Navy Veterans and Mesothelioma | Compensation and Benefits (2023)

FAQs

Navy Veterans and Mesothelioma | Compensation and Benefits? ›

Navy veterans with mesothelioma can file for monthly compensation, health care, specialized treatment and asbestos trust funds. VA claims, in the form of either Disability Compensation or Pension, provide financial assistance for Navy veterans who have this cancer.

As a veteran with mesothelioma, you may be eligible for 100% disability compensation. This compensation is available through the U.S. Department of Veterans Affairs. You may also qualify for health care services and monthly payments. If you are the surviving spouse of a veteran, you may also be eligible for benefits.

The VA offers disability compensation to veterans with asbestos-related diseases such as mesothelioma, lung cancer and asbestosis. This compensation can be used to cover medical expenses and other costs incurred because of the diagnosis. The amount of compensation depends upon the severity of the diagnosis.

If you have a health condition caused by contact with asbestos during your service, you may be eligible for VA disability compensation. Compensation provides tax-free monthly payments.

Anyone diagnosed with mesothelioma due to asbestos exposure is likely eligible to receive compensation. Forms of payment include settlements, which avoid trials. A wrongful death lawsuit can be filed in the case of a loved one's death due to mesothelioma.

Mesothelioma and asbestos lung cancer have a 100% disability rating. Compensation rates are often adjusted annually. In 2021, veterans with mesothelioma who do not have dependents may receive about $3,100 each month. Having dependents or a spouse also requiring aid may increase this amount.

Mesothelioma benefits and financial help

People with mesothelioma may be entitled to Industrial Injuries Disablement Benefit. Compensation from you or your spouse's employer – this may be your current employer or a former one who was linked to your exposure to asbestos.

Families can seek compensation through an asbestos lawsuit after a loved one dies from an asbestos-related illness. Evidence of exposure is necessary for a wrongful death claim, with varying time limits by state. An experienced mesothelioma attorney can help you.

Imaging Tests for Mesothelioma Diagnosis

Imaging tests use x-rays, radioactive particles, or magnetic fields to determine the cause of symptoms that may be signs of mesothelioma. These tests may also be used to indicate how far the cancer has spread, and to help determine if treatment has been effective.

Navy veterans may receive compensation benefits by filing a VA claim. For veterans with mesothelioma or lung cancer, VA disability compensation payments start at about $3,100 each month. Navy veterans may also pursue compensation by filing a lawsuit against companies that supplied the military with asbestos products.

What is the VA percentage for asbestos? ›

VA Disability Ratings for Asbestosis

Mesothelioma and lung cancers caused by asbestos are rated at 100%. Noncancerous illnesses, like asbestosis, can be rated anywhere between 0 to 100 percent.

According to IARC, there is sufficient evidence that asbestos causes mesothelioma (a relatively rare cancer of the thin membranes that line the chest and abdomen), and cancers of the lung, larynx, and ovary (8).

Proving Military Asbestos Exposure

The VA considers such asbestos-related cancers including mesothelioma to be 100% disabling. If a diagnosis is service-connected, the veteran is entitled to disability compensation.

The average mesothelioma case value is between $1 million and $2 million for settlements, and up to $5 million for a trial verdict, according to Mealey's Litigation reports. Case values for trust fund claims can reach into six figures.

Mesothelioma lawsuit settlements average between $1 and $1.4 million, although individual payments may be much higher. The largest asbestos settlement amounts are over $10 million. Payouts to individuals may vary based on disease severity, work history and other factors.

Important Facts About Mesothelioma Settlements

Patients can maintain their privacy. The average settlement amount is around $1 million. The amount of asbestos exposure affects the settlement payout.

Disabling mental health conditions are generally regarded as “high-value” claims. This is because mental health issues are much more likely than neurological, skin, auditory, or most musculoskeletal conditions to receive a disability rating of 30% or higher.

Though rare among cancers, mesothelioma is the most common result of exposure to asbestos in the military. Any veteran who is diagnosed with an asbestos-related disease as a result of their military service may be eligible for medical and financial benefits.

A veteran can receive a temporary 100% rating when they are hospitalized for 21 or more days for a service-connected condition. A veteran can receive a 100% rating if they are having surgery for a service-connected condition and will require an extensive recovery time that limits their mobility.

