The Connection Between Military Service and Mesothelioma
Veterans represent approximately 30% of all mesothelioma cases in the United States, making them the largest group affected by this asbestos-related cancer. This disproportionate impact stems from the widespread use of asbestos in military applications throughout much of the 20th century, particularly between the 1930s and 1980s.
The military valued asbestos for its heat resistance, durability, and insulating properties, using it extensively in ships, aircraft, vehicles, and military facilities. Unfortunately, this put service members at high risk of exposure, especially those who worked in naval shipyards, aboard ships, in construction battalions, or in mechanical roles.
Mesothelioma Among Veterans: Key Statistics
- Veterans account for about 30% of all mesothelioma diagnoses
- Navy veterans have the highest risk among all military branches
- Over 300 asbestos-containing products were used on Navy ships
- Mesothelioma diagnoses among veterans continue decades after service
- The VA recognizes mesothelioma as a service-connected condition
Military Branches and Asbestos Exposure Risk
While all branches of the military used asbestos-containing materials, some service members faced higher risks based on their branch, occupation, and era of service.
Navy Veterans
Navy veterans, particularly those who served aboard ships or in shipyards, faced the highest asbestos exposure risk. Asbestos was used extensively in engine rooms, boiler rooms, sleeping quarters, and throughout naval vessels for insulation and fireproofing.
Army Veterans
Army personnel were exposed through military vehicles, barracks, and facilities containing asbestos insulation, gaskets, and brake linings. Mechanics, construction engineers, and those stationed at older bases faced particular risk.
Air Force Veterans
Air Force service members encountered asbestos in aircraft components, including brakes, insulation, and heat shields. Mechanics, boiler technicians, and firefighters often had significant exposure.
Marine Corps Veterans
Marines faced exposure both aboard naval vessels and in ground facilities. Those who served on ships or in construction roles had particularly high exposure risks.
Coast Guard Veterans
Similar to Navy personnel, Coast Guard members serving on vessels or in maritime facilities were exposed to asbestos in ship components and infrastructure.
VA Benefits for Mesothelioma Patients
The Department of Veterans Affairs provides several benefits for veterans diagnosed with mesothelioma and other asbestos-related diseases. These benefits acknowledge the connection between military service and asbestos exposure.
Disability Compensation
Veterans with mesothelioma may be eligible for disability compensation, which provides tax-free monthly payments. Mesothelioma is rated as 100% disabling by the VA, meaning eligible veterans receive the highest compensation rate.
Healthcare Benefits
Veterans with service-connected mesothelioma are eligible for free healthcare treatment for their condition through VA medical facilities. This includes specialized treatment at VA cancer centers.
Dependency and Indemnity Compensation (DIC)
Surviving spouses and dependent children of veterans who died from service-connected mesothelioma may be eligible for DIC benefits, which provide monthly payments.
Special Monthly Compensation (SMC)
Veterans who require regular aid and attendance due to their mesothelioma may qualify for SMC, which provides additional financial support beyond standard disability compensation.
VA Healthcare Priority Group 1
Veterans with service-connected disabilities rated at 50% or more (including mesothelioma) receive Priority Group 1 status for VA healthcare, ensuring access to care with no out-of-pocket costs.
How to Apply for VA Benefits for Mesothelioma
Applying for VA benefits can be complex, but following these steps can help streamline the process:
Gather Documentation
Collect your military records (DD214), medical records documenting your mesothelioma diagnosis, and any evidence linking your illness to military service.
File a Claim
Submit VA Form 21-526EZ (Application for Disability Compensation and Related Compensation Benefits) online, by mail, or in person at a VA regional office.
VA Review
The VA will review your claim, possibly requesting additional information or scheduling a medical examination through a VA facility.
Decision
The VA will issue a decision on your claim. If approved, you'll receive notification of your benefit amount and start date.
Appeal if Necessary
If your claim is denied or you disagree with the decision, you have the right to appeal through the VA appeals process.
