Mesothelioma Veterans Benefits
If you were exposed to asbestos while serving in the United States military and subsequently developed an asbestos-related illness, you may qualify for veterans’ benefits through the Department of Veterans Affairs. VA benefits include monthly disability compensation, free mesothelioma treatment, and monthly pension payouts for those with limited income. Contact us today at the Lanier Law Firm if you have questions about your VA claim.
Legally Reviewed By: Kevin LaMarca
Senior Attorney | Mesothelioma & Asbestos
- Page Last Updated:
- April 11, 2024
Legally Reviewed By: Kevin LaMarca
Senior Attorney | Mesothelioma & Asbestos
- Page Last Updated:
- April 11, 2024
Types of VA Benefits Available to Veterans with Mesothelioma
VA Disability for Mesothelioma
VA Pension Benefits for Mesothelioma
Aid & Attendance for Veterans with Mesothelioma
VA Housebound Benefits for Veterans with Mesothelioma
VA Benefits for Families of Veterans with Mesothelioma
If I Recover Proceeds in a Mesothelioma Lawsuit, Will My VA Benefits Be Affected?
Can I sue the military for my service-connected asbestos exposure?
Eligible military veterans are entitled to receive VA benefits if asbestos exposure in the military causes mesothelioma, lung cancer, or asbestosis. Veterans in all branches have a heightened risk of asbestos exposure compared to civilians.
Asbestos exposure in the Navy accounts for the heaviest military asbestos exposure due to the significant use of asbestos on Navy ships. Asbestos exposure in the Coast Guard was significant for the same reasons.
Army personnel and Marines experienced heavy asbestos exposure on foreign lands when buildings and structures containing asbestos exploded or were demolished. Heavy asbestos exposure in the Army also occurred in army barracks at home and abroad. Asbestos exposure in the Air Force was common for airplane mechanics working with friction parts, brakes, and engines.
Veterans who served in any of these branches and contracted mesothelioma may be eligible for veterans’ benefits to cover health care costs and provide an income. If you served in the Reserves or National Guard, you may also be eligible if you were called to active duty and developed an asbestos-related illness.
Our experienced mesothelioma lawyers can determine which benefits you qualify for and advise you on filing a mesothelioma VA claim.
Types of VA Benefits Available to Veterans
with Mesothelioma
The benefits available to veterans with mesothelioma or other asbestos-related illnesses include the following:
- VA disability compensation
- VA pensions for veterans with limited income and resources
- Aid & Attendance or Housebound Benefits for veterans receiving VA pensions
- Free medical treatment without deductibles
- Survivors benefits for families when veterans die of asbestos-related illnesses
VA Disability for Mesothelioma
VA Disability is a monthly tax-free payment for eligible veterans with disabilities stemming from their military service. These are known as service-connected disabilities. You may be eligible if you are diagnosed with an asbestos-related illness and can prove you were exposed to asbestos while serving on active duty or participating in active or inactive duty training.
You will also need a disability rating, which is a measurement of how disabled you are as a result of your military asbestos exposure. Disability ratings range from 10 to 100 percent, with higher ratings yielding more compensation. The VA will assign your disability rating while processing your claim. If your disability rating is 30 percent or higher, you can receive additional compensation if you have dependents.
The amount you receive is adjusted annually at the same rate as the cost-of-living adjustment for Social Security recipients. The table below shows the 2024 VA Disability compensation amounts for veterans with 30 percent and 100 percent ratings:
| Family Status | 30 Percent | 100 Percent |
|---|---|---|
| Single veteran with no dependents | $524.31 | $3,737.85 |
| Married veteran | $586.23 | $3,946.25 |
| Married veteran with a dependent child | $631.64 | $4,098.88 |
| Single veteran with a dependent child | $565.59 | $3,877.22 |
| Each additional dependent child under 18 | $100.10 | $103.55 |
| Dependent children over 18 attending college | $100.10 | $334.49 |
| Additional compensation if a spouse is disabled | $57.79 | $114.55 |
If you are diagnosed with mesothelioma or asbestos-related lung cancer, you will generally receive a disability rating of 100 percent. If you are diagnosed with asbestosis or have severe pleural effusions that impact breathing, you may receive a disability rating ranging from 10 to 100 percent, depending on the severity.
