Mesothelioma Va Claim: What You Need To Know
If you or a loved one has been diagnosed with mesothelioma, a rare and aggressive form of cancer caused by exposure to asbestos, you may be eligible for compensation through a VA claim. Here’s what you need to know.
Mesothelioma is a type of cancer that affects the lining of the lungs, heart, or abdomen. It is caused by exposure to asbestos, a fibrous mineral that was widely used in construction, shipbuilding, and other industries until the 1970s. Mesothelioma can take years or even decades to develop after asbestos exposure, and there is no known cure.
Veterans who were exposed to asbestos during their military service and later developed mesothelioma may be eligible for compensation through a VA claim. The VA has established a presumptive service connection for mesothelioma, which means that veterans with a history of asbestos exposure and a diagnosis of mesothelioma are presumed to have developed the disease as a result of their military service.
What is the Process for Filing a VA Claim?
To file a VA claim for mesothelioma, you will need to provide evidence of your asbestos exposure and your diagnosis. This may include military records, employment records, and medical records. You will also need to complete and submit a VA Form 21-526EZ, which is the application for disability compensation.
How Long Does it Take to Receive Compensation?
The VA claims process can take several months or even years to complete. However, if you have a diagnosis of mesothelioma, your claim will be expedited under the VA’s Fast Track program. This program is designed to provide veterans with serious illnesses like mesothelioma with faster access to compensation and benefits.
What Benefits are Available through a VA Claim?
If your VA claim for mesothelioma is approved, you may be eligible for a range of benefits, including disability compensation, medical care, and survivor benefits for your spouse and dependents.
Can I File a Lawsuit Instead of a VA Claim?
Yes, you may be able to file a lawsuit against the companies that exposed you to asbestos. However, it is important to note that the statute of limitations for mesothelioma lawsuits varies by state and can be as short as one year from the date of diagnosis. It is also important to consult with an experienced mesothelioma attorney, as these cases can be complex and difficult to prove.
Who is at Risk for Mesothelioma?
Anyone who has been exposed to asbestos is at risk for mesothelioma, but the highest risk is among people who worked in industries that used asbestos, such as construction, shipbuilding, and manufacturing.
What are the Symptoms of Mesothelioma?
The symptoms of mesothelioma can include shortness of breath, chest pain, coughing, fatigue, and weight loss. However, these symptoms can be similar to those of other respiratory illnesses, so it is important to see a doctor if you have been exposed to asbestos and are experiencing any of these symptoms.
Is Mesothelioma Always Fatal?
Mesothelioma is a very aggressive form of cancer, and there is no known cure. However, early detection and treatment can improve survival rates and quality of life for mesothelioma patients.
Can Family Members of Mesothelioma Patients File a VA Claim?
Yes, family members of mesothelioma patients may be able to file a VA claim for survivor benefits if their loved one was a veteran who was exposed to asbestos during their military service.
Can I Work While Receiving VA Compensation?
Yes, you can work while receiving VA compensation, but your earnings may affect the amount of compensation you receive.
Can I Receive Treatment for Mesothelioma Through the VA?
Yes, if you are a veteran with mesothelioma, you may be eligible for medical care through the VA’s health care system.
Filing a VA claim for mesothelioma can provide veterans with much-needed compensation and benefits, including disability compensation, medical care, and survivor benefits for their loved ones.
- Gather as much evidence as possible to support your VA claim, including military records, employment records, and medical records.
- Consider hiring an experienced mesothelioma attorney to help you navigate the VA claims process and file a lawsuit, if necessary.
- Take advantage of the VA’s Fast Track program for mesothelioma claims to expedite the process and receive compensation more quickly.
If you or a loved one has been diagnosed with mesothelioma, a VA claim may be able to provide compensation and benefits for your medical expenses and other needs. While the VA claims process can be complex and time-consuming, it is worth pursuing if you are eligible. Consult with an experienced mesothelioma attorney to learn more about your options and to get the help you need.
