VA Benefits & Claims for Veterans With Mesothelioma
Almost one-third of all people diagnosed with mesothelioma in the United States are military veterans. If you or a family member have served in the U.S. Armed Forces, you may be entitled to compensation due to asbestos exposure.
Find Out If You Qualify for CompensationThe United States Department of Veterans Affairs (VA) offers a wide variety of benefits to veterans facing a mesothelioma diagnosis.
VA benefits include a broad range of services meant to allow disabled veterans to care for themselves and their families while undergoing a medical crisis. VA mesothelioma benefits include both monthly monetary support and health care.
Mesothelioma has a 100% disability rating, meaning you may be eligible to qualify for over $3,700 each month in benefits, including free mesothelioma treatment, pension payouts, and other support.
That said, applying for VA benefits can be a complicated and time-consuming process. Proving asbestos exposure and linking it to your active service period requires significant documentation, some of which may be difficult to find.
The VA allows veterans to work with a lawyer or advocate who can help them gather documentation, create a claims package, and guide them through the filing process.
See if you qualify for VA benefits.
Key Information
- Monthly Benefits: Benefits can include thousands of dollars to help pay for treatment, expenses, and other services related to your mesothelioma diagnosis.
- Disability Benefits: Mesothelioma has a disability rating of 100%, which may qualify eligible veterans for over $3,700 each month, including free or low-cost treatment.
- Family Members: Family members have various survivor benefits they may qualify for, such as Dependency and Indemnity Compensation (DIC), the VA Survivors Pension, burial benefits, and more.
- Additional Compensation: Veterans and family members may be eligible for additional compensation through lawsuits and asbestos bankruptcy trusts.
Types of VA Benefits Available
If you are a veteran suffering from mesothelioma or other asbestos-related illnesses, like lung cancer, you may be able to access multiple compensation options.
These include:
VA Disability Compensation
The VA offers disability compensation to former service members, including those diagnosed with mesothelioma. This assistance is designed to help veterans with essential living and medical expenses.
The VA assigns a disability rating to all covered conditions based on severity and the predicted degree of disability the veteran will experience.
Mesothelioma has a 100% disability rating, entitling veterans diagnosed with this cancer to the highest level of compensation.
The VA regularly reviews and updates its compensation rates to account for increases in the costs of living. Rates are also adjusted based on a veteran’s number of dependents.
Below are several examples of the basic monthly compensation rate for veterans with mesothelioma in 2024:
- No dependants: $3,737.85 per month
- A spouse: $3,946.25 per month
- A spouse and one parent: $4,113.51 per month.
The more dependents a veteran has, the larger the monthly benefit. Additional benefits are added if a veteran has children. The age and number of dependent children compound these benefits.
- Every additional child under 18: $103.55
- Every additional child over 18 in a qualifying education program: $334.49
In general, patients undergoing treatment for mesothelioma are not able to work. VA benefits provide necessary support to veterans and their families struggling with this severe illness.
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Check NowSpecial Monthly Compensation
Disabled veterans who rely on another person for care qualify for special monthly compensation.
Special monthly compensation is meant for those whose disability means they need help with daily self-care — like eating, bathing, or dressing — or who are fully bedbound or housebound.
As with the basic monthly compensation, the rate is adjusted depending on the veteran’s number of dependents. Payments range from $4,651 per month to over $11,000 per month.
The additional money is intended to address the increased medical and home care costs incurred by severe disability.
VA Health Care
In the United States, three medical facilities offer specialized care for veterans suffering from mesothelioma.
These include:
- West Los Angeles VA Medical Center
- VA Boston Health Care System
- Michael E. DeBakey VA Medical Center
These state-of-the-art facilities offer free or low-cost treatment to veterans fighting mesothelioma. Treatment options for mesothelioma may include chemotherapy, radiation, or surgery.
The surviving spouses or children of a veteran who passed away with a permanent or total disability rating may be eligible for health care through the Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA) program.
For veterans’ family members suffering from secondary asbestos exposure, these services can be vital.