VA Pension Benefits for Mesothelioma
A VA pension is a need-based payment awarded to wartime veterans with limited income and assets. VA pensions are paid monthly.
Your monthly payment is calculated using only your countable annual income. The Maximum Annual Pension Rate, or MAPR, is the highest compensation available. This amount varies based on how many dependents you have, as shown below:
| Family Status | Maximum Annual Pension Rate |
|---|---|
| No dependents | $16,551 |
| Spouse or child | $21,674 |
| Each additional child | Add $2,831 |
If your medical expenses exceed five percent of your income, the excess amount is deducted from your annual income. Once the VA calculates your countable income, the following formula is used to calculate your monthly payout:
- The MAPR minus your countable annual income = Your annual pension rate
- Your annual pension rate divided by 12 = Your monthly payout
Eligibility Requirements for VA Pension Benefits
To qualify for a pension, you must have served at least one day during wartime, have limited resources, and meet at least one of the following criteria:
- You are at least 65 years of age
- You have a permanent and total disability
- You are a patient in a long-term care facility due to a disability
- You receive Social Security Disability or Supplemental Security Income
You do not have to have a service-connected disability to qualify for the VA pension. Veterans with service-connected mesothelioma who have a 100 percent disability rating will typically not qualify for the pension program because the disability income will exceed the VA pension income limits.
However, if you have another asbestos-related illness with a lower disability rating, your disability compensation will likely be lower, and you may still qualify for a VA pension. You may also be able to receive a VA pension while waiting for your disability claim to be approved.
VA Pension Income Limits
For you to qualify for a VA pension, your household’s net worth must be lower than the limit established by Congress. This limit changes every year. The net worth limit effective from December 1, 2023, until November 30, 2024, is $155,356. The VA uses the following formula to calculate your net worth:
Assets + annual income = your net worth.
- Real estate you own
- Stocks
- Bonds
- Furniture
- Boats
Your primary residence, automobile, and basic household items like appliances are not counted. Mortgages on real property are deducted from your net worth.
Annual income includes wages, commissions, tips, retirement income, annuity payments, business income, and rental income. When calculating your monthly income, the VA deducts educational and medical expenses you pay out of pocket from your income.
VA Pension Wartime Service Requirement
To qualify for a VA pension, you must have served for at least 90 days of active duty before September 8, 1980, at least 24 months of active duty after September 7, 1980, or served as an officer and started active duty after October 16, 1981, without having previously served on active duty for at least 24 months.
You must have served at least one day during one of the following wars:
- World War II: December 7, 1941, to December 31, 1946
- Korean conflict: June 27, 1950, to January 31, 1955
- Vietnam War era: November 1, 1955, to May 7, 1975
- Gulf War: August 2, 1990, through a future date set by Congress or Presidential proclamation
Aid & Attendance for Veterans with Mesothelioma
Aid & Attendance is an additional monthly payment to veterans and widows of veterans who are eligible to receive VA pensions and require assistance with daily activities. To qualify, you must meet the eligibility requirements to receive a VA pension and meet the following clinical criteria:
- Bedridden other than medical treatment and therapy
- Severe visual impairment with corrected vision of 5/200 or worse or a diagnosis of concentric contraction with a visual field of five degrees or less
- Live in a nursing home due to physical or cognitive disabilities
- Require assistance with some activities of daily living, such as dressing, bathing, and toileting
If you qualify, an extra $921.25 to $921.50 will be added to your monthly payment amounts.
