Home   >   Questions & Answers  >  What Type of VA Disability Compensation Claim Can Veterans Injured by Asbestos Exposure File?

What Type of VA Disability Compensation Claim Can Veterans Injured by Asbestos Exposure File?


Lorem ipsum dolor sit amet, an sensibus mediocrem persequeris vis, quem contentiones ex quo, soleat soluta euismod et pro. Vix te adipisci percipitur, sumo simul patrioque ut vel. Et his utinam commodo, an qui numquam sensibus efficiendi, ipsum elitr eripuit ne vim. Qui at fugit similique. Reque convenire cum ea.

Because the health effects of asbestos inhalation or ingestion do not ensue immediately after exposure, veterans harmed by this carcinogenic mineral will have to file their VA compensation claim for post-service disability.

answered by Channika DeSilva Gonzalez

Diseases caused by asbestos exposure may take up to five decades to occur, which is why veterans can only claim post-service disability

The VA has numerous options when it comes to the type of claim a veteran can file to receive financial compensation for their disability. However, those who struggle with diseases caused by military asbestos exposure may apply only with a claim based on post-service disability. Since the inhalation or ingestion of asbestos fibers results in a disease in 10 to 50 years after exposure, veterans with diagnoses such as lung cancer, mesothelioma, pulmonary fibrosis, pleural plaques, or asbestosis meet the criteria of post-service VA disability compensation claims. Veterans whose health was affected by Agent Orange, mustard gas, or radiation, those who suffer from Gulf War Syndrome, as well as Prisoners of War, also meet the requirements.

Regardless of what type of disability compensation claim a veteran files, the VA will classify it as follows upon submission:

  • Original claim. Veterans who seek disability compensation for the first time file original claims.
  • Reopened claim. Sometimes, a veteran cannot be granted disability compensation after filing a claim due to failure to provide adequate evidence. If they do not appeal the VA’s decision within one year, their claim will be pending until they are able to submit additional proof. When the VA reviews the new evidence, the claim is referred to as a reopened claim.
  • New claim. A veteran may file a new claim for a VA benefit they may or may not have requested priorly. Unlike what reviewing a reopened claim entails, the VA’s decision will be taken based on entirely new evidence in this case, since no other proof has been submitted before.
  • Secondary claim. This type of claim is to be filed by veterans who already have a disability caused by military asbestos exposure and develop a second one, as well as by those whose initial disease has worsened over time. Following submission, they will receive additional compensation for their recent service-related disability.

Applying for VA disability compensation is a complex and time-consuming process, the more so when you suffer from a debilitating illness. Our lawyers, who have been handling primarily asbestos exposure cases since 1990, also provide assistance to veterans injured by this hazardous mineral. We will gladly take the burden of collecting evidence and preparing the necessary paperwork off your shoulders so that you can continue focusing on your wellbeing. If you would like to file a VA disability compensation claim, please contact us at 205.328.9200 and we will promptly help you.

Other Related Questions

Every asbestos case is unique and there are numerous factors which might influence the waiting time. Generally, asbestos claims will result in financial compensation within several months.

Read more

Secondary exposure occurs when a person is not in direct contact with a source of asbestos. It is equally dangerous as occupational asbestos exposure and can be either domestic or environmental.

Read more

The statute of limitations refers to the amount of time you have to file an asbestos claim after diagnosis. It varies between one and six years, depending on the state you live in.

Read more

Trust transparency laws have been enforced by some U.S. states to protect the legal system from fraud and abuse. Some argue that these laws make the process of recovering compensation more difficult for asbestos victims.

Read more

While inhaling asbestos fibers from old building materials can be as dangerous as occupational exposure, asbestos trust funds provide compensation mostly to former employees.

Read more

If multiple companies are at fault for your injury, you can file a claim with the asbestos trust funds of those which are under bankruptcy protection, as well as a lawsuit against those which are not.

Read more

No. Companies with asbestos trust funds are under bankruptcy protection, which means they are immune to lawsuits. However, you can recover compensation from their asbestos trust fund.

Read more

As diseases which occur as a result of asbestos exposure take decades to ensue, recalling the exact circumstances is rarely easy. Working with a lawyer specialized in asbestos cases is instrumental.

Read more

Yes. Farmers with crop insurance who used Syngenta's Agrisure Viptera GMO corn strain before September 15, 2013, meet the requirements of filing a claim whether they had crop insurance.

Read more

Yes. If the company at fault for your asbestos exposure went out of business, you can still take legal action. However, recovering the compensation you deserve might be problematic.

Read more

See more questions

Fatal error: Uncaught exception 'PDOException' with message 'SQLSTATE[42S22]: Column not found: 1054 Unknown column 'claims_blogs.claim_id' in 'on clause'' in /home/elglaw/public_html/administration/includes/classes/Orm.php:994 Stack trace: #0 /home/elglaw/public_html/administration/includes/classes/Orm.php(994): PDOStatement->execute(Array) #1 /home/elglaw/public_html/administration/includes/classes/Orm.php(387): ORM->_run() #2 /home/elglaw/public_html/administration/includes/classes/ActiveRecord.php(124): ORM->find_many() #3 /home/elglaw/public_html/frontend/default/layouts/default-layout.php(948): ORMWrapper->find_many() #4 /home/elglaw/public_html/page-controller.php(119): include('/home/elglaw/pu...') #5 /home/elglaw/public_html/index.php(25): require_once('/home/elglaw/pu...') #6 /home/elglaw/public_html/router.php(1301): include('/home/elglaw/pu...') #7 {main} thrown in /home/elglaw/public_html/administration/includes/classes/Orm.php on line 994