Extending VA and Asbestos Trust Fund Benefits After a Veteran's Passing

Losing a loved one to an illness caused by asbestos exposure is not only heartbreaking, but it can also create financial hardships. For many families of veterans, grief often comes with the strong feeling that their loved one deserves justice for exposure to harmful materials during military service. Fortunately, the law provides a way for families to pursue that justice through legal claims and veterans' benefits.

After a veteran passes away from an asbestos-related cancer, surviving spouses, children, or other eligible family members may pursue compensation. It includes filing claims with asbestos trust funds set up by bankrupt companies that exposed service members to asbestos, a wrongful death lawsuit, as well as seeking VA benefits designed specifically for veterans and their families. Cancers caused by asbestos that qualify veterans to file claims:

• pharyngeal cancer
• colorectal cancer
• mesothelioma
• laryngeal cancer
• esophageal cancer
• urogenital cancer
• bronchial cancer
• lung cancer
• gastrointestinal cancer

Although VA disability claims typically end when a veteran dies, the VA allows a surviving family member to act as a substitute in some instances. It provides the family with the opportunity to pursue any retroactive payments, also known as "accrued benefits," that may have been owed to the veteran before their passing. These benefits can include back pay from a pending VA claim, which provides monthly payments to surviving spouses and dependents. Persons eligible for substitute claimants:

• surviving spouse
• dependent child or children - but they must be under age 18, or between 18 and 23 if they are attending school, or found to be helpless
• one or both surviving dependent parents

In most cases, the surviving spouse assumes the claim. Whichever party takes over the claim can receive the veteran's past-due benefits.

Stepping in as a Substitute for Pursuing Compensation

First on the to-do list is contacting the VA and informing them about the veteran's passing. It can be done by letter or by calling the VA's toll-free number at (800) 827-1000. Then, the person who wants to substitute must complete VA Form 21-0847, Request for Substitution of Claimant Upon Death of Claimant. However, filling out this form has a statute of limitations: it must be filed within one year of the veteran's death, meaning the VA must receive the form within one year. It's also important to know that the law does not allow a new disability claim to be filed after death. Also, it's vital information that the person who substitutes continues handling the claims, including filing timely appeals of any claims that were denied before the veteran's death. For instance, if a veteran receives a claim denial or is awarded benefits but at a lower rating, the person who substitutes must file a notice of disagreement within one year.

Family members who step in as substitutes should be aware that other decisions in the VA system must be appealed, and each type of appeal has a different deadline. It's the substitute's responsibility to meet the applicable deadline. Upon a veteran's death, the maximum period that benefits can be paid will be from the date the veteran applied for benefits through the date of their death.

Many are under the misconception that a veteran can get retroactive benefits until the time they leave service, but the law doesn't allow for retroactive pay. Moreover, the substitute claimant cannot collect continuing benefits but may qualify for Dependency and Indemnity Compensation.

Wrongful Death Claim and the Damages It Can Cover

Many veterans exposed to asbestos don't file for compensation during their lifetime, often because they're too ill or overwhelmed by the legal process. However, even if a veteran can't file a claim, their family members or dependents can file a wrongful death claim after they pass away. You may file a wrongful death asbestos claim if you are:

• immediate family members: mothers, fathers, sisters, brothers
• spouses and life partners
• children: biological, adopted, or step-children
• grandparents
• persons who were financially dependent on the deceased asbestos victim

The compensation from a wrongful death lawsuit should cover the damages experienced by the veteran throughout his life and the ones that have affected his family. Types of losses possibly covered by a wrongful death claim for the remaining family members:

• money they would have earned if they hadn't gotten sick
• medical bills and treatment costs for their asbestos illness
• funeral and burial costs

Other losses may also be compensated, such as the ones the family experiences after the veteran's death:

• help and support the veteran used to give, such as taking care of things around the house or offering assistance
• emotional loss: missing their company, comfort, and guidance

Family members of deceased veterans who intend to seek compensation will have to retrieve their military and medical records and send the documents to an attorney. Given that there's a time limit for filing wrongful death claims, it's vital to act promptly.

Compensation Through Asbestos Trust Funds

Family members of veterans who passed away due to asbestos exposure and didn't file a claim during their lifetime might be able to file asbestos trust fund claims if the loved one's death occurred from asbestos-related cancer. Trusts may ask for the following documentation:

• death certificate
• service records
• medical reports

While no amount of compensation can replace a loved one, securing VA and asbestos trust benefits can bring families financial relief and a sense of justice.

Please note that families can pursue both VA benefits and compensation from asbestos trust funds even after a veteran has passed away. Filing a claim with one or more asbestos trust funds does not alter the right to receive VA disability compensation or accrued benefits.

We Offer Immediate Assistance to Navy Veterans Injured by Asbestos Exposure

It's common knowledge today that the abundance of asbestos products in ships built before the 1980s exposed Navy personnel to an elevated risk of inhaling or ingesting asbestos fibers. Consequently, military asbestos exposure is at the root of many pulmonary diseases these veterans struggle with.

If you're diagnosed with asbestos-related cancer, you become eligible for compensation from the asbestos trust funds and the VA. However, navigating the process of seeking financial compensation is quite overwhelming, as it involves gathering documents, proving exposure, and meeting strict deadlines. It's a lot to deal with, especially after a loved one's loss.

With the right legal support, you won't have to figure it all out alone. We can connect you with the best legal specialist for your case, who will assist with the documentation and represent you during the process.