Can You Get VA Disability for Asbestos Exposure?
Yes, you can get VA disability for asbestos exposure. VA disability is a good option for service-related exposure victims who live in a state with a statute of repose. An SOR usually cuts off construction defect civil claims, such as negligence failure to warn claims, after about eight or ten years, depending on the jurisdiction and the facts of the case. A 2017 law streamlined the VA disability system, reducing wait times in many cases. A 2025 law reversed many of these advances, at least according to some. But that’s the subject of a different blog.
Other extra-legal options in SOR states include Social Security disability, workers’ compensation, and bankruptcy victim compensation fund claims.
Because of continued confusion and delays in the VA disability system, a nationwide asbestos exposure lawyer is a valuable partner in these cases. Although procedural and other laws are in a state of constant flux, the nuts and bolts of a VA disability claim haven’t changed much since President Abraham Lincoln outlined the system in his Second Inaugural Address in 1865. No one can compare to Lincoln, but an asbestos exposure lawyer has the same passion for assistance to disabled veterans as the Great Emancipator had so many years ago.
Service-Related DisabilityMesothelioma and other asbestos exposure disease claims are relatively easy to prove. A nationwide mesothelioma lawyer must establish a service-related connection and that the illness is disabling.
Service records are usually sufficient to prove a service-related connection, mostly because the burden of proof in these matters (as likely as not) is very low. For example, if Mike served aboard a Navy ship that was built before 1980, and therefore was laced with asbestos, it is as likely as not that he has mesothelioma or asbestosis. Or other asbestos exposure illness is service-related.
Alternatively, Mike may have been stationed at a known asbestos hotspot. Or, his lawyer might use buddy statements to detail his asbestos exposure.
The VA system assigns cash benefits (more on that below) based on a disability rating. Most asbestos exposure illnesses are fatal and essentially untreatable, so the disability rating in these cases is nearly always 100 percent. On a related note, veteran survivors may be entitled to survivor benefits, and relative caregivers may be entitled to caregiver benefits.
Benefits AvailableVA disability benefits usually include monthly cash and free medical care at any VA medical facility. These awards are not always straightforward.
The onset date could be an issue with regard to monthly cash, and specifically, the amount of back pay. Since most veterans keep working as long as possible despite their disabilities, the onset date may be many years before the filing date.
Frequently, an asbestos exposure lawyer partners with an independent doctor to accurately determine the onset date.
Many VA facilities are top-notch facilities, but they do not offer gene therapy and other cutting-edge mesothelioma treatments. Usually, VA disability medical care benefits apply to specialist referrals, but these matters are rather complex. So, a lawyer often needs to get involved in them.
Work With a Detail-Oriented Asbestos Exposure LawyerMesothelioma victims need and deserve significant compensation. For a confidential consultation with an experienced nationwide mesothelioma lawyer, contact the Throneberry Law Group. The sooner you reach out to us, the sooner we start working for you.