Mesothelioma Survival Rate – The mesothelioma survival rates is typically 4–18 months after diagnosis, but there have been patients diagnosed with mesothelioma who have lived longer than 10 years. The current five-year survival rate for the disease is just 10 percent.

Is mesothelioma a terminal illness? ›

Mesothelioma is an aggressive cancer that typically spreads rapidly and is mainly considered incurable. This means that for most patients, it is terminal. Some people may live with cancer for a few years, and some may even go into remission, but the general prognosis is poor.

Prognosis and life expectancy also differ between asbestosis and mesothelioma. Mesothelioma cancer treatment is challenging, and only 23% of patients survive for three or more years. Asbestosis is a chronic respiratory condition and, although also incurable, treatment can prolong survival for several decades.

Despite remission, mesothelioma recurs for all patients who undergo treatment. This happens because removing or killing every cancer cell is impossible. The remaining cancer cells eventually form tumors again.

Despite the risks, a successful pneumonectomy (or extrapleural pneumonectomy) can greatly improve the quality of life for mesothelioma patients by reducing the debilitating symptoms of their disease, while adding several months — and sometimes years — to their lives.

Doctors are able to find evidence of mesothelioma through blood tests. However, mesothelioma cancer requires a series of tests for an accurate diagnosis. There are various types of blood tests, called MESOMARK assay, N-ERC/Mesothelin, and Fibulin-3.

Unfortunately, it's not possible to cure mesothelioma, although treatment can help control the symptoms.

Mesothelioma is a cancer that usually starts in the layers of tissue that cover each lung (the pleura). This is called pleural mesothelioma. More rarely it can start in the peritoneum. The peritoneum is the layer of tissue that covers the organs in your tummy (abdomen).

Can a Civilian Sue the Military? Service members cannot sue the military under the Federal Tort Claims Act while still in active duty, and in some cases, even after they become civilians. The exception is when the wrongful conduct occurred while they were currently in civilian or retired status.

Military Pay Claims at the U.S. Court of Federal Claims

Federal law allows you to sue the U.S. government for payment of money as a result of the wrongful discharge, improper retirement, denial of promotion, service-related disability, and incorrect military records under some circumstances.

Does the Navy still use asbestos? ›

Asbestos Remained On Ships

Fewer products containing asbestos are found in Navy ships and shipyards today. But, despite growing public and governmental awareness, asbestos is still permissible if no other alternative is available. The Navy has taken action to remove existing asbestos from its ships.

Mesothelioma Settlements & Verdicts. Mesothelioma settlements are financial compensation for those who have been affected by asbestos exposure. The average mesothelioma settlement is between $1 million and $2 million. Asbestos settlement amounts depend on the severity of the case and amount of asbestos exposure.

Monthly VA Benefits at a 60% Disability Rating

Currently, the monthly VA disability benefit for a veteran with a 60% disability rating and no dependents is $1,319.65. That amount may increase if the veteran has eligible dependents.

Exposure to asbestos can be a serious health risk if asbestos-containing material is disturbed in such a way that the particles and fibers become airborne. Symptoms of asbestos-related diseases, such as shortness of breath, coughing, and chest pain, often do not appear until 20 to 50 years after the exposure.

In addition to lung cancer and mesothelioma, asbestos exposure can also cause cancer of the larynx and ovary. Current evidence also suggests asbestos exposure may cause cancer of the pharynx, stomach, and colorectum. People concerned about asbestos exposure should visit their doctor or other medical provider.

Average asbestos-related lung cancer life expectancy is 16.2 months. An asbestos-related lung cancer prognosis is best determined by a lung cancer specialist. You may be able to improve your prognosis through treatments such as surgery, chemotherapy and immunotherapy.

Key Facts About Mesothelioma

The four types of mesothelioma are pleural, peritoneal, pericardial and testicular. Out of all people with heavy, prolonged exposure to asbestos, 8% to 13% develop mesothelioma. Research shows no amount of asbestos exposure is safe.

A 90 percent rating, though, is generally assigned in instances where the condition is particularly severe and a 100 percent rating indicates that the veteran is completely disabled. As of December 1 of this year, 2021, veterans with a 90 percent rating will receive almost $2,000 a month, it's $1,998.52 per month.

