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Will Filing a Claim with Asbestos Trust Funds Affect My VA Disability Benefits?

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Veterans are eligible for financial compensation from both asbestos trust funds and the VA. Therefore, filing a claim with one or multiple asbestos trust funds will not affect your right to VA disability compensation.

answered by Channika DeSilva Gonzalez

When reviewing your claim, the VA will base their decision only on your disability level

No. If military asbestos exposure is responsible for your disability, you can successfully apply for VA benefits such as disability compensation or health care, regardless of whether you currently receive money from asbestos trust funds. When assessing your eligibility for disability benefits, the VA takes into consideration only your disability level, which can range between 0% and 100%, according to their criteria. Thereby, your income and assets cannot influence their decision.

As a veteran, you have the legal right to both seek financial compensation from asbestos trust funds and apply for VA disability benefits. The only concern of the VA, financial-wise, is to prevent veterans from claiming compensation multiple times for the same illness, a practice which is colloquially known as double-dipping. Therefore, you can rest assured that the money you receive from asbestos trust funds will not affect the VA’s decision with regard to your disability claim.

Are you struggling with COPD, pulmonary fibrosis, or lung cancer as a result of military asbestos exposure? With over 25 years of experience in asbestos litigation, our attorneys also provide quality legal assistance to veterans who intend to file a VA disability compensation claim. Our experts will conduct extensive research to gather reliable evidence for your asbestos claim so that you will receive the maximum amount of compensation you are eligible for in the shortest time possible. For more information, please feel free to contact us at 205.328.9200.

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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.

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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.

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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.

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

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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.

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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.

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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.

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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.

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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.

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The victims of secondary asbestos exposure are also eligible for compensation. Although the legal process is more challenging, a lawyer specializing in asbestos cases will be able to help you greatly.

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