If you served as a member of any branch of the military and have been diagnosed with mesothelioma, you may be eligible to file a mesothelioma VA claim and receive disability benefits from the U.S. Department of Veterans Affairs (the VA). VA disability benefits can help you pay for your medical expenses related to mesothelioma, including surgeries and chemotherapy. Take the following steps to file your VA disability claim as a veteran with mesothelioma in New York.
VA benefits for mesothelioma are designed to provide financial assistance and medical care to veterans who have been diagnosed with this devastating disease. The Department of Veterans Affairs (VA) recognizes that mesothelioma is a service-connected condition, meaning that it is caused by exposure to asbestos during military service. As a result, eligible veterans with mesothelioma may be entitled to receive various benefits, including disability compensation, health care, and survivor benefits. These benefits aim to alleviate the financial burden and ensure that veterans receive the necessary medical treatment and support.
First, contact your local VA office and request the correct VA claim forms for disability benefits. You can contact the New York Division of Veterans’ Services at 1-888-838-7697 to be connected to a benefits advisor. Once you receive the forms, fill them out using information about yourself and your claim with help from your advisor. You may have to answer questions about your years in service, where you traveled as a soldier, your jobs after service and your illness.
You must meet certain qualifications to receive any type of disability benefit from the VA’s office, including compensation for military asbestos exposure. You must provide evidence and documentation proving your eligibility along with your claims paperwork. Do your best to gather proof of the required elements before initiating the claims process. Your benefits advisor can help.
First, you will need to submit proof of your verified mesothelioma diagnosis. This will come from your doctor or a mesothelioma specialist. Your physician will make a diagnosis after conducting a physical exam and other tests, such as a biopsy to check your tissues for mesothelioma cancer cells. You can use copies of your medical records, as well as a letter from your doctor, to send in as proof to the VA.
Next, you must prove that your asbestos exposure occurred during your military service to support your mesothelioma VA claims. As a veteran of the armed forces, you may have been exposed to asbestos for an extended time while serving. If you were in the Navy, for example, you may have encountered asbestos in shipyards, as asbestos used to be a popular shipbuilding material.
Many different products and materials used by soldiers – and found in New York military bases – may also contain asbestos, including armored vehicles, gas masks, brake pads, communication systems, fireproofing equipment and construction materials. If you are not sure what constitutes proof that you were exposed to asbestos during your time in the military, your VA claims specialist can help. Your advisor can request a copy of your military personnel file, for example, to document where you traveled with the military.
To be eligible for any VA disability benefits, you must prove that you were honorably discharged from the military. You can do this using your DD-241 separation paperwork from the military. If you were dishonorably discharged, Veterans Affairs benefits do not apply to you and will not help with your mesothelioma case.
Veterans who have been diagnosed with mesothelioma due to asbestos exposure during military service may be eligible for a range of VA benefits. These benefits can provide crucial financial support, specialized medical care, and assistance for surviving family members. Understanding the types of VA benefits available can help veterans and their loved ones navigate their options and secure the compensation they deserve.
VA disability compensation is a tax-free monthly benefit that provides financial assistance to veterans with mesothelioma. The amount of compensation varies depending on the veteran’s disability rating, which is determined by the VA based on the severity of their condition. Veterans with mesothelioma are typically assigned a 100% disability rating, which is the highest rating available. This means that they are eligible to receive the maximum amount of compensation, which is currently $3,877 per month for single veterans with no dependents. This financial support can help cover medical expenses and other costs associated with living with mesothelioma.
VA health care provides medical treatment and care to veterans with mesothelioma. The VA has a network of hospitals and clinics that specialize in treating asbestos-related diseases, including mesothelioma. Veterans with mesothelioma may be eligible to receive treatment at one of these facilities, which may include surgery, chemotherapy, and radiation therapy. The VA also offers palliative care and hospice care to veterans with mesothelioma who are in the advanced stages of the disease. Access to specialized medical care ensures that veterans receive the best possible treatment for their condition.
Your benefits advisor can submit your disability benefits claim on your behalf once you have completed the paperwork and gathered all required information. The VA will then review the claim and notify you in writing of its decision. If the VA denies the claim, you can file an appeal, if desired.
Surviving family members of a veteran who passed away from mesothelioma may be eligible to receive VA benefits, including dependency and indemnity compensation (DIC) and survivor benefits. DIC is a tax-free monthly benefit that provides financial assistance to the surviving spouse and dependent children of a veteran who died from a service-connected condition, including mesothelioma. Survivor benefits may also include education and training benefits, home loan guarantees, and burial benefits. These benefits aim to support the family members of veterans who have made the ultimate sacrifice.
To be eligible for VA benefits, veterans with mesothelioma must file a claim with the VA. The claim must include medical records and evidence of asbestos exposure during military service. Veterans may also be required to undergo a medical examination to determine the extent of their disability. The VA recommends that veterans work with a VA-accredited claims agent to help them navigate the claims process and ensure that they receive the benefits they are entitled to.
In addition to VA benefits, veterans with mesothelioma may also be eligible to receive compensation from asbestos trust funds and lawsuits against companies that manufacture and sell asbestos products. These benefits are not exclusive to VA benefits, and veterans may be able to receive both types of compensation. This additional financial support can further alleviate the burden on veterans and their families, providing them with the resources they need to cope with the impact of mesothelioma.
In general, the VA acknowledges that mesothelioma is a service-related illness. This can make the process of receiving disability benefits easier than with other types of diseases. However, you may still encounter complications that interfere with your ability to recover benefits. If you need assistance filing a VA disability claim for mesothelioma, contact a mesothelioma attorney in New York.
A lawyer can make the claims process easier, as well as review your other potential options for financial compensation, such as a personal injury lawsuit against the party that exposed you to asbestos. Your attorney can also take care of the difficult claims process for you – including going up against an insurance company – while you focus on your future.
As the founding partner of Williams Law Firm, Joseph P. Williams has dedicated over 30 years to representing mesothelioma victims and their families. His firm has recovered hundreds of millions of dollars for those affected by asbestos exposure, offering personalized, aggressive legal advocacy. Based in New York, Williams Law Firm provides free consultations and handles cases nationwide. Contact (855) 575-6376 or complete our online contact form.
As the founding partner of Williams Law Firm, Joseph P. Williams has dedicated over 30 years to representing mesothelioma victims and their families. His firm has recovered hundreds of millions of dollars for those affected by asbestos exposure, offering personalized, aggressive legal advocacy. Based in New York, Williams Law Firm provides free consultations and handles cases nationwide.
