Mesothelioma VA Claims
According to the American Lung Association, approximately 3,000 Americans are diagnosed with mesothelioma every year, and a third are veterans. If you served in any branch of the United States military from the 1930s to the 1980s, you may have been exposed to significant asbestos during active duty. The VA provides monthly compensation and health care benefits to veterans with service-connected illnesses from asbestos exposure, such as mesothelioma. Contact our nationally recognized mesothelioma lawyers today for assistance handling your VA claim.
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- If you have been diagnosed with an asbestos-related illness as a result of military asbestos exposure, you may be eligible for VA disability compensation or a VA pension.
- VA disability benefits provide monthly payments to veterans with service-connected disabilities based on their disability ratings.
- VA pensions are monthly payments to disabled wartime veterans over 65 with limited income and resources.
- Surviving spouses, children, and parents can receive monthly benefits when a veteran dies from a service-connected asbestos illness.
- Our award-winning mesothelioma lawyers can file your VA claim for you and identify all available avenues of compensation if you or your loved one is diagnosed with mesothelioma.
Navigate this page
- How Do I File a Mesothelioma VA Claim?
- VA Benefits Available to Veterans with Mesothelioma
- VA Disability for Mesothelioma
- VA Pension Benefits for Mesothelioma
- Aid and Attendance Benefits for Veterans with Mesothelioma
- VA Housebound Benefits for Veterans with Mesothelioma
- VA Benefits Available for Families of Veterans with Mesothelioma
- Contact The Gori Law Firm Today to Learn More About Mesothelioma VA Benefits
- FAQs
How Do I File a Mesothelioma VA Claim?
To file a claim for VA compensation for asbestos exposure, you must submit a disability application to the Department of Veterans Affairs online, by fax, by U.S. mail, or in person at the nearest VA regional office. You will need medical evidence and information about your service history. If you do not have your service records, the VA may be able to obtain this information, but it could increase your application processing time.
Our knowledgeable attorneys can handle your VA application to ensure the VA receives all the paperwork necessary to approve your claim. We will take care of the following:
How Can a Mesothelioma VA Lawyer Help?
- Determine whether you are eligible for disability compensation
- Gather your supporting documents
- Complete your application according to VA standards
- Promptly respond to the VA requests for additional information after submitting your application
VA Benefits Available to Veterans with Mesothelioma
You may be eligible for the following benefits if you have served in any branch of the military and have been diagnosed with mesothelioma:
VA Benefits Available to Veterans with Mesothelioma
- VA disability compensation
- VA health care
- VA pension
- Aid and Attendance
- Housebound Benefits
VA Disability for Mesothelioma
Disability compensation is a monthly tax-free payment for veterans with disabilities stemming from injuries or illnesses caused or contributed to by military service. Qualifying conditions are known as service-connected disabilities. The amount you receive depends on your disability rating, a percentage the VA assigns based on the severity of your disability. The more your disability limits your activities, the higher your rating. Disability ratings range from 10 to 100 percent.
Veterans with service-connected mesothelioma, lung cancer, and severe cases of asbestosis qualify for a 100 percent disability rating, allowing them to receive the highest compensation available. Veterans with mild or moderate cases of asbestosis receive a lower rating, reducing their monthly payments. However, if your condition worsens, you can request an increase in your disability rating.
How Much Disability Compensation Will I Receive?
Your monthly compensation will vary based on your disability rating and number of dependents. The amounts in the table below reflect the 2024 amounts. These amounts are adjusted annually based on the Social Security cost-of-living adjustment, or COLA.
VA Pension Benefits for Mesothelioma
VA pensions are needs-based benefits that provide monthly payouts to disabled wartime veterans over 65 with income and resources lower than the limits established by Congress. You do not need a service-connected disability to qualify.
The net worth limit is the sum of your assets and annual income. In 2024, the limit is $155,356.
The maximum annual pension rate, or MAPR, sets the limit for the yearly amount payable to a veteran. It is based on your number of dependents and whether you qualify for Aid and Attendance or Housebound benefits. The 2024 MAPR rates are shown below:
Your MAPR is higher if you have additional children or a spouse eligible for Housebound benefits or Aid & Attendance. To calculate your monthly benefit, the VA will deduct your annual income from the MAPR and divide the sum by 12.
