Asbestos Claims / Mesothelioma Claims / Veterans disability claims

Veterans Disability Claims

Veteran Disability Claims and Asbestos Exposure

For decades, asbestos was used by the U.S. Armed Forces to fireproof all types of vehicles and housing. Hundreds of thousands of veterans were exposed to asbestos on ships, in barracks and even military uniforms. The mesothelioma marines was a common reference.

For this reason, the Department of Veterans Affairs, or V.A., recognizes that many veterans were exposed to asbestos, and they will frequently provide compensation for asbestos-related injuries through the Veterans Benefits Program. Families of veterans harmed by asbestos exposure during their service can often receive survivor benefits.

The law offices of Justinian C. Lane Esquire has helped many veterans receive money from the VA for illnesses caused by asbestos-exposure. Clients who receive money from the VA are still permitted to file claims under the asbestos trust as well. We can help you file both.

Filing a veteran disability claim for health problems caused by asbestos exposure in service.

Even a small exposure to asbestos can cause a range of health problems decades later.

These illnesses can include asbestosis, pleural plaques, mesothelioma and other cancers.

In addition to healthcare bills, asbestos-related illnesses can lead to lost wages, an inability to work, disabilities, a degraded quality of life and even a fatality.

But the VA provides disability compensation to veterans who developed an illness from their exposure to asbestos in service. It also may provide survivors benefits for the families of veterans who died from an asbestos-related illness like mesothelioma or other cancer.

And in addition to VA disability compensation, veterans harmed by asbestos exposure while in service are often entitled to compensation from the asbestos industry for their injuries. In many cases, they do not even need to file a lawsuit.

Asbestos was widely used by the US Armed Forces, exposing many veterans.

Until 1980, asbestos was used throughout the U.S. Armed Forces, including in:

• Ships (pumps, wallboard, insulation, gaskets, boilers, valves, adhesives)
• Vehicles (clutches, brakes, gaskets, hood liners, auto body parts)
• Buildings (barracks and offices, wallboard, dry wall, cement, shingles, tiles, insulation of all kinds)

Veterans who spent time in service working on or maintaining ships, vehicles or buildings that were constructed with asbestos may have been exposed and at risk for asbestos-related illnesses.

Veterans with asbestos-related illnesses may qualify for compensation.

If you or your loved one was exposed to asbestos, speak to a healthcare professional about getting tested for respiratory illnesses associated with asbestos exposure.

And if you have been diagnosed with an asbestos-related illness, you can speak with an asbestos injury attorney at the law offices of Justinian C. Lane, Esq. – PLLC to discuss your options.

Reasons to have an asbestos claims attorney help file a Veterans disability claim.

• Make an informed decision.
• Guide you through the various steps of the asbestos claim process.
• Avoid mistakes that lead to claims getting rejected.
• Take things off your plate.

Understanding asbestos exposure and how it poses a danger to US Veterans

Asbestos is a naturally occurring mineral used in various industries, mainly for its heat resistance, durability, and insulating properties. For many years, it has been widely used in the construction, shipbuilding, and automotive industries. This also applies to buildings and vehicles used by military personnel. 

However, what people are not primarily aware of is that prolonged exposure to asbestos can cause serious health problems. Some of the issues include lung cancer, mesothelioma, and asbestosis. 

And this affected every military personnel who served in the Navy, Army, Marines, and Air Force. They were unknowingly exposed to dangerous levels of asbestos during their service.

In return, the U.S. Department of Veterans Affairs (VA) has established compensation and disability claims for veterans exposed to asbestos while serving their country. Keep reading for more insight into these claims and other important information.

VA Rating System for Asbestos Exposure

For veterans to claim compensation, the U.S. Veterans Affairs (VA) developed a rating system for asbestos exposure. The organization uses this rating system to evaluate the severity of a veteran’s condition resulting from direct exposure. 

The VA rating system ranges from 0 to 100%, with increments of 10 percent. If an individual receives a 0% rating, this essentially signifies somewhat positive news. A 0% rating result indicates evidence of a medical condition related to prolonged asbestos exposure; however, the condition does not affect the veteran’s ability to work.

