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Are You a Veteran Whose Asbestos Claim Was Rejected by the VA?

By Michael Bartlett

Posted on January 08th, 2019

Failing to collect enough relevant evidence of their injury is the main reason why veterans do not get their otherwise valid asbestos claim approved by the VA, which is often the consequence of misdiagnosis or a vaguely written medical report.

Due to the astounding prevalence of asbestos within the U.S. military between 1935 and 1975, numerous people who served the country during that period of time have come to suffer from terrible diseases several decades later. Today, approximately 4.2 million veterans receive disability compensation from the VA out of the entire veteran population of over 22 million individuals, thousands of whom became eligible for this benefit after being diagnosed with a disease caused by asbestos exposure, such as lung cancer or mesothelioma. Because the concentration of asbestos fibers they were constantly surrounded by was extremely high, veterans - particularly those who were in the Navy - account for 30% of mesothelioma patients in the U.S.

However, the process of applying for VA compensation is quite challenging, as reliable evidence concerning diagnosis needs to be submitted alongside the asbestos claim. In fact, proof is a key factor when it comes to filing asbestos claims, regardless of the institution they are going to be processed by. Unfortunately, failing to collect enough relevant evidence of their injury is the main reason why veterans do not get their otherwise valid asbestos claim approved by the VA, which is often the consequence of misdiagnosis or a vaguely written medical report.

Our Medical Experts Offer Free Asbestos Screenings to Veterans Who Need Medical Evidence

Having your asbestos claim rejected by the VA as a veteran who struggles with a disease caused by asbestos exposure is by no means uncommon, since they request you submit thorough proof of the illness you are suffering from along with it, which is nearly impossible to obtain by yourself. Because asbestos diseases are rare, the majority of specialists, including those at the VA medical centers, have a difficult time assigning a correct diagnosis to people who developed one. Lack of experience is a major culprit in such cases, as most experts who specialize in detecting lung disease have never encountered a single asbestos victim during their medical practice and thereby easily overlook the cause.

In order to have their asbestos claim approved by the VA, veterans need to provide a medical report which clearly states their disease and explains how it is related to military asbestos exposure. Therefore, if a veteran has a diagnosis which is the result of asbestos exposure but the evidence they submit does not mention anything concerning this causal relationship, the VA will not approve their claim. For this reason, the expertise of a specialist with vast experience in diseases caused by asbestos exposure is instrumental and will eventually grant veterans the money they deserve.

Get Screened by Specialists

Our law firm collaborates with pulmonologists and B-readers who specialize in identifying asbestos fibers in the lungs, which represent enough medical proof for the VA to approve your claim. If you are a veteran who intends to file a claim with the VA or whose asbestos claim has been rejected following submission, we will gladly help you benefit from the compensation you are entitled to. The only document you need to provide our specialists with is your most recent digital chest X-ray, after whose examination they will be able to tell with certainty whether asbestos fibers are present in your lungs and are, thus, the cause of your disease.

Should carcinogenic fibers be detected in your lungs, you will receive a report containing this essential information which will subsequently deem you eligible for receiving compensation from the VA. No additional medical tests will be necessary in such case, as the existence of asbestos fibers inside your body fully supports the cause of your illness by itself.

Veterans Injured by Asbestos Exposure Can Also Recover Compensation from Asbestos Trust Funds

Asbestos trust funds, which have been the primary source of compensation for victims of exposure and their families since 1988, also provide money to veterans. If you are a veteran diagnosed with any disease stemming from asbestos exposure which took place in the military, you can therefore recover money from one or more of these establishments as well, whether you already receive compensation from the VA or not. By filing a claim with the asbestos trust fund of the company whose products you were in contact with while on duty, you can legally benefit from money coming from two different sources at the same time. Our attorneys, who have been assisting asbestos victims since 1990, are eager to aid you in this endeavor, since they have significant professional experience with veterans. They can also help you file a disability compensation claim with the VA and apply for other VA benefits.

Similarly, the surviving family members of veterans who were struggling with a disease caused by military asbestos exposure can recover financial compensation from asbestos trust funds on behalf of their departed loved ones. We are dedicated to assisting victims of asbestos exposure and do not shy away from going to great lengths to recover the maximum compensation our clients are eligible for. Our team of legal experts will thoroughly evaluate your case and promptly begin to work on it in the event you qualify for money from one or multiple asbestos trust funds. Whether you are the spouse or another immediate family member of a veteran whose life was claimed by asbestos, do not hesitate to contact us at 205.328.9200.