Reviewed By
Retired LCDR Carl Jewett
VA-Accredited Claims Agent
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Important Facts About VA Disability Compensation
- To qualify for VA Disability Compensation, the veteran must prove their mesothelioma is service-connected.
- Veterans must prove their military asbestos exposure was equal to or more than their civilian asbestos exposure by submitting an asbestos exposure summary letter to the VA.
- Working with an experienced VA Claims Agent is the best way to file a claim with the VA. They will know all the required paperwork and supporting documentation, as well as confirm all forms are sufficient and ready for submission.
How to Qualify for Mesothelioma VA Disability Compensation
The U.S. Department of Veterans Affairs (VA) has one primary stipulation for approving Disability Compensation claims for mesothelioma. At least 50% of the veteran’s occupational asbestos exposure must have occurred during military service.
In other words, the veteran’s military asbestos exposure must be equal to or more significant than the veteran’s asbestos exposure in their civilian jobs, both before and after their military service. Therefore, it is insufficient to simply convince the VA that the veteran was exposed to asbestos in the military. If the veteran’s exposure to asbestos occurred primarily in their civilian jobs, then they may be eligible to file a VA Pension claim.
To convince the VA that your mesothelioma is service-connected, you must submit an exposure summary letter detailing your military and civilian occupational exposure history. This letter requires sufficient details about your military and civilian occupational exposures to asbestos so as to allow the VA to compare the two.
We recommend getting assistance writing your asbestos exposure letter for your VA disability claim. Our VA-Accredited Claims Agent, retired LCDR Carl Jewett has helped hundreds of veterans write their asbestos exposure summary letters. He can guide you through writing your letter and provide example letters written by other veterans with similar exposures. Carl’s assistance in filing your claim is 100% free of charge to veterans.
Eligibility Requirements for Filing a Mesothelioma Disability Claim
To be eligible for VA Disability Compensation, you must meet the following criteria:
- You served on active duty, active duty for training (ADT) or inactive duty training (IDT) and were exposed to asbestos while serving in uniform.
- You were not dishonorably discharged.
- You have been diagnosed with malignant pleural or peritoneal mesothelioma.
- Your civilian jobs – before and after the military – did not result in more asbestos exposure than the military.
How to File a VA Disability Claim for Mesothelioma
Filing a VA Disability Claim for mesothelioma can be difficult on your own. Depending on your situation, you may need to submit multiple VA forms and supporting documents.
We recommend getting free help from a VA-Accredited Claims Agent who can upload your claim and all supporting documentation directly to the VA. They’ll speed up the process by assisting in filling out forms and writing your exposure summary letter. By working with a VA agent, you can receive status updates for your claim and gain approval much faster than if you attempt to file a claim on your own.
The process for filing a Disability Compensation claim for mesothelioma is as follows:
Fill out the required VA forms
To file a claim, veterans need to fill out a VA Form 21-526EZ Disability Compensation form. If the Veteran is married or has any other dependents, they will need to fill out a VA Form 21-686c Dependency form. If the veteran is housebound or in need of regular Aid & Attendance (A&A), then the Veteran will also need to have their doctor fill out a VA Form 21-2680.
Gather supporting documentation
To submit a VA Disability Compensation claim, the veteran will need their DD-214, marriage license (if applicable), birth certificates (for any dependent children) and medical records related to the diagnostic testing (pathology report) and treatment of their mesothelioma.
Write an asbestos exposure summary letter
To convince the VA that the Veteran’s mesothelioma is service-related, the veteran will need to write a letter detailing their exposures to asbestos in the military and civilian jobs (before and after military service). The letter can be submitted on a VA Form 21-10210 or can be submitted as a letter, as long as the Veteran’s name, SSN and/or VA Claim Number (if applicable) is at the top of each page. Approval of the claim depends on whether the VA is convinced the Veteran’s military asbestos exposure was equal to or greater than their civilian occupational asbestos exposure.
Submit the claim packet to the VA
The claim packet can be submitted by the veteran, either online, by mail or by fax. However, we recommend the veteran seek the assistance of an experienced VA-Accredited Claims Agent to review the packet before submitting it. A VA Claims Agent will verify the required forms are filled out correctly, all supporting documentation has been assembled, and review the asbestos exposure summary to determine if it is sufficient to gain approval.
VA acknowledges receipt of the claim
The VA has 30 days after receiving the claim to provide a written response acknowledging receipt of the claim. The VA may request the veteran to provide additional evidence at this time.
VA obtains veteran’s military records
After the VA acknowledges receipt of the claim, they will request the veteran’s service and military medical record from the National Personnel Records Center in St. Louis, Missouri.
VA schedules a Compensation & Pension (C&P) Exam
Once the VA has reviewed the claim, they will schedule a Compensation & Pension (C&P) examination for the veteran. The VA determines if the veteran must undergo a physical exam at their local VA hospital or with a VA contractor. If the veteran has supplied all the medical records related to their mesothelioma and an asbestos exposure summary, a C&P exam is usually not required.
VA delivers a decision on the claim
According to the VA, the average time to process VA Disability Compensation claims is 122 days. If the claim is approved, the VA sends an approval letter and back pays the veteran for the time between the claim submission and approval. If the claim is denied, the VA sends a letter explaining the reason for denial along with a description of the appeal process.
