Navigating VA Benefits and Legal Options After Asbestos Exposure
Mesothelioma is a rare and aggressive cancer caused by exposure to asbestos. Among those most affected are U.S. military veterans—particularly those who served between the 1930s and the early 1980s, when asbestos was widely used in ships, vehicles, barracks, and equipment. Today, nearly one-third of all mesothelioma diagnoses occur in veterans, making them a uniquely vulnerable population.
Fortunately, veterans diagnosed with mesothelioma may be eligible for substantial benefits through the U.S. Department of Veterans Affairs (VA), as well as private legal claims against manufacturers of asbestos-containing products. This article outlines the types of veterans claims available, how to file, and what compensation may be available.
Why Are Veterans at Higher Risk?
Asbestos was prized for its heat resistance, durability, and low cost. The military used it extensively in:
- Shipbuilding (especially in boiler rooms, engine rooms, and insulation)
- Aircraft and vehicle maintenance
- Construction of military housing and bases
- Protective gear and fireproofing materials
Navy veterans are particularly at risk, as ships contained high concentrations of asbestos in confined spaces. Sailors working below deck, machinists, pipefitters, and shipyard workers were often exposed daily—without protective equipment or warnings.
Because mesothelioma has a latency period of 20 to 50 years, many veterans are diagnosed decades after their service ended.
VA Benefits for Veterans with Mesothelioma
Veterans diagnosed with mesothelioma may qualify for a range of benefits through the VA. These include:
1. VA Disability Compensation
- Tax-free monthly payments
- Typically rated at 100% disability due to the terminal nature of mesothelioma
- As of 2025, married veterans may receive up to $4,044.91 per month
2. VA Health Care
- Access to specialized cancer treatment at VA facilities
- Coverage for chemotherapy, surgery, immunotherapy, and palliative care
- Travel reimbursement for medical appointments
3. Aid and Attendance (A&A)
- Additional monthly compensation for veterans who require help with daily activities
- Can be used to pay for in-home care or assisted living
4. Housebound Benefits
- Available to veterans who are substantially confined to their home due to illness
- May be combined with other benefits depending on eligibility
5. Dependency and Indemnity Compensation (DIC)
- Monthly payments to surviving spouses and dependents of veterans who died from service-related mesothelioma
- As of 2025, surviving spouses may receive $1,612.75 per month
6. Funeral and Burial Benefits
- Reimbursement for burial expenses
- Eligibility for burial in a national cemetery
- Military honors and memorial services
How to File a VA Mesothelioma Claim
Filing a VA claim for mesothelioma involves several steps:
- Confirm Diagnosis Obtain medical records confirming a diagnosis of malignant mesothelioma from a qualified oncologist or pathologist.
- Document Asbestos Exposure Provide a detailed account of military service, including job duties, locations, and dates of exposure. Ship logs, service records, and witness statements may be helpful.
- Submit VA Form 21-526EZ This is the standard application for disability compensation. It can be filed online, by mail, or in person at a VA regional office.
- Include Supporting Evidence Attach medical records, service history, and any documentation linking asbestos exposure to military service.
- Work with a VA-Accredited Attorney or Claims Agent Legal professionals can help ensure the claim is complete, accurate, and submitted on time. They can also assist with appeals if the claim is denied.
Common Challenges in VA Mesothelioma Claims
While the VA recognizes mesothelioma as a service-connected condition, veterans may still face challenges:
- Lack of documentation: Many asbestos exposures occurred decades ago, and records may be incomplete.
- Delayed diagnosis: Veterans may not realize their illness is linked to military service.
- Claim denials: Initial claims may be denied due to insufficient evidence or procedural errors.
- Appeals process: Navigating the VA appeals system can be complex and time-consuming.
Working with an experienced attorney or veterans advocate can significantly improve the chances of a successful claim.
Private Legal Claims for Veterans
In addition to VA benefits, veterans may be eligible to file private lawsuits or trust fund claims against companies that manufactured or supplied asbestos-containing products. These claims are separate from VA benefits and may result in substantial compensation.
Types of Private Claims:
- Personal injury lawsuits: Filed by living veterans diagnosed with mesothelioma
- Wrongful death lawsuits: Filed by surviving family members also known as asbestos after death claims.
- Asbestos trust fund claims: Filed with bankruptcy trusts established by former asbestos manufacturers
Veterans can pursue both VA benefits and private legal claims simultaneously. Compensation from private claims may cover:
- Medical expenses not covered by the VA
- Lost income and future earnings
- Pain and suffering
- Travel and caregiving costs
Why Legal Assistance Matters
Mesothelioma claims—whether through the VA or private litigation—require detailed documentation, medical evidence, and strategic legal guidance. A qualified attorney can:
- Identify all sources of asbestos exposure
- Coordinate VA claims and private lawsuits
- Maximize compensation through negotiation or trial
- Handle appeals and trust fund submissions
- Provide compassionate support throughout the process
Most mesothelioma law firms work on a contingency basis, meaning veterans pay nothing unless compensation is awarded.
Why Contact The Law Office of Melinda J. Helbock
At The Law Office of Melinda J. Helbock, A.P.C., we are proud to support veterans diagnosed with mesothelioma. Our firm offers:
- Decades of experience in asbestos litigation and VA claims
- Access to national exposure databases and military records
- Personalized case strategy tailored to each veteran’s service history
- Proven results in securing multi-million-dollar settlements and benefits
If you or a loved one served in the military and were diagnosed with mesothelioma, contact our San Diego office today for a free consultation. We’ll help you explore every legal option and fight for the justice you deserve.
References
- Mesothelioma Veterans Center. (2025). Mesothelioma veterans benefits: File a claim for asbestos exposure. https://www.mesotheliomaveterans.org/veterans/va-benefits/
- The Mesothelioma Center. (2025). VA claims for mesothelioma: How to file in 2025. https://www.asbestos.com/veterans/va-claims/
- Mesothelioma.net. . (2025). VA claims for mesothelioma: How to get benefits. https://mesothelioma.net/va-claims-mesothelioma/
- U.S. Department of Veterans Affairs. (2025). VA disability compensation rates. https://www.va.gov/disability/compensation-rates/