VA Housebound Benefits for Veterans with
Mesothelioma
Housebound benefits are a monthly allowance payable to veterans and widows of veterans who qualify for VA pensions and have at least one of the following:
- A permanent disability rated as 100 percent disabling, which forces you to remain at home most of the time
- A single, permanent disability rated as 100 percent disabling, and at least one other disability rated as 60 percent or higher
If you qualify for housebound benefits, the VA will add $306 monthly to your VA pension payment. You cannot receive Housebound benefits if you receive Aid and Attendance.
VA Benefits for Families of Veterans with
Mesothelioma
A mesothelioma diagnosis can be sudden, and it affects the entire family. The VA provides benefits to families and caregivers of mesothelioma patients who provide care to people with mesothelioma and also to surviving family members after a veteran passes away from mesothelioma.
Dependency and Indemnity Compensation
Dependency and Indemnity Compensation, or VA DIC, is a tax-free monthly payment to the surviving spouse, child, or parent of an eligible veteran who died from a service-connected illness, including mesothelioma and other asbestos-related illnesses. To qualify, you must prove that the veteran was diagnosed with an asbestos-related illness before death and was exposed to asbestos while serving in the military.
The payment amount varies based on your relationship to the veteran, the number of dependents, how long the veteran lived after being diagnosed, and whether you are also disabled. The amount you receive is adjusted annually according to the cost-of-living allowance set by Social Security.
The base monthly benefit for a surviving spouse is $1612.75. This amount may be raised under the circumstances described in the table below.
| Your Circumstance | Added Monthly Benefit |
|---|---|
| The veteran had a 100 percent disability rating for at least eight years, and you were married during the same eight years. | The eight-year provision benefit of $342.46 |
| You are disabled and require assistance with daily activities. | Aid and Attendance benefit of $399.54 |
| You cannot leave your home due to a disability but do not qualify for Aid & Attendance. | Housebound allowance of $187.17 |
| You have children under the age of 18. | Transitional benefit of $342 for the first two years and $399.54 per child |
Surviving children are also entitled to receive VA DIC in certain circumstances. This amount varies based on whether there is also a surviving spouse.
| Circumstances | Monthly benefit if there is a Surviving Spouse | Benefit in the Absence of a Surviving Spouse |
|---|---|---|
| Disabled child over 18 with a disability that began before turning 18 | $680.94 | $680.94 |
| Ages 18 to 23 and enrolled in a qualifying school program | $338.49 | $680.94 |
| Under 18 | $0 | $680.94 |
If there are multiple qualifying children and no surviving spouse, the amount each child receives decreases based on the total number of dependent children. For example, if there are two dependent qualifying children, each is eligible for a monthly payout of $489.79. If there are three, the amount per child is $426.09.
VA Survivors Pension
The VA survivors’ pension is a monthly tax-free payment the VA provides to the surviving family members of eligible wartime veterans who have died, whether or not service-connected disabilities caused the deaths. Surviving family members may be eligible if the veteran served at least one day of active duty during the same wartimes designated for the veterans’ VA pension program.
In addition, the surviving family’s net worth must be equal to or less than $155,356. This amount is the total of your assets combined with your annual income. If you qualify, your monthly payment is the difference between the Maximum Annual Payment Rate and your countable annual income divided by twelve.
The Maximum Annual Payment Rate for families varies by family member. It also depends on whether you are disabled and whether there are additional qualifying dependents, as shown in the table below.
| Your Circumstance | Maximum Annual Payment Rate |
|---|---|
| Spouse with no dependent children | $11,102 |
| Spouse with dependent child | $14,529 |
| Housebound spouse without dependent children | $13,568 |
| Spouse with Aid & Attendance and no dependent children | $17,743 |
| Housebound spouse with dependent child | $16,989 |
| Spouse with Aid & Attendance and dependent child | $21,166 |
| Spouse with more than one dependent child | Add $2,831 per additional child |
| Qualified surviving child | $2,831 |
If a dependent child works, the first $14,600 of the child’s income is not included in the household income.
