Filing a Direct Disability Claim for Non-cancerous Asbestos Related Conditions Not Covered by the Pact Act

From the 1930s to the early 1980s, more than 300 asbestos products were used on U.S. Navy ships. The toxic mineral was also present in submarines, military bases, and shipyards.

Given that the health risk associated with asbestos use wasn't public knowledge, most naval personnel were not required to wear protective masks or wet down asbestos-containing materials before handling them to help prevent fibers from going airborne.

Furthermore, asbestos dust was present every day during shipbuilding and maintenance, and the lack of enforcement of safety measures significantly increased the risk of asbestos exposure to service members. Consequently, many veterans may have been exposed without even realizing it. While the risk of inhaling or ingesting asbestos fibers existed across many areas in the military, those doing more hands-on jobs faced a much higher risk stemming from the nature of their assignments:

• Shipyard work - veterans who worked in Navy shipyards were routinely exposed to asbestos. Without knowledge of the health hazards, shipbuilders, repair crews, and dock workers handled asbestos materials like insulation, pipes, boilers, engines, and gaskets daily.
• Insulation work - asbestos insulation was used throughout Navy ships, especially in engine rooms, boiler rooms, and around pipes. Veterans who worked in maintenance or engineering had to cut, rip, remove, or install this insulation, usually in small, poorly ventilated spaces.
• Demolition of old buildings - those who served in construction units like the Seabees and were tearing down or renovating old Navy buildings may have been exposed to asbestos. The material was a component in walls, ceilings, and floors, and the workflow released harmful asbestos dust into the air.
• Carpentry and construction - service members who built or repaired Navy bases most likely worked with asbestos-containing materials like cement sheets, floor tiles, adhesives, and joint compounds.
• Products installation - Seabees and other Navy personnel who installed flooring, roofing, or worked on vehicle parts like brake pads regularly encountered asbestos. Moreover, anyone in ship repair, base construction, or equipment maintenance may have handled these products regularly.

Benign Asbestos Diseases, the PACT Act, and Disability Claims

Health conditions stemming from asbestos exposure can take decades to manifest, and the effects can be life-altering: veterans with in-service asbestos exposure may develop a variety of non-cancerous diseases and, ultimately, cancers as a result. Those who served on Navy ships before the 1980s and know they've been exposed to asbestos should know that asbestos-linked illnesses are not automatically covered under the PACT Act. It means that the VA will not automatically assume these illnesses are related to military service, and it becomes the veteran's responsibility to provide evidence showing the connection.

Even if service-connection isn't automatic, veterans have the right to file claims if they believe their illnesses are linked to asbestos exposure while serving. The VA will review each case individually and decide based on the evidence submitted. If they can prove a direct service connection, they can apply for disability benefits for the following benign diseases linked to asbestos exposure:

• Pulmonary fibrosis - is rated based on pulmonary function tests (PFTs), which measure how much air you can inhale and exhale, and how much oxygen can enter your lungs. The difficulty of breathing and its severity are also taken into account. If you're diagnosed with this disease, you can receive ratings of 10%, 30%, 60%, or 100%, depending on the severity of the condition.
• Asbestosis - even if Navy veterans are diagnosed with asbestosis or mesothelioma, which is directly linked to asbestos, they still need to demonstrate a connection between their asbestos exposure and their military service. Asbestosis is measured by forced vital capacity (FVC) and is rated based on how much oxygen you can get into your lungs and breathing difficulty. Potential ratings are 10%, 30%, 60%, or 100%, depending on the severity of symptoms and lung function impairment.
• Recurrent pneumonia - is measured by PFTs for lung capacity and breathing difficulty. Depending on the severity of symptoms and lung function impairment, it's rated under the VA's general respiratory condition codes.
• Emphysema - is rated based on the results of your PFTs and the severity of the breathing difficulty
• Rounded atelectasis - depending on its severity and impact on lung function, may be rated under the general category for respiratory diseases. Even if this disease does not have a specific diagnostic code under VA regulations, it would typically fall under the category of pleural diseases or restrictive lung diseases. The VA will assess the rate based on PFTs.
• Chronic bronchitis - s assessed by the VA based on PFTs and the severity of the breathing difficulty. It is rated under the Respiratory System category.
• Pleural plaques and effusions - are typically evaluated by their impact on lung function, which is assessed through imaging tests like chest X-rays or CT scans. If a pleural plaque or effusion is connected to a respiratory illness caused by asbestos exposure, the VA might consider its impact on lung function when rating.
• Pleural thickening - is rated based on PFTs under the Respiratory System category. It's rated between 0% and 100%, depending on how much the condition affects one's breathing and ability to perform daily activities.
• COPD - the VA can service-connect this disease if your doctor connects it to your asbestos exposure. It's rated using PFTs, and it's considered whether you need oxygen therapy.
• Lung nodules and spots - if they are non-cancerous and don't cause breathing problems, they may be rated 0%, service-connected, but no payment. If they impact breathing, they could be rated using PFTs. Pre-cancerous or cancerous nodules are rated much higher.
• Asthma - even if it's not recognized as linked to asbestos exposure, this disease qualifies veterans for claims if they had asthma diagnosed during service or it showed up soon after service. VA disability ratings are at 10%, 30%, 60%, or 100%, depending on your asthma symptoms' frequency, severity, and duration.

