Service Connection for Diseases Associated with Exposure to Asbestos
Posted by Gregory M. Rada | September 27, 2021 | Disability Compensation, Health Benefits, State Veteran Benefits
Winning a claim for service connection for asbestos-related diseases can be difficult due to the need to prove you were exposed to asbestos. Proving asbestos exposure to receive disability compensation benefits can be a complicated process that is likely to be daunting in the face of the health concerns you’ve been forced to deal with.
Proving In-Service Exposure to Asbestos
Navy veterans are the most likely to have been exposed to asbestos in service due to the extensive use of asbestos aboard Naval ships. Because of this, the VA maintains a list of Naval military occupational specialties (MOSs) and their probability of exposure to asbestos. The probability levels range from minimal to highly probable. If your MOS is listed, the VA is required to “concede exposure to asbestos for purposes of scheduling an examination,” regardless of the level of probability.
If a veteran did not serve in one of the listed Naval MOSs or served in a branch other than the Navy, then they are required to prove exposure to asbestos through other evidence, such as DoD documents, buddy statements, pictures, or any other type of evidence showing the veteran was exposed to asbestos in service. When determining whether a veteran was exposed, VA must note that “exposure may have been direct or indirect, [and] the extent and duration of exposure is not a factor” to be considered.
Diseases Associated with Exposure to Asbestos
There are many medical conditions associated with exposure to asbestos, and the VA recognizes conditions may not manifest until 10-45 years after exposure. VA’s non-exhaustive list of diseases related to asbestos includes:
- Fibrosis (to include interstitial pulmonary fibrosis, or asbestosis)
- Tumors
- Pleural effusions
- Pleural plaques
- Mesotheliomas of pleura and peritoneum
- Cancers of the lung
- Bronchus
- Gastrointestinal track, larynx, pharynx, and urogenital system (except the prostate)
- Cor pulmonale and heart disease
Reach out to an Experienced Veterans Benefits Attorney Today
Greg Rada at Gregory M. Rada, Attorney at Law, After Service LLC, is a veteran himself and a practiced veterans benefits attorney proudly serving the needs of veterans nationwide. Mr. Rada is committed to skillfully advocating for the benefits to which you are entitled, so please don’t wait to contact or call him at 844-838-7525 for more information today.
Veterans Benefits FAQ
Can I handle my claim myself?
It is usually best to use an experienced veterans benefits attorney while you focus on your health and well-being.
What makes asbestos claims so complicated?
It can be difficult to prove your actual exposure to asbestos if you do not have a qualifying Naval MOS. In addition, asbestos illnesses have a very protracted latency period, which means that attendant symptoms and diagnosis often come long after military service.
How do I demonstrate that the exposure is based on my time in the military?
If you do not have a listed Naval MOS, then you must use any other types of evidence to prove exposure such as military documents, buddy statements, or even pictures from service.