VA Health Care Through CHAMPVA
Family members of veterans who are disabled or deceased may qualify for the Civilian Health and Medical Program of the Department of Veterans Affairs, better known as CHAMPVA. This cost-sharing program covers some of your medical expenses.
A diagnosis of mesothelioma or another asbestos-related illness may qualify your family for CHAMPVA if at least one of the following is true:
- You are the spouse or child of a living veteran who is permanently and totally disabled as a result of a service-connected asbestos-related illness.
- You are the surviving spouse or child of a veteran who died from a service-connected asbestos-related illness.
- You are the spouse or child of a deceased veteran who had a 100 percent disability rating for a condition that was not expected to improve at the time of death, such as mesothelioma, lung cancer, or asbestosis.
VA Health Care 2024 Update
On February 26, 2024, the VA announced it is expanding VA health care to all veterans exposed to toxins or other hazards during their service. Under the old rules, veterans could only receive VA health care if they were diagnosed with a service-connected illness and were eligible for VA disability compensation.
As of March 5, 2024, millions of veterans previously unable to access VA health care can enroll without the need to apply for benefits. This includes veterans who may have been exposed to asbestos, whether or not they have been diagnosed with an asbestos-related illness.
This expansion applies to veterans who served in the following:
- Vietnam War
- Gulf War
- Iraq
- Afghanistan
- The Global War on Terror
- Any combat zone after 9/11
The reform also applies to veterans who were never deployed but were exposed to toxins and hazards in the United States during active duty or training.
The VA has some of the leading doctors in the nation for mesothelioma care. This announcement means you no longer have to wait for your disability benefits to be approved to start treatment for your asbestos-related illness through the VA.
Funeral & Burial Reimbursement
The VA provides a burial allowance for all deceased veterans. The families of veterans who had service-connected mesothelioma can receive a burial allowance of $2,000. If the veteran is buried in a VA national cemetery, there is no cost for the gravesite. The family may also be reimbursed for some or all of the costs of transporting the remains.
Burial in a national cemetery is contingent upon available space. The following burial benefits are also provided at VA national cemeteries free of charge:
- Opening and closing of the grave
- A government headstone, marker, or medallion
- A burial flag
- A Presidential Memorial Certificate
- Perpetual care
- Name and date of birth inscribed on the headstone
Spouses and dependent children can be buried with a veteran at no cost. This benefit includes headstones, markers, inscriptions, and perpetual care. Memorial items may also be available in private cemeteries, including headstones, inscriptions, burial flags, and medallions.
All veterans are also entitled to receive military funeral honors at no cost to the family, recognizing their service and sacrifice. This includes the presentation of a U.S. flag and the playing of Taps. The Department of Defense provides the funeral honors.
VA Health Care
Eligible veterans can receive comprehensive health care coverage through the VA, which includes preventive, primary, and specialty care. Veterans with mesothelioma, lung cancer, or other asbestos-related conditions may qualify for free health care with no co-pays.
VA Health Care Covered Services
VA health care covers the full range of mesothelioma treatment for veterans who experienced asbestos exposure in the military, including the following:
- Pleurectomy and decortication
- Pneumonectomy
- Chemotherapy
- Radiation
- Immunotherapy
- Emergency care
- Home health care
- Mesothelioma drugs
- Diagnostic tests
- Hospice care
- Holistic and alternative mesothelioma treatment
VA Medical Centers throughout the United States provide free health care. A few VA Medical Centers have specialized mesothelioma treatment centers. You may be able to receive coverage for treatment at outside mesothelioma treatment centers that have contracts with the VA, but you will need pre-approval.
Covered Holistic and Alternative Care
The VA provides coverage for an increasing number of alternative health care methods that may augment your mesothelioma treatment. Alternative treatments typically aim to reduce pain and increase your comfort level as you cope with mesothelioma.