Before Filing a Disability Claim, Veterans Should Submit an Intent to File Form

The Intent to File form lets the VA know about a veteran's plan to file for disability and helps secure an earlier start date for the benefits. It's a necessary step when former service members need extra time to gather evidence. Moreover, if the disability claim is approved, the VA will pay benefits starting from the date of the Intent to File, not when the complete claim was filed. It can help veterans receive more payback.

Eligibility Criteria for VA Disability Compensation

The VA considers, from the start, that veterans diagnosed with almost any disease caused by military asbestos exposure have a certain level of disability and thereby qualify for financial benefits. However, to be eligible for VA disability compensation, former service members must have a service-connected disability rating of at least 10 percent. To meet this requirement, they must prove asbestos exposure during active duty, have been diagnosed with an asbestos-related illness, and have been discharged or released under conditions other than dishonorable. After all these conditions are met, the next step is the essential documents for asbestos VA claims, the paperwork:

• Form 21-526EZ - Application for Disability Compensation and Related Compensation Benefits.
• Service Treatment Records (STRs) - from active duty period, including doctor visits, injuries, illnesses, prescriptions, and any medical evaluations or treatments received while in service.
• Medical nexus letter - a doctor's statement explaining how the disease is likely linked to in-service asbestos exposure.
• Military service records confirming the veteran's job or specialty, such as ship logs, work orders, or maintenance records
• VA Form DD 214 - military discharge paperwork. Veterans can obtain a copy from the National Personnel Records Center if the original document is missing.
• Lay evidence to support the claim, which includes the veteran's asbestos exposure summary.

Lay evidence is a written testimony by applicants or someone who knows about their illness or related events. Anyone can provide lay evidence; the person doesn't need specific training or education. For instance, when filing a claim for an asbestos-related non-malignant disease like asbestosis, pleural plaques, emphysema, or pleural effusion, lay evidence could include:

• A buddy statement from a fellow service member who remembers you regularly working in spaces where asbestos dust was thick.
• A family member's statement describing your first symptoms after your service
• A detailed asbestos exposure summary that explains how the military job exposed you to asbestos. It should include specific places and periods when exposure likely occurred and describe the duties and tasks that involved handling asbestos products and their types.

All this information helps the VA understand how the veteran's service led to their illness. Having these documents strengthens the claim and increases the chances of receiving the earned benefits. It's vital to note that even if a Navy veteran is diagnosed with asbestosis or mesothelioma, which are directly linked to asbestos exposure, they still need to demonstrate a connection between their exposure and their military service. VA Form 21-526EZ can be filed:

• In-person at the local regional VA office
• By mail or fax
• Online

Once veterans receive an approved disability rating, they may qualify for VA health care and other benefits. If the claim is denied, former service members can request the VA to review the case again by appealing the decision through:

• Requesting a Higher-Level Review - ask a senior VA reviewer to reevaluate the claim.
• Filing a Supplemental Claim - submit new evidence to strengthen the case.
• Taking the case to the Board of Veterans' Appeals (BVA) - request a hearing before a Veterans Law Judge.

We Offer Assistance for Veterans in Filing for Asbestos Compensation

Non-cancerous asbestos diseases typically do not qualify for payments from private asbestos trust funds. However, veterans may still be eligible for tax-free monthly compensation through VA disability benefits.

When filing claims with the asbestos trust funds, they must meet the requirement that they were exposed when handling products produced by companies that set up a trust. Veterans can file for compensation if they have developed an asbestos-related cancer, can prove their in-service exposure, and have medical documents about the following malignancies:

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

If you're a veteran diagnosed with these diseases and wish to take legal steps, an attorney experienced in asbestos claims can help gather the necessary papers and represent your case. We can help you contact legal experts who are ready to take on your case.