Key takeaways: Because of the widespread utilization of asbestos in the U.S. military from 1930-1980, veterans account for approximately 30% of all mesothelioma cases. The government has allotted a certain amount of funds for veteran-only access in an attempt to compensate veterans and their families for decades-long asbestos exposures.
Why do Veterans Have Access to Different Compensation?
Approximately 30% of all mesothelioma cases are veterans. Asbestos exposure is the most notable and researched risk factor for developing mesothelioma. Asbestos was used in all branches of the military for the better half of the twentieth century: it was used in barracks, boiler rooms, ships, ammunition stores, training rooms, and mess halls. If a veteran served between 1930 and 1980, they were likely to encounter asbestos, albeit to different extents depending on their branch. (The Navy had the highest potential for exposure, given that the ships were built and insulated with asbestos. Naval members often lived on these ships for given amounts of time, and were almost certainly exposed during these stents.) Because military asbestos exposure was so common, the government is liable for ensuring veterans and their families are adequately compensated for the danger that was inflicted. Veterans have access to other justice beyond traditional litigation and trust funds because of a.) the omnipresent asbestos in all facets of military service; and b.) the widespread instance of veterans developing mesothelioma.
How can you Access Veteran Funds?
A mesothelioma attorney can help you discern the best course of action to secure you and your family monetary justice. Veterans can often file concurrent claims, meaning that they can appeal through the Department of Veterans Affairs (VA) and a mesothelioma trust fund. To access mesothelioma compensation, veterans do not need to go to a formal court litigation; rather, they need an attorney to guide them through the process of applying for a claim.
1.) The Department of Veterans Affairs (VA) Disability Benefits The VA financially handles all mesothelioma cases in veterans. Depending on the year (and inflation rate/general health of the economy), veterans can receive a monthly disability check because of a mesothelioma diagnosis; the disability rate for 2023 was approximately $3,500 per month.
2.) VA Claims There are claims that a veteran can file through the VA that gives them access to a set of funds available. Importantly, these funds are only available to veterans that served during the peak years of asbestos exposure and have a diagnosed asbestos-related disease. Because of their relatively selective eligibility criteria, the amount of funds available to veterans and their families is significant. Unlike disability benefits in which payments are made monthly, a claim is one “cash-out” of funds for eligible benefits.
3.) VA Pension
Like VA disability benefits, a VA pension is a monthly stipend for veterans with a certified asbestos-related disease. As compared to disability benefits, the requirements for a pension are more stringent: veterans need to have a certain income and net worth to be eligible. Because of traditional pension definitions, these veterans also need to be of a certain age.
If you believe you qualify for the aforementioned claims and benefits, Halpern’s team is here to help you navigate the process from beginning to end.
If you or a loved one has been diagnosed with mesothelioma, please call The Halpern Law Firm at (800)-505-6000. We are here to help you navigate the legal process of filing a claim to receive compensation for your cancer diagnosis. We help mesothelioma victims and their families in Pennsylvania.
Sources:
- Current VA disability compensation rates. (2022, October 12). Veterans Affairs. https://www.va.gov/disability/compensation-rates/
- Veterans asbestos exposure. (2023, July 18). Veterans Affairs. https://www.va.gov/disability/eligibility/hazardous-materials-exposure/asbestos/
Written By Carina Filemyr
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