VA Disability Benefits: FAQs About Asbestos Claims

What Veterans Need to Know About VA Disability Benefits

Veterans with asbestos-related illnesses may be eligible for various veteran benefits, including VA disability compensation, VA health care, geriatric care and caregiver benefits. Veterans should apply for VA benefits to access free health care and monthly compensation to help cover expenses related to the diagnosis. 

To access benefits, veterans submit forms with accompanying evidence to support the claim. It’s important to keep track of your medical records, work records and asbestos exposure history. Gathering and submitting this evidence with your claim are among the most important steps in the claims process.

In addition to disability compensation, the VA offers a pension benefit. But veterans can’t receive both. Understanding the ins and outs of VA benefits and becoming familiar with the VA claim process will help you successfully submit a claim with the VA.

Becoming familiar with the following VA terminology will help you better understand the claims process.

Understanding these terms can help you correctly complete VA forms, which may help get your claim approved quickly. You can contact a VA-accredited claims agent If you have questions about certain VA terms and how they impact your claim.

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Q&A About Asbestos VA Claims

Veterans with mesothelioma don’t have to figure out the VA claims process alone. Resources and assistance are available to help veterans successfully submit a claim. We’ve asked our in-house expert and VA-accredited Claims Agent Aaron Munz to answer frequently asked questions we receive from veterans and their families.

Munz is a former U.S. Army Captain. He now serves as director of the Veterans Department at The Mesothelioma Center and uses his military experience to help thousands of veterans with mesothelioma and their families navigate the complex VA claims process.

Why should I apply for VA compensation?

I tell veterans inquiring about benefits that applying may result in monthly compensation and VA health care. You may get lifetime medical care from any VA network facility, including world-class facilities in Boston and Los Angeles. Our Veterans Department has helped many veterans apply for benefits and VA health care.

The American Medical Association published an article comparing average wait times for new patients at VA treatment centers versus private hospitals. Researchers found VA facilities’ wait times are actually shorter than private sector wait times in many cases.

What evidence must I provide to substantiate my disability claim?

The evidence must show there was an event during service that caused your injury or disease. We help veterans understand the kind of evidence required to substantiate a claim. 

In asbestos claims, the event is asbestos exposure while on active duty. The VA will review asbestos exposure during and after military service. A veteran must prove the disease stemmed from exposure during active duty. Medical records that prove a diagnosis of asbestos illness are required.

Which asbestos-related diseases does the VA recognize?

The VA acknowledges asbestos-related cancers can cause negative health effects. The agency recognizes asbestos can affect particular parts of the body and there are specific conditions asbestos exposure causes.

A doctor must state in writing that asbestos caused your illness. The exceptions are asbestosis and mesothelioma, which the VA automatically accepts as only asbestos-related.

Documenting your diagnosis is related to asbestos exposure is key when filing a claim. A VA-accredited representative can help you navigate the process and steer clear of obstacles that can result in unsatisfactory outcomes.

What factors does the VA consider when deciding on my asbestos claim?

The VA will want to know if records demonstrate exposure to asbestos in the military. It also will want to determine how much asbestos exposure you had before and after military service. This is based on work history. The VA also will determine a relationship between exposure and the claimed disease.

What claim options are available for veterans?

There are several claims available to veterans diagnosed with mesothelioma. The first claim filed is known as the original claim and can be filed pre-discharge up to 180 days before leaving the service or as a post-service claim. Because of mesothelioma’s long latency period, many VA claims are filed well after discharge and can become more complex.

If veterans have already filed a claim that was initially denied but they didn’t immediately file an appeal, they can file a supplemental claim with new and relevant evidence. Our Veterans Department helps veterans submit supplemental claims with new evidence.

For veterans whose claims were approved but whose disability has worsened, there are additional claim options. An increased disability claim, a new claim for added benefits and a special claim for specialized care, equipment or compensation are all available. A secondary claim can also be filed if a new disability develops related to an existing service-connected disability.

As a veteran, can I file an asbestos lawsuit?