As of December 1, 2021, veterans with a 70 percent VA disability rating receive $1,663.06 per month in VA compensation. This monetary benefit is tax free at both the federal and state levels. The exact amount of compensation may increase or decrease each year depending on the cost-of-living adjustment (COLA).

The time it takes to receive mesothelioma payouts is different for each individual case. Verdict payouts may take several months to a year, and settlements may pay out quicker depending on when the case settles. Asbestos trust funds typically pay out within a few months.

Do you pay taxes on mesothelioma settlements? ›

According to Section 104 of the IRS code, the same taxes apply to settlements awarded before a trial starts and compensation from a jury verdict. Typically, lawsuit settlements granted for physical injuries or sickness (such as mesothelioma) are exempt from taxes.

Financial Assistance for Mesothelioma Patients

Companies may be liable for injuries caused by exposing people to asbestos. Many companies knew about the dangers of asbestos and continued to put individuals at risk. Mesothelioma victims may be able to sue negligent companies and receive compensation.

Asbestos exposure.

Between 70% to 80% of people diagnosed with mesothelioma have been exposed to asbestos. Asbestos is a group of natural minerals found in the earth.

Sarcomatoid - a rare cellular subtype and is known as the most aggressive and least responsive to treatment. Biphasic (also called mixed type) - a combination of both epithelioid and sarcomatoid cells within one tumor.

The mesothelioma life expectancy without treatment for a late-stage patient is approximately six to eight months. Patients diagnosed with early stage mesothelioma may live one to two years. Factors such as the cancer's stage, treatment, cell type and the patient's overall health impact mesothelioma life expectancy.

The survival rate for mesothelioma cancer is 4-18 months after diagnosis. The five-year mesothelioma survival rate for pleural mesothelioma is nearly 10%. This means that one out of every 10 pleural mesothelioma patients survives for five years. Some patients have lived 10 years or more with treatment.

Social Security Disability Insurance (SSDI) may provide compensation benefits, such as monthly income, to eligible mesothelioma patients under age 65 who are unable to work because of their condition and have paid a sufficient amount of Social Security taxes, among other requirements.

If you're the surviving spouse of a Veteran, your monthly rate would start at $1,562.74. Then for each additional benefit you qualify for, you would add the amounts from the Added amounts table.

Nearly 3.9 million veterans (19.5%) received disability compensation payments, almost 1.5 million veterans (7.3%) received military retirement benefits and more than 600,000 veterans received pension payments.

Mesothelioma Survival Rate – The mesothelioma survival rates is typically 4–18 months after diagnosis, but there have been patients diagnosed with mesothelioma who have lived longer than 10 years. The current five-year survival rate for the disease is just 10 percent.

Can you sue the Navy for mesothelioma? ›

Other Benefits for Navy Veterans

Surviving family members may also be eligible to file a legal asbestos claim against those responsible for asbestos exposure, such as a mesothelioma lawsuit or asbestos trust fund. Along with financial benefits, the VA also offers healthcare benefits for Veterans.

A VA Survivors Pension offers monthly payments to qualified surviving spouses and unmarried dependent children of wartime Veterans who meet certain income and net worth limits set by Congress. Find out if you qualify and how to apply.

As a veteran's surviving spouse, child or parent, you may qualify for certain benefits, such as help with burial costs and compensation or pension. You may also qualify for health care, life insurance, or financial assistance to help pay for school or training.

If you're the surviving spouse, child, or parent of a service member who died in the line of duty, or the survivor of a Veteran who died from a service-related injury or illness, you may be able to get a tax-free monetary benefit called VA Dependency and Indemnity Compensation (VA DIC).

The VA disability 5 year rule allows the VA to ex-examine your VA disability rating within 5 years of your initial examination if your condition is expected to improve over time. However, the VA may still change your disability rating past the 5-year deadline if your condition has significantly improved.

TEN YEAR RULE -The VA 10 year rule means the VA cannot eliminate a rating that's been in place for 10 years or more. However, the rating can be reduced if medical evidence shows that the disability has improved.

As you might expect, it is difficult to obtain a 100% VA disability rating with just one service-connected disability. Most veterans who receive a 100% rating have two or more disabling conditions. Often, these conditions have a secondary service connection.