How Much to Expect From a VA Disability Claim for Mesothelioma
The VA disability rating for mesothelioma is 100%, which means calculating your monthly payment is easy. You’ll receive the amount listed for whichever dependent description (spouse and children) best applies to you.
You may also qualify for Aid and Attendance (A&A) or Housebound benefits in addition to your Disability Compensation. The Housebound benefit is for veterans confined to their home as a result of their disability, while A&A is for veterans who need help performing daily tasks, such as bathing, dressing, using the bathroom, shaving, managing medications, and preparing their own meals.
Additional compensation is available if you qualify for VA Disability Compensation due to mesothelioma, and your spouse requires Aid and Attendance.
We’ve listed the most common dependent statuses and the corresponding VA Disability Compensation rates below. These amounts change (increase) every year to reflect cost-of-living increases. The current amounts are from the U.S. Department of Veterans Affairs website, which were last updated on December 1, 2022:
Dependent Status | 100% rating | Veteran is Housebound | Veteran Requires A&A |
---|---|---|---|
Single | $3,621.95 | $4,054.12 | $4,506.84 |
Married | $3,823.89 | $4,256.06 | $4,708.78 |
Single and one child | $3,757.00 | $4,189.17 | $4,641.89 |
Married and one child | $3,971.78 | $4,403.95 | $4,856.67 |
Dependent Status | 100% rating | Veteran is Housebound |
Veteran Requires A&A |
---|---|---|---|
Single | $3,621.95 | $4,054.12 | $4,506.84 |
Married | $3,823.89 | $4,256.06 | $4,708.78 |
Single and one child | $3,757.00 | $4,189.17 | $4,641.89 |
Married and one child | $3,971.78 | $4,403.95 | $4,856.67 |
Additional amounts:
For each addtional child
$100.34
For each additional child over 18 in a qualified school program
$324.12
Spouse requires A&A
$185.20
Note: These amounts are added to any of the above payment amounts
These amounts change (increase) every year to reflect cost-of-living increases. The most recent updates, for instance, increased the amount by around $289.
If your dependent status does not fit one of these descriptions, please reach out to our veteran’s assistance staff by calling 844-VET-MESO.
How a VA Claims Agent Can Speed Up the Process
After receiving your claim, the VA will perform an initial review to determine if they need additional evidence or supporting documents. The most important evidence contained in your claim is the pathology report from your biopsy and your asbestos exposure summary letter.
Our veteran’s assistance department can assist you with your disability claim, streamline the process, and help you in filling out all the required paperwork. We know exactly what information the VA needs, which allows us to file your claim for expedited processing, resulting in a decision from the VA in the shortest amount of time possible.
Your VA claims agent will help you gather evidence of your asbestos exposure and help you compile all the necessary supporting medical documentation. The intent is to convince the VA that your mesothelioma is primarily the result of your military service.
Our claims agent, 24-year Navy veteran Carl Jewett, can explain further and answer any questions. He has spent more than 15 years helping veterans file VA disability claims for mesothelioma, and he is able to get most claims approved in less than four months.
Frequently Asked Questions About VA Disability Compensation
Who Can File for Mesothelioma VA Disability Compensation?
Veterans with a service-connected mesothelioma diagnosis are eligible for VA Disability Compensation. Service-connected mesothelioma is defined as an asbestos cancer where at least half of the veteran’s occupational exposures occurred during their time in the service.
How Much Compensation Will I Get If My Mesothelioma VA Disability Claim Is Approved?
The minimum amount for VA Disability Compensation is $3,621.95 per month. The compensation is higher for veterans with dependents, such as a spouse or child, and those veterans who are Housebound or in need of Aid & Attendance (A&A).
Who Can File for Mesothelioma VA Disability Compensation?
Veterans with a service-connected mesothelioma diagnosis are eligible for VA Disability Compensation. Service-connected mesothelioma is defined as an asbestos cancer where at least half of the veteran’s occupational exposures occurred during their time in the service.
How Long Do VA Disability Claims Take for Mesothelioma?
According to the VA, the national average processing time for all disability claims is 122 days. For mesothelioma claims, veterans must go through a multi-step process that includes proving the disease is service-connected. However, there are ways to get your claim expedited. We are usually able to get mesothelioma disability claims approved in less than four months.
How Do You Prove Your Mesothelioma Is Service-Connected?
Proving you have a service-connected mesothelioma requires a written history of your asbestos exposures. Most veterans are unable to compile this evidence without the help of a VA claims agent. LCDR Carl Jewett has been helping veterans write their exposure summaries for over 15 years.
Sources & Author
- The VA claim process after you file your claim. U.S. Department of Veterans Affairs. Retrieved from: https://www.va.gov/disability/after-you-file-claim/. Accessed: 10/01/2020.
- How to file a VA disability claim. U.S. Department of Veterans Affairs. Retrieved from: https://www.va.gov/disability/how-to-file-claim/. Accessed: 10/01/2020.
- Eligibility for VA disability benefits. U.S. Department of Veterans Affairs. Retrieved from: https://www.va.gov/disability/eligibility/. Accessed: 10/01/2020.
- 2023 Veterans disability compensation rates. U.S. Department of Veterans Affairs. Retrieved from: https://www.va.gov/disability/compensation-rates/veteran-rates/. Accessed: 01/20/2023.
- VA Aid and Attendance benefits and Housebound allowance. U.S. Department of Veterans Affairs. Retrieved from: https://www.va.gov/pension/aid-attendance-housebound/. Accessed: 10/01/2020.