Yes. In fact, more than 30% of all mesothelioma legal claims in the U.S. are filed by veterans. If you want to know if you’re eligible to file an asbestos lawsuit, you should consult an asbestos attorney.

Will a lawsuit against an asbestos company affect my VA disability benefits?

No. The VA doesn’t consider any money you may be awarded from a lawsuit or bankruptcy trust fund. Their primary financial concern is that you don’t “double dip” on a benefit. Our claims agents can explain other options for mesothelioma compensation outside of the VA.

You can’t receive money from the government twice for the same illness. The VA will consider your financial situation when the benefit is based on your income level, such as a VA pension. The disability compensation amount isn’t based on income level or assets, as any assets acquired through the legal system have no effect on disability benefits.

VA Eligibility and Filing Questions

Veterans who served full-time and weren’t dishonorably discharged are eligible for VA benefits. There are specific VA forms that must be submitted. If the forms aren’t completed and filed correctly, your claim will be denied, and you must appeal the decision.

Understanding the VA claims process helps veterans access their benefits sooner. Assistance from a Claims Agent is available to help veterans navigate the VA claims process.

What are the eligibility criteria for veterans to receive benefits from the VA?

VA benefits are available to full-time service members of the Marine Corps, Army, Navy, Air Force and Coast Guard. Commissioned officers of the Public Health Service and National Oceanic and Atmospheric Administration are also eligible.

What is the time limit for filing a mesothelioma claim with the VA?

The VA doesn’t have a time limit for filing a post-service claim. However, the process can become increasingly complex over time. One of our VA-accredited claims agents can help veterans navigate the process.

A pre-discharge claim can be filed through the Benefits Delivery at Discharge program for veterans still on active duty with 90-180 days of their service left. Veterans with less than 90 days left of service can’t file through the BDD but can file before discharge and their claim will be processed after separation.

How do you prove asbestos exposure in the military?

The VA explains it will look for evidence that “shows you have a current physical or mental disability (damage to your body or mind that makes you less able – or totally unable – to do everyday tasks, including meaningful work), and an event, injury or illness that happened while you were serving in the military to cause this disability.” Veterans must submit or give the VA permission to gather certain records and documents.

The VA lists military occupations such as mining, milling, shipyard work, construction, carpentry and demolition as high-risk for asbestos exposure. Those who worked with products such as flooring, roofing, cement sheets, pipes, insulation and clutch facings or brake linings are also listed as being high-risk occupations.

What is a Veterans Service Organization Accredited Representative and what do they do?

Veterans Service Organization Accredited Representatives and Claims Agents are advocates with VA-accreditation. VSOs assist veterans in filing for VA benefits and help them write detailed exposure summaries, which are necessary when filing claims for asbestos-related diseases. Our Veterans Department team members are accredited claims agents who can help veterans apply for benefits.

What documentation do veterans need when applying for Disability Compensation?

To apply for Disability Compensation, we help veterans collect the records and documents they’ll need for a successful claim. We can help you fill out your forms.

The VA-21-4142  form is a medical release form, which is included at the end of the VA-21-526 form. The Department of Veterans Affairs explains you should use the VA-21-4142 “to provide your written authorization to obtain your treatment records, so the VA can get the information required to process your claim.” 

The VA-21-526 form is also known as the Veteran’s Application for Compensation or Pension. The VA says to use the VA-21-526 form “when you want to apply for VA disability compensation (pay) and related benefits.”

What does the VA do after it receives my claim?

The VA will send a confirmation letter to the veteran outlining what was received. The VA will ask about past exposure if the veteran hasn’t provided a detailed exposure history.

Our Veterans Department can assist you in writing a detailed exposure summary. This will provide the VA with all the answers it needs to understand your exposure history. For asbestos cancers, a medical exam isn’t typically required. Medical records diagnosing those cancers are often enough.

If my application is refused, can I appeal?

Yes. If you receive a letter from the VA that says your claim was denied, we can help you file an appeal of the decision. You have 1 year from the date stamped on the decision letter.

In most cases, you must file a Notice of Disagreement with the VA. Once you complete the NOD form, you can mail it to the address on the decision letter or take it to your local VA regional office.