If you have a 100 percent disability rating and receive VA disability, you do not qualify for a VA pension because your income will exceed the MAPR.
War Time Service Requirements for VA Pension Benefits
To meet the wartime service requirement for the VA pension, you must meet one of the following criteria:
War Time Service Requirements for VA Pension Benefits
- You served at least 90 days of active duty before September 8, 1980, with at least one day of service during wartime.
- You served at least 24 months of active duty after September 7, 1980, with at least one day of service during wartime.
- You served as an officer with a start date after October 16, 1981, without having previously served on active duty for at least 24 months.
Qualifying war times are as follows:
| War | Start Date | End Date |
|---|---|---|
| World War II | December 7, 1941 | December 31, 1946 |
| The Korean conflict | June 27, 1950 | January 31, 1955 |
| Vietnam War era for veterans who served in Vietnam | November 1, 1955 | May 7, 1975 |
| Vietnam War era for veterans who served outside of Vietnam | August 5, 1964 | May 7, 1975 |
| Gulf War | August 2, 1990 | A future date set by Congress or a Presidential proclamation |
Aid and Attendance Benefits for Veterans with Mesothelioma
Aid and Attendance provides additional compensation to veterans who receive a VA pension and meet at least one of the following criteria:
- Need assistance with daily activities, such as bathing and dressing
- Bedridden most of the day because of a disability
- Live in a nursing home because of a disability
- Have limited eyesight
VA Housebound Benefits for Veterans with Mesothelioma
Housebound benefits provide additional monthly payments to veterans who must stay home most of the time because of a permanent disability. You may be eligible for housebound benefits if you do not qualify for Aid and Attendance. The VA only allows you to receive one of these benefits at a time.
VA Benefits Available for Families of Veterans with Mesothelioma
The VA offers benefits to the surviving family members of veterans who pass away from service-connected injuries and illnesses, including mesothelioma and other asbestos-related illnesses.
Dependency and Indemnity Compensation
Dependency and indemnity compensation, or DIC, is a monthly payment program for eligible surviving spouses, children, and parents of veterans who have died from a service-connected injury or disability. The amount payable varies based on the relationship with the deceased and specific circumstances. These amounts are adjusted annually.
Spouse Benefits
If you are the surviving spouse of a veteran who has died of an asbestos-related illness, you may be eligible for DIC if you lived with the veteran continuously until their death or were separated through no fault of your own. You must meet at least one of the following criteria:
- Married the veteran within 15 years of discharge
- Were married to the veteran for at least one year
- Had a child with the veteran
The base rate for an eligible spouse in 2024 is $1,612. You may be eligible for an increased benefit in any of the circumstances below:
| Benefit Type | Eligibility Criteria | Amount |
|---|---|---|
| 8-year provision | The veteran was totally disabled for at least eight years, and you were married the entire time | $342.46 |
| Aid and Attendance | You have a disability and need help with daily activities | $399.54 |
| Housebound Allowance | You cannot leave your house because of a disability | $187.17 |
| 2-Year Transitional Benefit | You have children under 18 | $342 for the first two years after the veteran’s death |
| Benefits when caring for dependent children | You have children under 18 | $399.54 per child |
Children’s Benefits
You may be eligible for DIC as the surviving child of a veteran who died from a service-connected asbestos illness if a surviving spouse is not receiving benefits on your behalf and you are one of the following:
- Under 18
- Under 23 and attending college
- Over 18 with a disability that began before 18
Your DIC benefits will vary based on whether there is an eligible surviving spouse, your disability status, and the number of eligible surviving children. The table below shows the 2024 amounts.
| Your Circumstance | Surviving Spouse | Monthly Benefit |
|---|---|---|
| Unmarried, ages 18-23, and attending college | Yes | $338.49 |
| Child over 18 with a disability that began before age 18 | Yes | $680.94 |
| Only child under 18 or 18-23 and attending college | No | $680.94 |
| One of two children under 18 or 18-23 and attending college | No | $489.79 each |
| Child over 18 with a disability that began before age 18 | No | Add $399.54 to the monthly rate |
Parent’s Benefits
If you are the biological, adoptive, or foster parent of a veteran who passed away from mesothelioma, you may be eligible for DIC if your income is below the limits set by Congress. Your monthly benefit will range from $5 to $799 depending on your income, whether the other parent is still alive, and whether you live with the other parent. If your total annual benefit is $228 or less, you will receive payments quarterly, twice a year, or yearly, depending on the amount.