At the other extreme, a 100% rating means a person’s odds for survival are not that good. A 100% rating indicates that the veteran’s asbestos exposure condition is severe and will be total and permanent.

VA Compensation Rate for Asbestos Exposure

For the VA to calculate compensation for veteran claims of asbestos exposure, a compensation rate was implemented. VA compensation rate for asbestos exposure will provide compensation to veterans diagnosed with asbestos-related illnesses like mesothelioma, lung cancer, asbestosis, and others.

The compensation rate itself can vary depending on the disability rating and the number of dependents the veteran has. The minimum monthly compensation rate for a 10 percent disability rating as of 2021 is $144.14. At the same time, the maximum rate for a 100 percent disability rating with a spouse and child is $3,527.22. 

VA Asbestos Exposure Presumptive

In Veterinary Affairs, there is no need for causal proof of asbestos exposure for any related illnesses or conditions. Instead, the VA assumes that certain illnesses are caused by asbestos exposure if the veteran served in particular situations or in high-risk occupations. 

This is what is known as the VA asbestos exposure presumptive. 

The VA has established a list of illnesses that are presumptively caused by asbestos exposure, including:

• Mesothelioma
• Lung Cancer
• Asbestosis
• Pleural effusions (fluid buildup in the lungs)
• Pleural plaques (thickening of the lining of the lungs) 

Veterans who have been diagnosed with these illnesses do not need to provide causal proof, thereby eliminating the stress and time that accompanies it. If you are diagnosed with any of these illnesses, you are eligible for compensation and disability benefits from the VA.

VA Disability for Asbestos Exposure

Disability benefits are provided for veterans with a service-connected disability from asbestos exposure. The VA disability for asbestos exposure is of great help to veterans.

In order to claim this, the veteran must provide evidence of their exposure to asbestos during their service and their resulting medical condition. The VA will require medical records, service records, and other evidence to evaluate the claim. The VA will then determine the disability rating and compensation rate for the veteran.

VA Asbestos Claim

There are a couple of things a veteran should know before filing a claim with the VA to determine their eligibility for benefits.

To file a claim, veterans must provide evidence of their exposure to asbestos during their service, and they have a resulting medical condition. The VA will require medical records, service records, and other evidence to evaluate the claim.

Note that a veteran has the right to appeal a denied claim by the VA. The appeals process can be lengthy and complex, so these veterans are advised to get assistance from a veterans service organization or attorneys who specialize in VA benefits. These entities can help veterans gather the necessary evidence for their claim and navigate the appeals process.

VA and Asbestos Exposure in the Army/Navy/Marines/Air Force

Army personnel who were exposed to asbestos during their service may be eligible for VA benefits if they have a resulting illness. Army personnel who worked in industries that used asbestos, such as construction, vehicle maintenance, or demolition, may have been exposed to the mineral.

The same applies to navy personnel who served on ships or worked in shipyards. They would also be at high risk of asbestos exposure due to the extensive use of asbestos in shipbuilding and maintenance.

The common condition or illness for navy personnel affected by asbestos exposure is mesothelioma, which is also recognized as a presumptively service-connected illness. This mostly applies to navy veterans who served on ships or worked in shipyards between 1940 and 1990.

Marine and air force veterans are not left out, especially those who worked in industries that used asbestos, such as construction or vehicle maintenance. They are more likely than not to have been exposed to the mineral.

These veterans, along with their service and medical records, can apply for VA asbestos claims.

There are Other Claims for Asbestos-related Illnesses that You May Be Eligible for.

If you have health problems related to your occupational asbestos exposure, there are other sources of compensation you may be entitled to receive. These include:

There are approximately $30 billion sitting unclaimed in asbestos trust funds. Under a court order, this money is set aside only for individuals who were injured by asbestos exposure.

Contact an asbestos claims attorney at the Law Offices of Justinian C. Lane, Esq. – PLLC to see if you qualify. We offer an entirely free consultation with an asbestos claims lawyer, with no obligation. Call, text or email and we can explain your options.

Asbestos Litigation

Negligence and the failure to warn. If a person does not know something is risky, then that person will not know to avoid it. That is why the law requires a company or person who creates a danger to warn others who might be injured.

For decades, the asbestos industry and its insurers knew of the dangers caused by their product, but did not add warning labels for employees and consumers.