Can I work and still receive VA disability benefits?

Most veterans receiving disability benefits from the VA can continue to work, with some exceptions. Those who received a higher disability rating, because they’re considered unemployable, can’t work while receiving VA benefits. Mesothelioma receives a 100% disability rating because there is no cure for the disease.

VA Compensation Questions

The VA offers disability compensation to veterans with asbestos-related diseases such as mesothelioma, lung cancer and asbestosis. This compensation can be used to cover medical expenses and other costs incurred because of the diagnosis.

The amount of compensation depends upon the severity of the diagnosis. For example, mesothelioma has a 100% disability rating with the VA as of 2022, which is correlated to the highest monthly compensation. The time it can take to get compensated varies by state.

The VA offers disability compensation to veterans with asbestos-related diseases such as mesothelioma, lung cancer and asbestosis. This compensation can be used to cover medical expenses and other costs incurred because of the diagnosis.

The amount of compensation depends upon the severity of the diagnosis. For example, mesothelioma has a 100% disability rating with the VA as of 2024, which is correlated to the highest monthly compensation. The time it can take to get compensated varies in each state. 

What kind of compensation are veterans entitled to if their military service caused a disability?

Disability compensation is the primary VA benefit for veterans disabled because of their service. Veterans must fill out a VA 21-526 form (known as an Application for Disability Compensation or Pension) and file it with the regional VA office in their state. The regional office is a branch of the U.S. Department of Veterans Affairs, not the state’s Department of Veterans Affairs.

The VA-accredited claims agents at The Mesothelioma Center can assist you in filing for an asbestos-related illness. We can help you write an asbestos-exposure summary. You must be able to detail your exposure to asbestos with specifics on when and where it happened. You’ll need to convince the VA that more than half of your lifetime exposure to asbestos occurred on active duty.

What is the amount and payment schedule for VA Disability Compensation?

Payments for a service-connected disability are based on the VA’s rating. It’s expressed in 10% increments. Exact disability payments vary. They depend on your level of disability and the number of dependents you have. Other factors include if you’re homebound or in need of regular aid and attendance. You can find a breakdown of the current benefit rates on the VA website.

You’ll receive a payment each month. The basic payment varies between $171 for a veteran with a 10% disability rating to more than $3,877 for someone with a 100% disability rating. Mesothelioma and asbestos-related lung cancer are rated at 100%. Noncancerous asbestos illnesses are rated anywhere from 0% to 100%. Noncancerous ratings are primarily based on the results of a pulmonary function test.

How long will it take for the VA to make a decision on my Disability Compensation claim?

It’s different in every state. The VA has one or more regional offices in each state, and backlogs vary in each state. It generally takes 6 to 8 months to receive a decision. 

The VA’s Fully Developed Claims program now allows veterans, a Veterans Service Organization or claims agent to gather necessary paperwork to help expedite a decision. The waiting time can be cut in half when our claims agents help with your paperwork.

What is Dependency and Indemnity Compensation and who is eligible for it?

DIC is a benefit paid to a surviving spouse, dependent children or both of a veteran who died from a service-connected disability. For a survivor to be eligible for DIC, the veteran’s death must be service-related.

Spouses receive a basic monthly payment. They may receive an additional payment for dependent children if they require aid and assistance or if they are homebound.

Are there benefits available for veterans based on income?

Most benefits are based on whether a veteran has a service-connected disability. It’s possible to receive benefits, such as a VA pension, and qualify for VA health services even if you don’t have a service-connected disability.

You must show your income and personal assets prevent you from enjoying a minimum quality of life or affording your own health care insurance. Veterans who qualify for VA health care based on income have copays for VA prescriptions and health care services.

I often explain to veterans  they can either receive VA Disability Compensation or a pension when they inquire about benefits. They can’t receive both. Veterans who qualify for both will be awarded the higher-paying monthly benefit — typically disability compensation.

Are veteran disability benefits taxable?

No. You don’t need to pay taxes on disability benefits you receive from the VA. When you file your taxes, don’t include the VA benefits you receive in your gross income.

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