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VA Benefits and Asbestos IllnessesWhat is the VA?

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

The VA should not be confused with each States Department of Veterans Affairs (e.g. The Florida Departmentof Veterans Affairs or the Missouri Veterans Commission). Many veterans will say that they spoke with the VAor went to the VA when what they mean is that they have been dealing with their States Department ofVeteran Affairs. The difference boils down to this: The VA is the organization that makes decisions on whetherto grant Federal VA benefits to veterans. The States Department of Veterans Affairs is in the business ofadvocating on behalf of veterans in their pursuit of those Federal VA benefits. Also noteworthy, is that each

state has additional States benefits for which veterans may be entitled. Some are trivial such as a free huntingor 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 thandishonorable conditions. Active service means full-time service, other than active duty for training, as a memberof the Army, Navy, Air Force, Marine Corps, Coast Guard, or as a commissioned officer of the Public HealthService, 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 Causedby Military Service?

When veterans are diagnosed with a disability that is "service-connected", the primary VA benefit that they areentitled 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 theirState. The Regional Office is a branch of the Federal Department of Veterans Affairs, not the StatesDepartment 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 bespecific and give examples of times you were exposed. Also include information about what you did before and after yourmilitary service. You will need to convince the VA that more than half of your lifetime exposure to asbestos occurred onactive duty. If the remarks section is too small to provide all the detail you feel is necessary to explain your exposure, youcan write it on a separate sheet of paper, and attach it to the 526 and simply refer to the attachment in the Remarks sectionof the application. (e.g. For a continuation of Part XIII, write "Continuation of Part XIII at the top of the page, and theninclude your name, and your VA claim number. If this is your first claim, you will not have a VA claim number, so write yourSocial 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 printedand taken to your Veteran Service Officer (VSO), or it can be attached to an email and sent to your VSO beforeyour first meeting.

http://www.vba.va.gov/pubs/forms/VBA-21-526-ARE.pdfhttp://www.vba.va.gov/pubs/forms/VBA-21-526-ARE.pdfhttp://www.vba.va.gov/pubs/forms/VBA-21-526-ARE.pdf

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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 mustbe able to show that your income and personal assets prevent you from either having a minimum quality of lifeor prevent you from being able to afford your own health care insurance. Veterans can only receive VAdisability compensation ORpension, but not both. If a veteran qualifies for both, he will be awarded the benefitthat produces the greater monthly compensation, which is typically disability compensation. If a veteranqualifies for VA health services solely based on their income, they will typically be required to make co-pays forVA 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 anevent 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

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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 asbestosexposure.

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 asbestoseither 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?

VSOs are paid by either their States Department of Veterans Affairs or one of the many Veterans ServiceOrganizations to act as a direct representative of the veteran when dealing with the VA. They do NOTwork forthe VA. A VSO will personally assist veterans in filling out the required paperwork, ensure it is complete andcorrect before filing, and will track the progress of the claim for the veteran. We instruct veterans not to dealdirectly with the VA, but instead, to try to work through their VSO, as they are the experts and will be able toguide 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 Veteransare 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 toa directory of States Department of Veterans Affairs VSOs; simply click on your State to locate a service officernear you:

National Association of County Veterans Service Off icers

http://nacvso.org/?page_id=14http://nacvso.org/?page_id=14http://nacvso.org/?page_id=14

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If you are already affiliated with a Veterans Service Organization, you may prefer to work with a VSO from yourorganization. To find a service officer from one of the Veterans Service Organizations, click on the applicablelink below:

AMVETSDisabled 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 whatthey have received. They also schedule a medical appt at the nearest VA Medical Facility for the veteran to beevaluated. The veteran will be asked about asbestos exposure during their time on active duty, as well asbefore 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) requiredby law (including the report of any examinations), he/she reviews the file and makes a decision on the claimaccording to the law and the particular facts in your case. In the rating decision, the Rating Veterans ServiceRepresentative lists the evidence, the decision, and the reasons for it. The VA then sends the decision with acover 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 receivedthe original claim. However, if benefits are not granted and the veteran believes there is an error (or simplydisagrees with the disability percentage determination), they can file an appeal.

What is Dependency and Indemnity Compensation (DIC) and Who is Eligible toReceive It?

DIC is a benefit paid to the surviving spouse and/or dependent children of a veteran who dies from a serviceconnected disability. For a survivor to be eligible for Dependency and Indemnity Compensation (DIC), theveterans 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 fortraining.

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 aidand 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 asbestoscompanys bankruptcy trust fund when applying for VA Disability Compensation. The only time that the VA willbe concerned with money that you have received is if that money was given to you by the military for the samedisability that you are currently claiming. In other words, you cant double dip and receive compensation fromthe government twice for the same illness. The VA also will consider your financial situation when the benefit forwhich you are applying is based on your income level, such as VA Pension.

http://www.amvets.org/service/national_service_officers.htmlhttp://www.amvets.org/service/national_service_officers.htmlhttp://www.dav.org/veterans/NSOffices.aspxhttp://www.dav.org/veterans/NSOffices.aspxhttp://www.vfw.org/resources/vetservices/DSORoster2009.pdfhttp://www.vfw.org/resources/vetservices/DSORoster2009.pdfhttp://www.legion.org/members/locators/dsodirectoryhttp://www.legion.org/members/locators/dsodirectoryhttp://www.legion.org/members/locators/dsodirectoryhttp://www.vfw.org/resources/vetservices/DSORoster2009.pdfhttp://www.dav.org/veterans/NSOffices.aspxhttp://www.amvets.org/service/national_service_officers.html