Mesothelioma VA Claims for Survivors

Types of VA Compensation for Survivors

VA claims for veterans with mesothelioma are split into two types: VA Disability Compensation (VADC) and VA Pension. Similarly, Dependency and Indemnity Compensation (DIC) and Survivors Pension are the two corresponding types of VA compensation available to survivors.

DIC is for surviving dependents of veterans who passed away from service-related mesothelioma, while Survivors Pension is for the surviving dependents of wartime veterans who passed away from non-service-related mesothelioma. Surviving dependents who qualify for DIC or Survivors Pension may qualify for additional compensation if they are in need of Aid & Attendance (A&A). Eligible dependents include surviving spouses, dependent children and parents. 

Around 1,000 veterans are diagnosed with mesothelioma each year. Many veterans pass away due to their cancer. This disease spreads and grows aggressively, with an average prognosis of 1-2 years. This means most veteran mesothelioma diagnoses result in survivors eligible for VA benefits.

VA Dependency and Indemnity Compensation for Mesothelioma

Dependency and Indemnity Compensation (DIC) is for survivors of veterans who have passed away due to a service-related condition. The VA determines whether a veteran’s mesothelioma is service-related by comparing the amount of asbestos exposure that occurred during active duty versus the veteran’s civilian career. At least 50% of the veteran’s occupational asbestos exposure must have occurred during military service.

The average amount of time to approve or reject a VA Dependency and Indemnity Compensation claim depends on whether the veteran was already service-connected for their mesothelioma. 

Veterans Already Receiving VA Disability Compensation for Mesothelioma

If a veteran has already filed and been approved for VA Disability Compensation (VADC) for their mesothelioma, then the surviving dependent need only submit a VA Form 21P-534EZ DIC Application form, along with a death certificate indicating mesothelioma was a contributing cause of death. In these cases, a decision is usually rendered in less than 60 days.

Veterans Not Already Receiving VA Disability Compensation (VADC) for Mesothelioma

If a veteran with mesothelioma didn’t file a claim for VA Disability Compensation before their death, then the spouse or dependent child will need to submit the following documentation to the VA:

• VA Form 21P-534EZ
• Copy of the veteran’s DD-214
• Copy of a marriage license or birth certificate (as applicable)
• Medical records proving the veteran had mesothelioma
• Copy of the death certificate showing mesothelioma as a cause of death
• Asbestos exposure summary

These claims take longer as the VA must determine if the veteran’s mesothelioma was service-related. Average decision times vary, but the national average is around 104 days.

Our VA-Accredited Claims Agent, retired Navy LCDR Carl Jewett, has helped hundreds of surviving spouses write their exposure summary letters. Contact him today for free assistance writing your exposure summary and applying for DIC.

How Much to Expect In Dependency and Indemnity Compensation for Mesothelioma

DIC is a tax-free benefit starting at $1,562.74 per month for surviving spouses. The amount may increase due to other variables and factors, such as whether the spouse has a dependent child. Each child younger than 18 adds $387.15 to the monthly DIC payment. These amounts reflect the December 1, 2022 update.

If you’re a surviving spouse with a dependent child, you’ll also receive an additional $332 per month for the first two years after the veteran’s death. This is called a transitional benefit.

Another variable is whether or not the surviving spouse qualifies for Aid and Attendance (A&A) or housebound benefits:

• Housebound adds $197.15 per month
• Aid and Attendance adds $387.15 per month

Example: You’re a surviving spouse with two dependent children, and you require Aid and Attendance benefits. Your compensation will be:

• $1,562.74 monthly foundation rate
• $387.15 for first child under age 18
• $387.15 for second child under age 18
• $387.15 for Aid and Attendance
• $332 transitional benefit for two years

This equates to $3,056.19 per month. After two years, the transitional benefit expires and reduces your monthly amount to $2,724.19.

In some cases, dependent children of unmarried veterans can qualify for DIC. A child under the age of 18 can receive DIC of $659.83 per month from the VA. A child aged 18-23 who is in a qualified school program can receive $327.99 per month.

There are other variables and scenarios where survivors can receive more than the base DIC payment. Speak with our on-staff VA claims agent to see if you qualify for compensation.

VA Survivors Pension for Mesothelioma

While DIC is for surviving dependents of veterans who developed a service-related disease, Survivors Pension helps the spouse or dependent children of wartime veterans who died from non-service-related mesothelioma.

Eligibility is based on whether the veteran served during a wartime period. Veterans usually must have served on active duty for at least 90 days, with at least one of those days during a period of war.

Wartime periods are defined as follows:

• World War II (December 7, 1941 to December 31, 1946)
• Korean War (June 27, 1950 to January 31, 1955)
• Vietnam War period (February 28, 1961 to May 7, 1975, for veterans who served in the Republic of Vietnam; August 5, 1964 to May 7, 1975 for veterans who served outside the Republic of Vietnam)
• Gulf War (August 2, 1990 through an undetermined future date)

*Note: A veteran does not need to have served in theater or in battle to be considered a wartime veteran. 

Survivors Pension is income-based, and your Maximum Annual Pension Rate (MAPR) will determine your monthly payment. Pension payments are calculated by subtracting your annual income from this amount, which determines your annual Survivors Pension. This amount is split into 12 monthly payments.

You are permitted to subtract a portion of your out-of-pocket medical expenses from your income, which increases your Survivors Pension payments. However, you may only subtract out-of-pocket medical expenses that exceed 5% of the applicable MAPR.

For example, if the applicable MAPR is $10,757, then you can only deduct from your income those medical expenses that exceed $537.85 per year. 

The length of time to process a VA Survivors Pension claim fluctuates. The VA says it processes claims in the order it receives them, but on average, it takes 2-4 months for the VA to render decisions on Survivors Pension claims.

How Much to Expect From VA Survivors Pension for Mesothelioma

The MAPR for Survivors Pension depends on the number of dependent children and whether the surviving spouse is eligible for Housebound or Aid and Attendance (A&A) benefits.

The VA website lists the Survivors Pension benefit rates — specifically the MAPR — for each specific circumstance, current as of December 1, 2022. 

The VA updates these amounts annually, so these figures are in effect until Nov. 30, 2023. If you have questions about your MAPR, contact our VA Accredited Claims Agent, retired LCDR Carl Jewett for assistance.

Each additional surviving dependent child adds $2,743 to the MAPR amount given to surviving spouses.

Example: You’re a surviving spouse with two dependent children, and you qualify for Aid & Attendance benefits. Your MAPR will be $23,252 based on:

• $20,509 for one dependent child and Aid & Attendance benefits
• $2,743 for an additional dependent child

If your income is $10,000 then you’ll receive $13,252 annually at a rate of $1,104.33 per month.

Unmarried dependent children can also receive VA Survivors Pension. The MAPR listed on the VA website is $2,743. In order to qualify as a dependent child, you must meet one of three criteria:

• Under age 18
• Under age 23 and attending a VA-approved school
• Unable to care for oneself due to a disability that occurred before age 18

Get Help Filing for DIC or Survivors Pension

You don’t have to file for VA benefits on your own. If you’re the surviving spouse or dependent child of a veteran who died due to mesothelioma, our veteran’s staff can help.

Our VA claims agent Carl Jewett can explain each step of the process and assist you in filling out all the paperwork. Even better, Carl will ensure that your claim includes all the necessary information to garner approval.  

Carl is a retired Navy veteran with more than 15 years of expertise helping survivors of deceased mesothelioma veterans. Contact him for free assistance in filing your DIC or Survivors Pension claim.