VA Survivors Pension
A VA Survivor’s Pension is money paid to the surviving family members of veterans who qualified for the VA pension. Your household income must be below the maximum annual pension rate, or MAPR, set by Congress. Your monthly payout will be the difference between the MAPR and your annual income divided by 12. Your net worth must be lower than $155,356 in 2024. This limit and the MAPR are adjusted annually.
The MAPR varies based on your disability status, your relationship to the deceased, and whether you have any dependents. The table below reflects the 2024 amounts.
| Your Relationship to the Deceased | Dependents | Your Base MAPR | Your MAPR If You Qualify for Housebound Benefits | Your MAPR If You Qualify for Aid and Attendance |
|---|---|---|---|---|
| Spouse | None | $11,102 | $13,568 | $17,743 |
| Spouse | One | $14,529 | $16,989 | $21,166 |
| Child | N/A | $2,831 | N/A | N/A |
If you are the surviving spouse with more than one dependent child, your MAPR increases by $2,831 for each additional child. If you have medical expenses that exceed five percent of your MAPR, these can be deducted from your income.
Health Care Through CHAMPVA
If you are the spouse or child of a living or deceased veteran with service-connected mesothelioma, you may be eligible for the Civilian Health and Medical Program of the Department of Veterans Affairs, or CHAMPVA. CHAMPVA is a cost-sharing program that covers some of your health care services and medical supplies. The following family members may qualify:
- Spouse and dependent children
- A spouse or surviving spouse who has not remarried before the age of 55 or whose remarriage has ended for any reason
- A dependent child ages 18 to 23 enrolled in a qualifying education program
- Family members caring for the veteran who do not have other health insurance
If you are a veteran and your family members are eligible for CHAMPVA based on your disability status, you may also be eligible for CHAMPVA in addition to VA Health Care. When receiving health care benefits, you can opt to use your VA Health Care or your CHAMPVA. CHAMPVA provides coverage for the following services:
- Ambulance service
- Ambulatory surgery
- Durable medical equipment
- Hospice
- Prescription medication
- Skilled nursing care
Funeral & Burial Reimbursement
If your loved one has passed away from a service-connected illness, such as mesothelioma, the VA will pay up to $2,000 toward burial expenses and an allowance for the cost of the burial plot. If you bury your loved one in a VA national cemetery, the VA may also reimburse you for the cost of transporting your loved one.
Contact The Gori Law Firm Today to Learn More About Mesothelioma VA Benefits
If you were diagnosed with mesothelioma or another asbestos-related illness after serving in the military, our nationally recognized mesothelioma lawyers can analyze your case and explain your options. We can determine whether you were exposed to asbestos in the military and help you with your VA claim. We will also explore other avenues of compensation, such as a mesothelioma lawsuit or asbestos trust fund claim. Contact us online or call us at (866) 989-3926 today to schedule your free consultation.
FAQs
What Are VA Health Care Priority Groups?
VA priority groups are levels of VA health care coverage that determine how much you will pay for health care. You will be assigned to one of eight priority groups based on your service record and disability status. If your disability rating is 50 percent or higher, you will be assigned to Priority Group 1, giving you access to the highest level of coverage.
Can I Use VA Health Care with My Own Insurance?
Yes, you can use private insurance or a Medicare supplement to cover treatment not covered by VA Health Care. The VA may be able to apply your insurance payments to co-pays. Your health insurance provider may also apply your VA charges toward your annual deductible.
If I Recover Compensation in a Mesothelioma Lawsuit, Will My VA Benefits Be Affected?
Compensation from a mesothelioma lawsuit will not affect your VA disability compensation but could impact your VA pension.
Can I Sue the Military for My Service-Connected Asbestos Exposure?
You cannot sue the military for asbestos exposure that occurred during active duty, but you may be able to sue the parties that manufactured asbestos products and supplied them to the military. Our knowledgeable mesothelioma lawyers can analyze your service history and determine which suppliers are liable for your military asbestos exposure.
