Veterans and Mesothelioma: A Look at Their Rights

In the selfless service of our country, many veterans have been exposed to hazardous material, such as asbestos, while in the line of duty. Sadly, many of those impacted were not aware of such risks and now bear the burden of a rare and aggressive cancer—mesothelioma.

As a veteran with mesothelioma, you have rights that deserve to be protected, and you don’t have to go through this challenging experience alone.

At Morgan & Morgan, we stand by our veterans and fight to protect their rights. From navigating the healthcare system to processing claims through the VA, we understand the difficulty many veterans face, and our attorneys are here to help.

If you or someone you loved were exposed to asbestos while you served, contact Morgan & Morgan today to learn more about your legal options. Hiring one of our attorneys is easy, and you can get started in minutes with a free case evaluation.

How Veterans May Get Exposed to Asbestos 

Many veterans were exposed to asbestos during military service. These cases were far too common among those serving between the 1930s and 1970s—a time when asbestos use in the United States, particularly in the military, was widespread.

Navy veterans had some of the highest exposure risks, with asbestos present in shipbuilding, insulating pipes, boilers, and other equipment.

Some US Army, Air Force, and Marine Corps members also encountered asbestos. These cases were widespread among those involved in vehicle maintenance, aircraft repair, or construction.

Sadly, it seemed impossible to avoid asbestos exposure while serving the country. No one was safe; even barracks and military housing built with asbestos-containing materials posed a risk.

Asbestos was also present beyond the battlefields. Veterans working with construction materials in peacetime or military hospitals where asbestos was used in ceilings, floors, and insulation were also at risk of exposure.

Even worse, no one informed our veterans and their families about the dangers of asbestos exposure. That explains why many victims only became aware of the risks decades later, after their mesothelioma diagnosis.

Veterans with Mesothelioma Have Rights 

Veterans who’ve been diagnosed with mesothelioma have rights that deserve protection and recognition. These rights include but are not limited to:

The Right to Access to VA Healthcare Benefits 

The right to access healthcare benefits offered by the VA for mesothelioma patients covers medical treatments related to asbestos exposure during service. This includes access to diagnostic services, ongoing medical care, and supportive therapies. 

Eligibility for VA Disability Compensation 

Mesothelioma is often rated as a 100% disability because of how life-changing such a diagnosis can be. This means that veterans can receive the maximum amount of monthly compensation they may be entitled to. This financial support helps cover essential living expenses and offers relief from some of the financial strain associated with the disease.

Right to Appeal VA Claim Denials 

Since mesothelioma has a long latency period, the VA may challenge and then deny your claim for compensation. They could argue that there’s insufficient proof that you or a loved one was expected to asbestos while serving in the military. 

That claim alone can further complicate such a case. However, that doesn’t mean the fight is over.

If the VA denies your initial claim for mesothelioma benefits, you have the right to file an appeal. An experienced attorney may be able to review your application, identify the reason for denial, and appeal the decision on your behalf.

Right to Pursue Claims Against Asbestos Manufacturers 

In addition to VA benefits, veterans with mesothelioma have the legal right to pursue separate claims against asbestos manufacturers. This is especially relevant if the asbestos exposure occurred through products used during or after service.

Your attorney can help determine whether you may have a valid case against the manufacturer or any other party. If you do, your pursuit for compensation from the third party won’t affect your eligibility for VA benefits

Right to Access Specialized Mesothelioma Treatment

Mesothelioma is an aggressive type of cancer. For this reason, most patients, including veterans who’ve been diagnosed with this disease, need specialized treatment.

The good news is that the VA partners with top cancer centers across the country and provides referrals to ensure veterans have access to leading mesothelioma specialists. These specialized treatment options give veterans the care they deserve for the sacrifices they’ve made for our families and country.

Common Reasons for Mesothelioma Claims Denials by the VA 

The VA denies most claims for benefits. That’s just the sad truth. The reasons for denial vary from case to case, but the most common include:

• Incomplete medical records showing asbestos-related illness.
• Lack of documented evidence proving asbestos exposure during service.
• Having received a dishonorable discharge

If your claim is denied, don’t give up. With assistance from a qualified attorney, you may be able to file a successful appeal.

How Morgan and Morgan Can Help 

At Morgan and Morgan, we have a proven reputation for fighting For the People, including veterans. Our vets have selflessly fought for our rights and freedoms, and they deserve the care they need during these difficult times.

If the VA has denied you or a loved one’s claim for compensation, we might be able to help. Get in touch with us today to get started with a free, no-obligation case evaluation.