Alternative mesothelioma treatment includes acupuncture, massage therapy, and medication. These treatments are available through some VA medical centers and mesothelioma specialty treatment centers.
Transportation & Travel Benefits
Veterans Transportation Services is a program offered by participating VA medical centers that provides rides to medical treatment when your illness prevents you from providing your own transportation. This includes rides to appointments at the VA and authorized appointments outside the VA.
The VA networks with federal, state, and local contractors to provide this program, and availability varies by geography. The guidelines and procedures vary based on the available resources in your local area.
If you need to travel a long distance to access specialized mesothelioma treatment, you can receive reimbursement for travel, approved meals, and lodging costs associated with approved treatment. This option is generally available when you cannot access mesothelioma treatment locally.
Caregiver Support
The VA recognizes that caregivers of mesothelioma patients can experience declines in their own mental and physical well-being while providing care, especially as the disease progresses, resulting in an increasing burden of care.
In response, the VA provides support and resources to caregivers of people with mesothelioma and other asbestos-related illnesses through two programs: the Program of General Caregiver Support Services, or PGCSS, and the Program of Comprehensive Assistance for Family Caregivers, or PCAFC.
Both programs provide skills training, mobile support, mentoring, respite care, and referrals to local resources. The PCAFC program also provides enhanced support to caregivers, including a monthly stipend, health insurance through CHAMPVA, and travel benefits.
To qualify for either program, you must be a caregiver who provides personal care services to a veteran enrolled in VA health care who needs assistance with daily activities. The PCAFC program requires caregivers to be relatives or live with the veteran. They must undergo caregiver training. The PGCSS program does not have these requirements.
VA Medical Centers Specializing in Mesothelioma Care
Mesothelioma is a rare cancer with which general oncologists often have limited experience. Several VA medical centers are well-known for mesothelioma specialty programs, including the following:
- Atlanta VA Health Care System
- Michael E. DeBakey VA Medical Center in Houston
- VA Comprehensive Mesothelioma Center in Los Angeles
- Brigham and Women’s Hospital in Boston
What Are VA Health Care Priority
Groups?
The VA assigns all veterans receiving VA health care to a priority group. Priority groups are classifications that determine which services you are eligible for and your share of the costs. The VA has eight priority levels, with veterans assigned to Priority Group 1 receiving the highest level of service with the lowest costs.
Your priority group is determined based on your service history, disability rating, and income. If your disability rating is 50 percent or higher, you will be assigned to Priority Group 1. If you have mesothelioma, you will generally be assigned to Priority Group 1 due to having a 100 percent disability rating.
Veterans in Priority Group 1 receive 100 percent coverage for health care, diagnostic tests, and medications without copays or deductibles.
Can I Use VA Health Care with My Own Insurance?
Yes, you can use your private insurance with your VA benefits.Private insurance can cover any care you elect that the VA does not cover.
The VA will bill your private insurer or Medicare and, in many cases, pay all remaining costs. VA health benefits can help offset any deductibles applicable to your private coverage. Having private insurance does not impact your VA health care benefits.
If I Recover Proceeds in a Mesothelioma Lawsuit, Will My VA Benefits Be Affected?
Your service-connected health care and disability benefits will not be affected by the proceeds you receive in a lawsuit. These programs are tied to your disability rating, not your income. However, your income and net worth do factor into your eligibility for a VA pension, so lawsuit proceeds could potentially reduce or eliminate your VA pension.
Can I sue the military for my service-connected asbestos exposure?
You cannot sue the military, the U.S. government, or the VA, but you can bring an action against private companies that sold asbestos-containing products to the military. The experienced mesothelioma lawyers at The Lanier Law Firm specialize in holding large companies accountable for harming individuals.
Contact Us Today to Learn More About VA Benefits
If you are a veteran who has been diagnosed with mesothelioma or another asbestos-related illness, we can provide legal advice and answer your questions about filing a VA claim. We can also help you identify additional sources of compensation.
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