Services offered through this program include:
- Ambulance service
- Ambulatory surgery
- Durable medical equipment (DME)
- Family planning and maternity
- Hospice
- Inpatient services
- Mental health services
- Outpatient services
- Pharmacy (prescription medicines)
- Skilled nursing care
- Transplants
Mesothelioma treatment is expensive, and VA programs like CHAMPVA, which cover things like chemotherapy and mesothelioma medications, can make a big difference.
The VA frequently reviews and changes its coverage rates to address the needs of veterans and their families more fully. Even those who were not covered previously may now be eligible for assistance.
In August of 2022, The Sergeant First Class (SFC) Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act was signed into law, expanding VA health care benefits to all veterans exposed to toxic or hazardous substances during their service.
These benefits now extend to all veterans who served in the Vietnam War, the Gulf War, Iraq, Afghanistan, the global war on terror, and any combat zone after 9/11. Asbestos is one of the hazardous materials covered by this expansion.
Other VA Benefits
Additional benefits are available for members of the military who have been affected by mesothelioma and other asbestos-related illnesses.
These include:
- VA Pension
- VA Geriatric & Extended Care Services
- VA Caregiver Benefits
- VA Fiduciary Program
VA Survivor Benefits for Family Members
Surviving family members of veterans with mesothelioma also have access to additional benefits meant to help provide support for those who have lost loved ones.
These benefits include:
- VA Burial & Military Headstones
- Funeral Reimbursement
- Survivors Pension
Dependency Indemnity Compensation (DIC)
Spouses and dependents of veterans who died as a result of service-related illnesses — including mesothelioma — may be eligible for compensation through the Dependency Indemnity Compensation program.
Currently, eligible family members can receive monthly payments beginning at $1,612.75.
Children may also be eligible to receive VA DIC under certain circumstances. If the required criteria are met, these funds can total up to $680.94 monthly.
The amount of monthly support can increase depending on several factors, including the veteran’s living circumstances, the dependent’s present circumstances, and the number of eligible dependents.
Other factors can also increase the monthly benefit. The table below shows some examples.
Individual Factors | Monthly Benefit Additions |
---|---|
The veteran had a 100% disability rating for a minimum of eight years, during which you were married. | Eight-year provision benefit of $342.46 per month. |
The veteran is disabled and requires assistance with daily activities, which you provide as the primary caretaker. | $399.54 per month for aid and attendance benefits. |
The veteran is homebound due to disability, but you do not qualify for aid and attendance. | $817.17 per month for housebound allowance. |
You have children under the age of 18. | A first two-year benefit of $342 per month and $399.54 per month per child as a transitional benefit. |
VA Survivors Pension
A VA Survivors Pension is an annual sum available to the surviving spouse of a veteran to help support them following the veteran’s death. To qualify for Survivors Pension, the surviving family’s net worth must be less than $155,356.
The amount a survivor receives is calculated by subtracting the surviving family’s yearly income for VA purposes (some things, like health care costs, can reduce the amount of income considered) from your Maximum Annual Payment Rate (MAPR).
For example, if your yearly income is $10,000 and your MAPR is $17,743, the total you could collect in VA Survivors Pension funds would be $7,743.
Several contributing factors determine your MAPR. The table below shows some examples of how these factors affect the MAPR.
Individual Factors | Maximum Annual Payment Rate |
---|---|
Spouse with Aid and Attendance benefit and dependent child* | $21,166 |
Spouse with Aid and Attendance benefit and no dependent child | $17,743 |
Housebound spouse with dependent child* | $16,989 |
Spouse with dependent child* | $14,529 |
Housebound spouse without dependent child | $13,568 |
Spouse with no dependent child | $11,102 |
Qualified surviving child | $2,831 |
*A spouse with more than one dependent child can add $2,831 to their MAPR for each additional child.
Burial Benefits Through the VA
The family members of a veteran who has passed may also be eligible for burial benefits through the VA. The VA offers funds for the plot, services, and headstone or memorial object.
