Veterans Stand to Gain from Asbestos Trusts and VA Benefits

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News Summary

Veterans Stand to Gain from Asbestos Trusts and VA Benefits

In an alarming reminder of the dangers associated with asbestos exposure, many veterans who served in the military prior to 1990 are finding themselves at significant risk of serious health issues, including the life-threatening disease known as mesothelioma. This reality is amplified by the disturbing fact that thousands of veterans may be unaware of the compensation options that exist to help them cope with the financial burdens associated with their illnesses.

The Dangerous Legacy of Asbestos in the Military

Asbestos was once a popular choice for military applications due to its remarkable heat-resistant properties and effectiveness as an insulator. Its use was rampant, especially in ships, barracks, and other military facilities. Unfortunately, the military’s inadequate handling of hazardous materials prior to the 1980s has contributed to widespread asbestos exposure among service members. Many veterans now face debilitating respiratory diseases as a result of that exposure, with conditions often arising several decades after initial contact.

Health professionals warn that many asbestosis and lung cancer cases do not manifest until between 7 to 40 years post-exposure. This lag can make it particularly harrowing for veterans who might dismiss symptoms as mere aging or unrelated illness, leading them to forgo necessary medical evaluations. It is critical for veterans to get periodic health check-ups, including chest X-rays and pulmonary function tests, to monitor for symptoms related to asbestos exposure.

A Financial Lifeline: Claims and Compensation

Veterans have the right to seek compensation from a variety of sources. They can file claims with the Veterans Administration (VA) for military service-connected disabilities. Additionally, they can pursue claims against asbestos trusts, which were established to compensate those affected by asbestos-related diseases. These trust funds currently hold more than $30 billion earmarked for victims needing financial help.

Unlike traditional lawsuits, claims against asbestos trusts are processed without adversarial litigation. Veterans are predominantly required to submit documentation relevant to their claims. The burden of proof is relatively light; they do not need to definitively prove that asbestos exposure was the sole cause of their illnesses but only that it was a contributing factor.

Eager claimants can present evidence by demonstrating that they served at sites known for asbestos usage. One prominent location is the Charleston Naval Shipyard, which appears on 15 separate asbestos trust lists.

Legal Framework and Recent Legislative Changes

The risks associated with asbestos have not gone unnoticed by lawmakers. The enactment of the PACT Act in 2022 has expanded eligibility for VA healthcare, allowing veterans exposed to hazardous materials during their service to receive necessary medical care. This act serves as a crucial lifeline for those suffering from ailments linked to asbestos exposure.

In South Carolina alone, by August 2022, close to 28,622 PACT Act claims had been approved, resulting in an impressive total of $148.2 million in benefits. Such figures point to a significant number of veterans taking steps to secure the compensation they are due.

The Silent Epidemic of Mesothelioma

Alarmingly, veterans account for a significant proportion of mesothelioma diagnoses. The link between military service and this deadly cancer cannot be overstated. Non-veterans such as civilian machinists who worked in close proximity to asbestos at military facilities can also pursue compensation, opening the door to even more claims.

Meanwhile, claims for injuries not directly related to cancer still average thousands of dollars, while amounts for claims tied to cancer can soar into six-figure sums. This financial assistance can be crucial for veterans facing mounting medical costs and the emotional toll of their diagnosed conditions.

Veterans are urged to stay informed about their rights and the avenues available for seeking compensation. Education and awareness can serve as the first line of defense against the silent killer that is asbestos, enabling those affected to reclaim their health and secure their financial future. The health implications of this previously ubiquitous material remain severe, but the rights to compensation offer hope for a better tomorrow.