That is why the law holds them accountable under civil law. Employees and others harmed by asbestos exposure can file a lawsuit and often recover money for injuries including:

• Healthcare costs (hospital bills, ongoing care)
• Missed work (lost wages and opportunities)
• Pain and suffering (physical pain and mental anguish, including fear of developing cancer)

Wrongful death. In addition, children and spouses of people who died as a result of mesothelioma or other asbestos-related illnesses can seek compensation for injuries including their loss of the family member’s support and companionship.

In asbestos claim lawsuits, victims can often also receive punitive damages. These are large money awards designed to punish the asbestos industry for its deception.

In fact, lawsuits against the asbestos industry are often settled out of court, because the asbestos manufacturers know the facts against them are so damning.

Justinian Means Justice.

Asbestos-related diseases can take a long time to appear, and usually get worse.

Even a small exposure to asbestos can cause a range of health problems decades later. These illnesses can include asbestosis, pleural plaques, mesothelioma and other cancers.

In addition to healthcare bills, asbestos-related illness can lead to lost wages, an inability to work, different disabilities, a degraded quality of life, and even death.

But under state and federal laws, people harmed by asbestos exposure are often entitled to compensation for their injuries.

In many cases, they do not even need to file a lawsuit.

Even regular cigarette smokers who developed lung cancer can often recover money if asbestos exposure made their health problems worse.

We use a comprehensive database of asbestos industry info and cutting edge medical research to gather all the evidence needed to prove your case.

In two decades of representing clients harmed by asbestos, we have built a database of:

• All the worksites and products that contained asbestos.
• All available scientific research into the health effects of asbestos.

We leave no stone unturned to show that how you were exposed to and harmed by asbestos.

Our archival database has virtually all available information on asbestos use and its health effects. We can conduct a search of your workplace or illness.

Free consultation with a seasoned asbestos claims attorney, with no obligation.

If you or your loved one was exposed to asbestos, speak to a healthcare professional about getting tested for respiratory illnesses associated with asbestos exposure.

And if you have been diagnosed with an asbestos-related illness, you can speak with an asbestos injury attorney at the law offices of Justinian C. Lane, Esq. – PLLC to discuss your options.

We can set up a consultation in person, by phone, or video conference – whatever makes you most comfortable. I will listen to your story and explain all your options, including a reasonable estimate of how much compensation you are likely to receive from the asbestos trusts based on your story.

We have the resources available to litigate asbestos cases against the largest companies in the world. We have battled bullies and earned millions of dollars in compensation for clients that were injured by asbestos.

Every case is different, but we are driven by a sense of justice, and aim to deliver justice for our clients, whatever that means for them.

My grandfather was a WW II veteran, and my own family was affected by the deceptions and carelessness of the asbestos industry. And my team and I are ready to go toe-to-toe with any company that manufactured, sold, installed, or removed asbestos products without providing proper protection to our clients.

We do not accept defeat. Unless we get you money for your injuries, you don’t pay us a dime.

Your Rights Can Be Lost If You Wait

There are laws that limit how much time you have to file a lawsuit after being injured. They are known as statutes of limitation.

Most statutes will begin to run from the date of injury. That means the “ticking clock” starts the day that you were diagnosed with an asbestos-related illness. If you are filing a wrongful death claim, the statute of limitation usually dies on the date that the loved one passed away.

Do not wait to find out when your claim begins. If you believe you are entitled to compensation for your asbestos-related illness, call, text or email the Law Offices of Justinian C. Lane, Esq. – PLLC to understand your rights.

No matter what, there is no fee for a consultation, and no obligation.

If you were harmed by asbestos exposure, $30 billion dollars was set up to help pay for your healthcare bills, treatment travel costs, inevitable funeral costs and support your family.

And it will cost you nothing to file a claim.

At AsbestosClaims.Law, we’ve helped thousands of people who were exposed to asbestos in their job, car or at home. Can we help you?

FREE CONSULTATION

1 U.S. Department of Veterans Affairs, Public Health, Asbestos.
Scholarly Citation: Asbestos exposure and mesothelioma mortality among atomic veterans: International Journal of Radiation Biology: Vol 98, No 4 (tandfonline.com)