The amount provided varies depending on the circumstances and date of the veteran’s passing.
Circumstance/Date | Benefit Amount |
---|---|
Burial allowance amount if the veteran died a service-connected death on or after September 11, 2001 | $2,000 |
Burial allowance amount if the veteran died a non-service-connected death on or after October 1, 2023 | $948 burial allowance and $948 for a plot |
Burial allowance amount if the veteran died a non-service-connected death while in a VA medical facility on or after October 1, 2023 | $948 burial allowance and $948 for a plot (In some cases, transportation costs may also be covered.) |
Headstone/marker allowance if the veteran died on or after October 1, 2021 | $231 |
Eligibility Requirements for Mesothelioma VA Benefits
Two factors will determine if, as a military veteran, you are eligible for mesothelioma compensation from the VA.
These are:
- You must have had contact with asbestos during your military service
- You did not receive a dishonorable discharge
If both of these statements are true, you may be eligible for VA compensation.
Filing for Mesothelioma VA Benefits
Veteran and their families have several options for how to file a VA claim, including:
- In-person at a VA office
- Online through the VA website
- Through the mail
- With the help of an accredited VA claims agent or lawyer
Filing for mesothelioma VA benefits can be a difficult and time-consuming process. The veteran must be able to provide appropriate documentation proving a link between their service and asbestos exposure.
Here’s more information about the steps to file a claim:
- Prepare and submit an exposure summary and accompanying documents detailing the link between asbestos exposure and active duty military service.
- Supporting documents include medical and military records, discharge records, biopsy pathology reports, and witness statements.
- The VA begins the review process. The veteran should receive written notification that the review process has started.
- The veteran receives the results of the review. If the compensation has been approved, payment will begin. Payment is backdated to the claim submission date. Disability checks arrive on the first of the month.
- If the benefit claim has been denied, veterans have one year from the denial to submit a Notice of Disagreement (NOD).
The VA allows veterans to work with a lawyer who can help them prepare their claim submission. Working with an experienced asbestos attorney can help make the submission process less stressful for eligible veterans.
Additional Compensation Options for Veterans With Mesothelioma
In addition to compensation through the VA, mesothelioma victims may be able to pursue legal action against the companies that put them in harm’s way.
Eligible veterans can file lawsuits against asbestos companies or seek compensation from asbestos bankruptcy trusts. Some combine these two methods.
It’s important to remember that these legal options are subject to statutes of limitations. If a victim of asbestos exposure waits too long, they may not be able to file their legal case for potential compensation.
The statute of limitations does not affect VA benefits.
“Seeking additional forms of compensation does not impact your VA benefits. Veterans are just as entitled to take legal action and receive compensation as all other victims. Contact our team today to see if you may qualify for additional compensation for your mesothelioma diagnosis.”
– Samuel Meirowitz, Attorney
Mesothelioma Lawsuits
Mesothelioma lawsuits are filed against companies that manufactured, installed, and distributed asbestos products — not the U.S. government or any branch of the U.S. military.
Veterans exposed to asbestos-contaminated products, widely used in military ground installations, aboard military marine vessels, and in aircraft, may be able to sue the manufacturers of these products.
Filing a mesothelioma lawsuit is often a lengthy and complex process, but successful claims can provide significant financial support for treatment, hold companies accountable, and help provide for victims’ families.
Asbestos Bankruptcy Trusts
Alternatively, dozens of asbestos trust funds have been established by negligent companies to compensate mesothelioma victims. More than $30 billion has been set aside in these trusts to compensate the hundreds of thousands of victims impacted by the asbestos industry.
Military veterans who have been diagnosed with mesothelioma may be able to receive funds from multiple trust funds if they can show credible proof of asbestos exposure stemming from the company’s products.
An experienced mesothelioma lawyer can help eligible victims track down all the companies responsible for their exposure, allowing them to maximize their potential compensation and hold all negligent parties accountable.
