a service-connected mesothelioma diagnosis is monthly disability compensation, paid according to a disability rating. Mesothelioma is commonly rated at the highest level while it is being actively treated, which reflects how serious the disease is. Veterans can also receive health care through the VA, including cancer treatment and, in many cases, referral to outside specialists. Additional monthly amounts may be available for veterans who need help with daily activities or are housebound. After a veteran's death from a service-connected condition, eligible surviving spouses, children and sometimes parents may receive Dependency and Indemnity Compensation. Survivors may also qualify for burial benefits and other support. Each benefit has its own eligibility rules, so it is worth asking about all of them.
To grant disability compensation, the VA generally looks for three things: a current diagnosis, evidence of an event or exposure during service, and a medical link between the two. The diagnosis is shown through pathology and treatment records. Exposure is shown through service records, such as the veteran's military occupation, ship or unit assignments and duty stations, along with the veteran's own statement describing tasks and conditions. The VA recognizes that certain military jobs carried a higher likelihood of asbestos exposure. The link is usually established by a medical opinion, often called a nexus opinion, from a doctor who has reviewed the history and explains why the disease is at least as likely as not related to service. The VA may also schedule its own examination.
Veterans typically apply for disability compensation online, by mail or with the help of a representative, using the VA's application for disability benefits. Submitting an intent to file early can protect the earliest possible effective date while evidence is being gathered, which matters because payments can be backdated to that date if the claim is granted. Include the pathology report, oncology records, service records and a written statement about exposure. Submitting as much evidence as possible at the start can speed up the decision. Because mesothelioma is a serious illness, veterans can ask that their claim be prioritized. Keep copies of everything you send and note the dates. Respond quickly to any VA request for more information or an examination appointment.
When a veteran dies from mesothelioma connected to service, surviving family members may apply for Dependency and Indemnity Compensation, a monthly, tax-free payment. Eligibility depends on the survivor's relationship to the veteran and other factors defined by the VA. If the veteran was already rated for service-connected mesothelioma, the survivor's application is often more straightforward. If not, the survivor may need to show that the mesothelioma was connected to service, using the same kinds of evidence a living veteran would use. Survivors may also be able to pursue any benefits the veteran was owed but had not yet received at death. Gathering the death certificate, marriage or birth certificates, service records and medical records early makes the application smoother.
The VA only allows accredited individuals to help prepare and present benefit claims. Veterans service organizations, county veterans service officers and some state agencies employ accredited representatives who help for free. Accredited attorneys and claims agents may also help, but rules limit when they can charge fees, generally not for filing an initial claim. A representative can review your records, request missing service documents, help obtain a nexus opinion and track your claim. If the VA denies a claim or assigns a lower rating than expected, there are several review options, including a higher-level review, a supplemental claim with new evidence and an appeal to the Board of Veterans' Appeals. Deadlines apply to these options, so act promptly after any decision.
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