VA Benefits and Asbestos Illnesses

What is the VA?

The Veterans Affairs Department is a branch of the Federal Government. Veterans of the United States Armed
Forces may be eligible for a broad range of programs and services provided by the Federal Department of
Veterans Affairs (VA). These benefits are legislated in Title 38 of the United States Code. The documents that
govern these benefits are Title 38 of the Code of Federal Regulation (38CFR) and the Department of Veterans
Affairs, Veterans Benefits Administration, Compensation and Pension Manuals (VBA M21-1MR).

The VA should not be confused with each State’s Department of Veterans Affairs (e.g. The Florida Department
of Veterans Affairs or the Missouri Veterans Commission). Many veterans will say that they “spoke with the VA”
or “went to the VA” when what they mean is that they have been dealing with their State’s Department of
Veteran Affairs. The difference boils down to this: The VA is the organization that makes decisions on whether
to grant Federal VA benefits to veterans. The State’s Department of Veterans Affairs is in the business of
advocating on behalf of veterans in their pursuit of those Federal VA benefits. Also noteworthy, is that each
state has additional State’s benefits for which veterans may be entitled. Some are trivial such as a free hunting
or fishing license, while others such as hospice care, may be a significant benefit to the veteran.

What are the Eligibility Criteria for Veterans to Receive Benefits from the VA?
Eligibility for most VA benefits is based upon discharge from active military service under other than
dishonorable conditions. Active service means full-time service, other than active duty for training, as a member
of the Army, Navy, Air Force, Marine Corps, Coast Guard, or as a commissioned officer of the Public Health
Service, Environmental Science Services Administration or National Oceanic and Atmospheric Administration,
or its predecessor, the Coast and Geodetic Survey.

What Kind of Compensation are Veterans Entitled to if They Have a Disability Caused
by Military Service?

When veterans are diagnosed with a disability that is "service-connected", the primary VA benefit that they are
entitled to is Disability Compensation. To apply for Disability Compensation, veterans need to fill out a VA 21-
526 form (Application for Disability Compensation and/or Pension) and file it with the Regional VA Office in their
State. The “Regional Office” is a branch of the Federal Department of Veterans Affairs, not the State’s
Department of Veterans Affairs.

**Note: For veterans filing for an asbestos illness, there are some additional steps you need to take to justify your claim.
You should use Part XIII – Remarks Section to detail your exposures to asbestos while on active duty. You should be
specific and give examples of times you were exposed. Also include information about what you did before and after your
military service. You will need to convince the VA that more than half of your lifetime exposure to asbestos occurred on
active duty. If the remarks section is too small to provide all the detail you feel is necessary to explain your exposure, you
can write it on a separate sheet of paper, and attach it to the 526 and simply refer to the attachment in the Remarks section
of the application. (e.g. For a continuation of Part XIII, write "Continuation of Part XIII” at the top of the page, and then
include your name, and your VA claim number. If this is your first claim, you will not have a VA claim number, so write your
Social Security number instead)

For a PDF version of the VA 21-526 Application for Disability Compensation and Pension, follow this link

VA 21-526 Veteran's Application for Disability Compensation and/or Pension

Using this form, you can save your work and complete the form later. Once complete, this form can be printed
and taken to your Veteran Service Officer (VSO), or it can be attached to an email and sent to your VSO before
your first meeting.
Are There any Benefits for Veterans Based on Their Income
Although most benefits (such as disability compensation) are based on whether a veteran has a service-
connected disability, it is possible to receive benefits such as VA pension and also to qualify for VA health
services even if you do not have a service-connected disability. In order to qualify for these services, you must
be able to show that your income and personal assets prevent you from either having a minimum quality of life
or prevent you from being able to afford your own health care insurance. Veterans can only receive VA
disability compensation OR pension, but not both. If a veteran qualifies for both, he will be awarded the benefit
that produces the greater monthly compensation, which is typically disability compensation. If a veteran
qualifies for VA health services solely based on their income, they will typically be required to make co-pays for
VA health services and prescriptions.

What Information or Evidence Must I Show to Substantiate my Disability Claim?

Generally, veterans are eligible to receive “service-connected” benefits for disabilities related to military service.
To substantiate a claim for service connection, the evidence must show three things:

• You had an injury or a disease that began in or was made worse during military service, or there was an
event in service that caused injury or disease. The event in the case of asbestos illnesses is the exposure to
asbestos while on active duty. Additionally, the VA will look at pre and post-service asbestos exposure. In
order to demonstrate that the illness is “service-connected”, the veteran will need to make that case that the
active duty exposure was more likely than not, the cause of the disease.

• You have a current physical or mental disability. Medical evidence must establish this.

• Your current disability is related to the injury, disease, or event in military service. Medical evidence may be
needed to establish this. This means you must have medical evidence to demonstrate that you have an
accepted “asbestos” disease.

What Diseases are Recognized by VA as Being Caused by Asbestos?

The VA acknowledges that inhalation of asbestos fibers can produce:

• fibrosis, the most commonly occurring of which is interstitial asbestos pulmonary fibrosis
• asbestosis
• tumors
• pleural effusions and fibrosis
• pleural plaques
• mesothelioma of pleura and peritoneum
• cancers of the
− lung
− bronchus
− gastrointestinal tract
− larynx
− pharynx, and
− urogenital system, except the prostate.

