Disability Compensation

Eligibility

Eligibility for most VA benefits is based upon the status of discharge from active military service. Benefits are available to veterans only if they were discharged from the service under other than dishonorable conditions. Active service means full-time service as member of the Army, Navy, Air Force, Marine Corps, Coast Guard, or as a commissioned officer of the Public Health Service, the Environmental Services Administration or the National Oceanic and Atmospheric Administration.

Current and former members of the Selected Reserve may be eligible for certain benefits if they meet the criteria; this typically requires that the reservist served in an active duty capacity, either from being activated or through ADSW. Honorable and general discharges qualify a veteran for most VA benefits. Other than honorable and bad conduct discharges make a veteran ineligible for VA benefits.

In addition, eligibility for health benefits, are impacted by the cause of the disability. A disability will be deemed to be "Service-Connected" (SC) if it was incurred or aggravated in the line of duty in the military service. This also applies to a veteran's death, should it be the result of a disability incurred or aggravated in the line of service in the Armed Forces. If the veteran's disability or death is not shown to be related to military duty, it is defined as "Non service-connected" (NSC).

Disability Compensation

Disability compensation is a monetary benefit paid to veterans who are disabled by an injury or disease that was incurred or aggravated during active military service. These disabilities are considered to be service-connected. Disability compensation varies with the degree of disability and the number of veteran’s dependents, and is paid monthly. Pay rates can be found at http://www.vba.va.gov/bln/21/Rates/comp01.htm

Application: Establishing a disability rating with the VA is accomplished by filling out a VA Form 21-526. Several documents must accompany the 21-526 so ensure you discuss the appropriate paperwork to bring with you (or to send in with the form) when you have your appointment with your VSO.

Claims Approval: Getting a Disability Claim Approved for an asbestos related illness can be a somewhat difficult and tricky endeavor. You must be able to demonstrate two things to substantiate that you have a “service-connected” disability. First, that you have an illness that can be linked to asbestos exposure, and second, that your illness stems from exposure that was primarily from your time on active duty. At the Veterans Assistance Network, we know how to best assist you in substantiating such claims.

Illnesses Stemming From Asbestos Exposure: The diseases that the VA acknowledges are definitively linked to asbestos are:

Asbestosis
Pleural Effusions
Asbestos Fibrosis
Pleural Plaque
Some lung and GI cancers (doctors must state that it is being caused primarily by asbestos)
Pleural Mesothelioma
Peritoneal Mesothelioma

Other than Asbestosis and Mesothelioma (which are almost exclusively caused by asbestos), any other disease must be diagnosed by a doctor as being caused by asbestos, rather than any other cause (e.g. asbestos fibrosis vice generic pulmonary fibrosis). This is required to be in writing from that doctor. Although asbestos can exacerbate many pulmonary conditions, most doctors are not willing to state in writing that they are definitively being caused by asbestos, because they can be caused by many other things.

Determining Service Connection: In determining whether your asbestos related illness is related to your military service, rating representatives at the VA will consider the following:

whether or not service records demonstrate the veteran was exposed to asbestos during service
determine whether or not the veteran was exposed to asbestos either before or after service, and
determine whether or not a relationship exists between exposure to asbestos and the claimed disease, keeping in mind latency and exposure factors.

Contact us today if you believe you have an asbestos related, “service connected” disability. We can assist in helping you substantiate your claim, as well as assist in finding you a local Veteran Service Officer to assist you in submitting your claim to your State’s Regional VA office.