Reasons why your VA claim might have been denied and how to get it accepted

By Michael Bartlett

Posted on January 08th, 2019

The main reason why veterans do not get their - otherwise valid - asbestos claims approved by the VA is failing to collect enough relevant evidence of their injury, which is often the consequence of misdiagnosis or a vaguely written medical report. The asbestos claims must be sustained by reliable evidence.

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

However, the process of applying for VA compensation is complex, and reliable evidence concerning diagnosis needs to be submitted alongside the asbestos claim. In fact, the 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. Additionally, the reasons that a VA claim is denied may also be:

  • Not having a clear diagnosis
  • Not having clear evidence that the injury is connected to service
  • Not having enough evidence of current disability symptoms

What do you need in order to have your claim accepted

If you are a veteran who struggles with an asbestos disease and you had your asbestos claim rejected by the VA, your situation is by no means uncommon, since the VA request you to submit thorough proof of the illness along with the claim, which is nearly impossible to obtain by yourself.

Because asbestos-related diseases are rare, the majority of specialists - including those at the VA medical centers - have a difficult time establishing the correct diagnosis. 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 asbestos dust exposure as a cause. In order to have your asbestos claim approved by the VA, you need to provide a medical report which clearly states your disease and explains how it is related to military asbestos exposure.

Therefore, if you have a diagnosis which is the result of asbestos exposure but the evidence you submit does not mention anything concerning this causal relationship, the VA will not approve your claim. For this reason, the expertise of specialists with experience in diseases caused by asbestos exposure is instrumental and will eventually grant you the money you deserve.

We can help veterans file claims for the following asbestos diseases that are recognized by the VA and will bring disability coverage:

Get screened for asbestos fibers 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 can help you get the payout you are entitled to. The only document you need to provide to our specialists is your most recent digital chest X-ray. After examining it, 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 deem you eligible for receiving compensation from the VA. No additional medical tests will be necessary in such a case, as the existence of asbestos fibers in your body fully supports asbestos exposure as the cause of your illness by itself.

Veterans can also recover compensation from asbestos trust funds

Our attorneys, who have been assisting asbestos victims since 1990, are eager to help you. We have significant experience working with veterans. We can help you file a disability compensation claim with the VA and apply for any other VA benefits.

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 that occurred in the military, you can recover money from one or more trusts 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.

To file a claim as a veteran, you will have to provide our resourceful attorneys with your military records, which you must retrieve, and your medical records. Our legal team will take care of the other necessary documents. 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 we go to great lengths to recover maximum compensation for our clients. Our team of legal experts will thoroughly evaluate your case and promptly begin to work on getting the payout you qualify for from one or multiple asbestos trust funds. Whether you are the spouse or another immediate family member of a veteran whose life was taken by asbestos cancer.