Notes: The biological actions of the various fibers differ in some respects, in that
• chrysotile products
− have their initial effects on the small airways of the lung
− cause asbestosis more slowly, and
− result in lung cancer more often, and
• crocidolite and amosite
 − have more initial effects on the small blood vessels of the lung, alveolar walls, and pleura, and result more
often in mesothelioma.

NOTE: Generally speaking, a doctor must state in writing that an illness has been caused by asbestos. The
exceptions are asbestosis and mesothelioma which are accepted by the VA as ONLY caused by asbestos
exposure.

What Factors will the VA Consider when Deciding on my Asbestos Claim?

When deciding a claim for service connection for a disability resulting from exposure to asbestos, the VA will:

• determine whether or not service records demonstrate the veteran was exposed to asbestos during service
• ensure that development is accomplished to 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

Who is a Veterans Service Officer (VSO) and What Do They Do?

VSO’s are paid by either their State’s Department of Veterans Affairs or one of the many Veterans Service
Organizations to act as a direct representative of the veteran when dealing with the VA. They do NOT work for
the VA. A VSO will personally assist veterans in filling out the required paperwork, ensure it is complete and
correct before filing, and will track the progress of the claim for the veteran. We instruct veterans not to deal
directly with the VA, but instead, to try to work through their VSO, as they are the experts and will be able to
guide them along the way.

What Does the VSO Need to File my Disability Claim with the VA?
In order to apply for Disability Compensation, veterans need to provide their VSO the following items:

1. The completed VA 21-526.

2. A copy of their DD 214 (Discharge paperwork). If the veteran no longer has this, a VSO can assist in
obtaining a copy from the National Personnel Records Center.
3. Copies of pertinent medical records (or a signed medical release allowing the VA to request those records*)
4. If the veteran is married, a copy of the marriage certificate (this proves he/she has a dependant which
provides for greater disability compensation).

*This document is a VA-21-4142 and is included at the end of the VA 21-526 form above.

How do I Find a VSO?

VSOs that work for one of the Veteran Service Organizations such as AMVETS or Disabled American Veterans
are usually only located in large metropolitan areas, therefore, it is usually easiest to find a VSO close to where
you live by contacting one of the Veteran Service Officers that works for your State or County. Follow this link to
a directory of State’s Department of Veterans Affairs VSOs; simply click on your State to locate a service officer
near you:

National Association of County Veterans Service Officers

If you are already affiliated with a Veteran’s Service Organization, you may prefer to work with a VSO from your
organization. To find a service officer from one of the Veterans Service Organizations, click on the applicable
link below:

AMVETS
Disabled American Veterans (DAV)
Veterans of Foreign Wars (VFW)
The American Legion

What Does the VA Do After It Receives my Claim?

After the VA receives the Application for Disability Compensation, it sends the veteran a letter explaining what
they have received. They also schedule a medical appt at the nearest VA Medical Facility for the veteran to be
evaluated. The veteran will be asked about asbestos exposure during their time on active duty, as well as
before and after active duty, during this medical examination.

What does the VA do After the Exam and After Obtaining all Necessary Records?

After the Rating Veterans Service Representative has attempted to secure all the records (or evidence) required
by law (including the report of any examinations), he/she reviews the file and makes a decision on the claim
according to the law and the particular facts in your case. In the rating decision, the Rating Veterans Service
Representative lists the evidence, the decision, and the reasons for it. The VA then sends the decision with a
cover letter. If benefits are granted, the letter provides the monthly payment amount and the effective date.
Payments usually begin soon after the letter is received. Benefits are paid back to the date that the VA received
the original claim. However, if benefits are not granted and the veteran believes there is an error (or simply
disagrees with the disability percentage determination), they can file an appeal.

What is Dependency and Indemnity Compensation (DIC) and Who is Eligible to

Receive It?

DIC is a benefit paid to the surviving spouse and/or dependent children of a veteran who dies from a service
connected disability. For a survivor to be eligible for Dependency and Indemnity Compensation (DIC), the
veteran’s death must have resulted from one of the following causes:

1. A disease or injury incurred or aggravated in the line of duty while on active duty or active duty for
training.

2. An injury incurred or aggravated in the line of duty while on inactive duty training.

3. A service-connected disability or a condition directly related to a service-connected disability.

Spouses receive a basic monthly payment plus an additional payment for dependent children, if they require aid
and assistance, or if they are housebound. For more information, contact your local VSO.

Will a law suit against an asbestos company affect my VA benefits?

No, the VA is not concerned about any money you may be awarded from a lawsuit or from an asbestos
company’s bankruptcy trust fund when applying for VA Disability Compensation. The only time that the VA will
be concerned with money that you have received is if that money was given to you by the military for the same
disability that you are currently claiming. In other words, you can’t “double dip” and receive compensation from
the government twice for the same illness. The VA also will consider your financial situation when the benefit for
which you are applying is based on your income level, such as VA Pension.