Learn More About Your Options Today
Mesothelioma treatment is expensive and exhausting. Veterans and their families deserve to understand and have access to all the different options available for compensation.
If you or a loved one has been diagnosed with mesothelioma and you want to explore your compensation options, reach out today.
Our team of legal experts may be able to help you seek legal compensation in addition to filing for VA benefits.
Reach out today to see if you are eligible for VA benefits.
Sources
- U.S. Department of Veterans Affairs. “Veterans asbestos exposure.” Retrieved from https://www.va.gov/disability/eligibility/hazardous-materials-exposure/asbestos/
- U.S. Census Bureau. Veterans Day 2018: Nov. 11. Retrieved from https://www.census.gov/newsroom/facts-for-features/2018/veterans-day.html
- Pira, E., et al. Exposure to asbestos: past, present and future. Journal of Thoracic Disease. Retrieved from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5830559/
- U.S. Department of Veterans Affairs. “Asbestos” Retrieved from https://www.publichealth.va.gov/exposures/asbestos/index.asp
- Till JE, et Al. “Asbestos Exposure and Mesothelioma Mortality among Atomic Veterans.” Retrieved from https://www.ncbi.nlm.nih.gov/pubmed/30513236
- U.S. District Court for the District of Rhode Island. Mannix v. CBS Corp. Retrieved from https://www.govinfo.gov/content/pkg/USCOURTS-rid-1_18-cv-00558/pdf/USCOURTS-rid-1_18-cv-00558-0.pdf
- U.S. Supreme Court. Air And Liquid Systems Corp v. Roberta G. Devries. Retrieved from https://www.supremecourt.gov/DocketPDF/17/17-1104/52622/20180709143544196_17-1104%20JA%20Vol.%20I.pdf
- Naval Air Station Patuxent River Tester. “Pax River asbestos abatement continues installation-wide.” Retrieved from https://www.dcmilitary.com/tester/news/local/pax-river-asbestos-abatement-continues-installation-wide/article_435173d2-90e4-5ff0-b03d-93c28d61a66e.html
- U.S. Coast Guard. “Update: Medical Documentation of Shipboard Lead/Asbestos Exposure.” Retrieved from https://www.dcms.uscg.mil/Our-Organization/Assistant-Commandant-for-Human-Resources-CG-1/Flag-Voice/FlagVoice-485/
- U.S. Department of Veterans Affairs. “Dependency Indemnity Compensation (DIC) Rate Tables.” Retrieved from https://www.benefits.va.gov/COMPENSATION/resources_comp0306.asp
- CHAMPVA benefits. Veterans Affairs. (n.d.-a). https://www.va.gov/family-and-caregiver-benefits/health-and-disability/champva/
- Current DIC rates for spouses and dependents. Veterans Affairs. (n.d.-b). https://www.va.gov/disability/survivor-dic-rates/
- Current special monthly compensation rates. Veterans Affairs. (n.d.-c). https://www.va.gov/disability/compensation-rates/special-monthly-compensation-rates/
- Current survivors pension benefit rates. Veterans Affairs. (n.d.-d). https://www.va.gov/pension/survivors-pension-rates/
- Current veterans disability compensation rates. Veterans Affairs. (n.d.-e). https://www.va.gov/disability/compensation-rates/veteran-rates/
- Eligibility for VA disability benefits. Veterans Affairs. (n.d.-f). https://www.va.gov/disability/eligibility/
- Exposure to hazardous chemicals and materials. Veterans Affairs. (n.d.-g). https://www.va.gov/disability/eligibility/hazardous-materials-exposure/
- How to file a VA disability claim. Veterans Affairs. (n.d.-h). https://www.va.gov/disability/how-to-file-claim/
- The Pact Act and your VA benefits. Veterans Affairs. (n.d.-i). https://www.va.gov/resources/the-pact-act-and-your-va-benefits/
- Veterans Asbestos Exposure. Veterans Affairs. (n.d.-j). https://www.va.gov/disability/eligibility/hazardous-materials-exposure/asbestos/
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