15 What does the VA consider when evaluating a benefits claim-
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Exclusive Content | Aaron Munz: What does the VA consider when evaluating a benefits claim
15 What does the VA consider when evaluating a benefits claim-

Exclusive Content

Aaron Munz: What does the VA consider when evaluating a benefits claim

How to Prove Military Asbestos Exposure

To prove asbestos exposure, veterans should gather service records, medical documents and personal statements. These items show the U.S. Department of Veterans Affairs how you were exposed during your time in the military. You must show that your illness connects to your service. The VA wants clear proof to approve your claim. Surviving family members can provide similar proof to support claims after a veteran’s passing.

Steps to Proving Military Asbestos Exposure

  1. Review your military service records for asbestos-related job roles or duty stations.
  2. Gather medical records and a doctor’s statement that connect your diagnosis with asbestos exposure.
  3. Write a detailed asbestos exposure summary describing where, when and how exposure happened.
  4. Collect buddy statements from fellow service members who can verify your exposure.
  5. Submit all documents with VA Form 21-526EZ for a claim.

Filing an asbestos claim involves VA Form 21-526EZ. This form is for disability compensation. Make sure you include all your supporting documents. The VA uses these documents to decide your claim. The key to getting approved for VA disability benefits is proving most of the asbestos exposure occurred during military service.

How to Prove Military Asbestos Exposure After the Death of a Loved One

You need to gather key documents to prove asbestos exposure after losing a loved one. You must show the VA how military service caused their illness. This evidence helps build a strong case for benefits. 

Proving a Loved One’s Military Asbestos Exposure

  1. Gather the veteran’s military service records (DD Form 214 and others).
  2. Collect any medical records connected to their asbestos-related illness.
  3. Obtain a copy of their death certificate.
  4. Seek out witness statements from fellow service members.
  5. If possible, find any records of their occupational exposure to asbestos during service.
  6. Consult with a VA-accredited claims agent specializing in asbestos claims.

You’ll need to collect your loved one’s military records. Look for details about where they served and what jobs they did. Get medical records that prove their diagnosis. Find anyone who served in the military with them. Their stories can help prove past exposure. A VA-accredited claims agent can help you gather the right proof.

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Which Documents Will Help Prove Asbestos Exposure?

Military service records, medical records and witness statements help prove asbestos exposure. These documents show where you served and what jobs you did. They also show your health problems and how asbestos caused them. Several documents are required to apply for VA disability benefits.

Important Documents for Asbestos VA Claims

  • Application for disability compensation or DIC (VA Form 21-526EZ)
  • Asbestos exposure summary
  • Marriage and divorce documents, if applicable (VA Form 21-686c if currently married)
  • Medical nexus letter about your diagnosis, exposure and service.
  • Medical records related to asbestos illness, including relevant civilian medical records or a signed medical release (VA Form 21-4142), allowing the VA to request these documents
  • Military discharge paperwork (VA Form DD 214). If the veteran no longer has this form, a Veterans Service Officer can assist with obtaining a copy from the National Personnel Records Center.
  • Occupational exposure records detailing specific job duties and potential exposures within your military service (such as ship logs, work orders, or maintenance records)
  • Witness statements from your fellow service members that detail the locations, times and types of asbestos products you encountered.

Your doctor must write a medical nexus letter that connects your illness to your military service and asbestos exposure. This letter should explain how asbestos caused your condition. 

If you have asbestosis or mesothelioma, the VA presumes asbestos caused it. You’ll still need to connect your asbestos exposure to military service. Veterans are a higher-risk group for asbestos-related diseases because of their exposure to asbestos in the military. 

Writing an Asbestos Exposure Summary for VA Claims

An asbestos exposure summary for VA claims tells the VA where and when you were exposed to asbestos during your military service. You need it to show how your service caused your illness. When you write your summary, give as much detail as you can. Simply showing your military records might not be enough. 

Key Details of an Asbestos Exposure Summary

  • In what branch of the military did the veteran serve and when?
  • To which bases or ships were they assigned?
  • What was their role, and what were their additional duties?
  • Around what type of asbestos-containing materials did they live and work?
  • Did the military fail to give the veteran asbestos safety training or protective gear?
  • What other civilian jobs did they have?
  • Were they ever exposed to asbestos in civilian life?
  • When and where were they diagnosed with an asbestos-related illness?
  • What treatments have they received?

You must explain how your military job exposed you to asbestos. Tell them about the specific places and times exposure happened. Describe the jobs you did that put you at risk. A strong summary explains the asbestos products you worked with. It also shows the risk of exposure from those products and your job. This helps the VA understand how you got sick.

Working with a VA-accredited claims agent can help make this writing process easier. By law, only individuals with this accreditation can represent a veteran or surviving family member in these cases. Accredited Patient Advocates at The Mesothelioma Center are knowledgeable about asbestos-related diseases and asbestos exposure. They are also well-versed in writing exposure summaries. 

What Happens Once VA Receives My Records?

First, the VA starts reviewing all the records you sent to prove your asbestos exposure. They look closely at your medical history to understand your health. This helps them see how your military service might have affected your current condition. They follow the law to make a fair decision.

Next, the VA might ask you to attend a Compensation & Pension exam. A doctor will examine you during your C&P appointment. They’ll write a report about your condition. This report helps VA officials understand the severity of your disability.

After reviewing everything, a Rating Veterans Service Representative assigns a disability rating. This VA rating shows how much your disability affects you. The higher the rating, the more severe the disability is. Then, the VA decides if they can approve or deny your claim. They will mail you a letter explaining their decision.

If the VA denies your claim, don’t worry. You can appeal their decision. This means you can ask them to review your case again. You can also check the status of your claim online through your VA account while you wait for their decision. On average, the VA takes 96 days to complete disability-related claims.

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