Expedited Processing for Serious Illnesses
The VA offers expedited processing for claims involving terminal illnesses like mesothelioma. Be sure to indicate your diagnosis when filing to potentially accelerate your claim review.
Legal Options for Veterans Beyond VA Benefits
In addition to VA benefits, veterans with mesothelioma may have legal options to seek compensation from asbestos manufacturers and other responsible parties.
| Option | Description | Considerations for Veterans |
|---|---|---|
| Asbestos Trust Funds | Claims against bankruptcy trusts established by asbestos companies | Veterans can file claims with multiple trusts; doesn't affect VA benefits |
| Personal Injury Lawsuits | Lawsuits against companies that manufactured asbestos products | Veterans can sue manufacturers while receiving VA benefits |
| Wrongful Death Claims | Claims filed by family members after a veteran's death from mesothelioma | Surviving family members may be eligible for compensation |
Important: VA Benefits and Legal Claims
Veterans can pursue both VA benefits and legal claims against asbestos manufacturers simultaneously. Receiving compensation from lawsuits or trust funds does not affect eligibility for VA benefits. However, some states have laws that may affect how much compensation you can receive from different sources.
Specialized Resources for Veterans with Mesothelioma
Several organizations and programs offer specialized support for veterans dealing with mesothelioma:
- VA Mesothelioma Benefits Program: Specialized assistance navigating VA claims for asbestos-related diseases
- VA Partnership with Mesothelioma Centers: Some VA facilities partner with specialized mesothelioma treatment centers
- Veterans Service Organizations (VSOs): Organizations like the American Legion and VFW can assist with benefit claims
- VA Accredited Attorneys: Lawyers specifically accredited to help with VA claims while also pursuing legal cases
- Travel Benefits: Some veterans may qualify for travel reimbursement to VA medical appointments
Choosing the Right Legal Help for Veterans
When seeking legal assistance for mesothelioma claims, veterans should look for attorneys with specific experience in both asbestos litigation and VA benefits. Key considerations include:
VA Accreditation
Choose attorneys who are accredited by the VA to handle benefits claims, ensuring they understand the specific requirements and processes.
Military Experience Knowledge
Look for law firms with experience investigating military asbestos exposure and knowledge of specific ships, bases, and military occupations.
Resources for Military Records
Ensure the firm has resources and experience obtaining military records and reconstructing service history to establish exposure.
Understanding of Both Systems
Choose attorneys who understand how to navigate both the VA benefits system and the civil litigation process for maximum compensation.
Frequently Asked Questions for Veterans with Mesothelioma
Will receiving VA benefits affect my ability to sue asbestos companies?
No, receiving VA benefits does not prevent you from pursuing legal claims against asbestos manufacturers. These are separate systems, and veterans can typically receive compensation from both sources.
How long do VA claims for mesothelioma typically take?
While processing times vary, the VA often expedites claims for serious illnesses like mesothelioma. Typically, claims can be processed within 3-6 months, especially if you use the Fully Developed Claim program and submit all required evidence upfront.
What if I can't prove exactly when or where I was exposed to asbestos during my service?
An experienced mesothelioma attorney can help investigate your service history and identify likely exposure sources. The VA recognizes that asbestos was used so widely in the military that specific exposure incidents can be difficult to pinpoint decades later.
Can I receive VA benefits if I was exposed to asbestos during service but didn't develop mesothelioma until after I retired?
Yes, mesothelioma has a long latency period (20-50 years), and the VA recognizes that service-related asbestos exposure can lead to mesothelioma diagnosed decades after military service ended.
Are there time limits for filing VA claims for mesothelioma?
There are no time limits for filing an initial VA disability claim for mesothelioma. However, it's best to file as soon as possible after diagnosis to begin receiving benefits sooner. For legal claims against manufacturers, statutes of limitations vary by state.
Get Help Understanding Your Benefits and Rights
If you're a veteran diagnosed with mesothelioma, you may be eligible for significant VA benefits and additional compensation from asbestos manufacturers.
Try our Mesothelioma Compensation CalculatorGet a free estimate of your potential compensation, including VA benefits and legal claims