Navy veterans exposed to asbestos during their military service may qualify for compensation through two separate avenues. In addition to applying for benefits from the Department of Veterans Affairs, many veterans can pursue compensation from the asbestos companies that contributed to their illness. These are separate pathways, so filing a lawsuit against a private company won’t interfere with VA disability eligibility.
Navigate this page
- The Core Connection: How Navy Service Connects VA Benefits and Third-Party Claims
- Securing VA Disability Benefits for Military Asbestos Exposure and Mesothelioma
- Pursuing Third-Party Asbestos Lawsuits Without Risking Your VA Benefits
- Maximizing Recovery: How a Comprehensive Strategy Coordinates VA Claims and Legal Settlements
- Finding Specialized Asbestos and VA-Accredited Attorneys in Your State
- Have Questions? Talk to a Veterans Asbestos Exposure Attorney Today
- Navy veterans with mesothelioma or another asbestos-related disease may qualify for VA disability benefits based on their service-related exposure.
- In many cases, veterans can also pursue lawsuits and trust fund claims against private asbestos companies without affecting their VA disability payments.
- Our attorneys can coordinate both sides of your family’s Navy asbestos exposure claim and pursue every available source of compensation.
The Core Connection: How Navy Service Connects VA Benefits and Third-Party Claims
The Navy used asbestos-containing materials heavily in its ships and facilities throughout the 20th century. This exposed countless service members to asbestos and put them at risk of later developing asbestos-related diseases, such as mesothelioma.
Although the exposure occurred during military service, sovereign immunity laws largely protect the federal government from lawsuits involving illnesses or injuries arising from military service. However, private companies—not the Navy—produced many of the materials that exposed service members to asbestos. This distinction creates two potential paths to compensation: VA benefits for a service-connected illness and third-party claims against asbestos companies.
These are separate claims, but they often rely on much of the same evidence. Medical records can establish an asbestos-related diagnosis, while service records can demonstrate the origin of a veteran’s asbestos exposure.
Securing VA Disability Benefits for Military Asbestos Exposure and Mesothelioma
To recover VA disability compensation, a veteran must connect their past military service to a current asbestos-related disease. This generally requires both of the following:
- A formal diagnosis of a disease linked to asbestos exposure, such as mesothelioma, asbestosis, or lung cancer
- Evidence showing that the veteran was exposed to asbestos during their active duty military service
If a veteran meets these criteria, the VA assigns a disability rating based on the condition and its severity. Active malignant mesothelioma typically qualifies for a 100% disability rating. This means the veteran may receive compensation at the VA’s highest standard disability rate.
Some veterans may also qualify for special monthly compensation if their illness creates significant limitations. If a veteran dies from a service-connected asbestos disease, their surviving spouse may qualify for Dependency and Indemnity Compensation.
Maximizing Recovery: How a Comprehensive Strategy Coordinates VA Claims and Legal Settlements
You do not have to wait for the VA to make a decision before pursuing compensation from private asbestos companies. In many cases, our legal team can move both claims forward at the same time. Here’s what that process often involves:
1. Evidence Collection
Our attorneys gather evidence establishing both the veteran’s diagnosis and their service-related asbestos exposure. At the same time, we identify the asbestos products involved and the companies responsible for them.
2. Claim Preparation
We use the shared evidence to prepare the VA benefits application while building a separate third-party case. Our team then submits both claims or files a lawsuit on the veteran’s behalf.
3. Recovery
If the VA denies the disability claim, we handle any necessary appeals. Once the claim is approved, the veteran may receive a steady monthly income and access to VA healthcare.
Our attorneys also work to reach a settlement with the responsible asbestos companies or secure payment from applicable trust funds. The settlement may result in lump-sum compensation for medical expenses, pain and suffering, lost income, and other losses resulting from the illness.
After the third-party claims are resolved, Medicare, an insurance company, or another entity may seek reimbursement for related medical care it previously covered. When that happens, we review these claims for duplicate or incorrect charges to preserve as much of the veteran’s settlement as possible.
Finding Specialized Asbestos and VA-Accredited Attorneys in Your State
If you or a loved one has developed an asbestos-related disease after serving in the U.S. Navy, look for a firm with both VA-accredited attorneys and experienced asbestos trial lawyers. This combination allows your legal team to pursue your mesothelioma VA claim while simultaneously building a third-party claim or lawsuit.
Many mesothelioma claims arising from military service involve exposure that crosses state lines. You or your veteran family member may have served aboard multiple ships or worked at shipyards throughout the country—such as Norfolk, San Diego, and Bremerton—while the asbestos manufacturers may have been located elsewhere. A firm with nationwide reach can investigate the full exposure history, determine which courts have jurisdiction over the case, and pursue every available source of compensation no matter where you’re currently located.
We offer a free, no-obligation case evaluation to help you learn about what we have to offer for both sides of your Navy asbestos exposure case. Call 618-659-9833 to speak with a member of our team about your options today.
Have Questions? Talk to a Veterans Asbestos Exposure Attorney Today
Your asbestos exposure in the Navy may entitle you to both VA benefits and compensation from third-party companies. The Gori Law Firm can help you understand your options and pursue both types of compensation on your behalf.
Our case results include many multimillion-dollar settlements and verdicts for people affected by asbestos-related diseases after their military service, and we’re ready to put our track record to work for you. Contact us today to request a free consultation.