Three Paths to Compensation: VA Disability, VA Pension, and Asbestos Trusts Explained

For many Navy veterans, asbestos exposure wasn't just a possibility. It was part of daily life aboard ships built before 1980, which had asbestos insulation, piping, and engine components. Exposed veterans account for nearly a third of all mesothelioma cases in the United States and risked the most extensive asbestos exposure during military service.

Asbestos was banned and began to be removed from Navy ships toward the end of the 1980s once the health risks associated with it became more widely known. The Navy made significant efforts to remove asbestos entirely; however, the removal could not be immediately applied to all ships. For the vessels in active service, complete asbestos removal was a significant undertaking. Moreover, replacing asbestos was often impractical unless the ship was scheduled for major decommissioning or extensive renovations.

The asbestos removal process was gradual due to its slow, complex, and expensive nature, and not all ships underwent the complete process. Even in the late 1990s, some ships still contained the toxic mineral because not all of them were called to dry dock. It is why veterans who served on older vessels, even into the 1990s, may still have been exposed to asbestos. As a result, they were at a heightened risk of developing severe diseases linked to their asbestos exposure:

Military personnel diagnosed with these asbestos cancers may be eligible to file claims and receive benefits if they have proof of exposure and their medical records document any of the malignancies listed above. Understanding available financial support

Understanding Available Financial Support

Facing an asbestos-related illness is a scary prospect, and sorting out the financial implications can be overwhelming. Stress levels spike when diagnosed with any severe disease, and understanding what financial support is available may be difficult for some vets. A rule of thumb is that, depending on the diagnosis and if they meet certain conditions, they may be eligible for the following types of support:

VA disability benefits for service-connected conditions
VA pension for wartime veterans with limited income
Legal compensation through asbestos trust funds

It's essential to note that VA health care and financial compensation address basic needs, but they don't fully compensate for the whole extent of veterans' needs and losses, such as pain and suffering, which the trust fund can. However, there are some basics veterans need to know regarding applying for these three benefits at the same time:

Vets can receive VA disability benefits and legal compensation simultaneously, as these come from separate sources and don't affect each other.
However, they can only receive VA disability compensation benefits or VA pension benefits, not both simultaneously. If they qualify for both benefits, they will receive whichever benefit pays the higher monthly payment rate.
Note: while asbestos trust fund compensation doesn't impact VA disability benefits, it can affect VA pension benefits due to income considerations; the compensation received can raise the income above the qualifying threshold for the VA pension.

Even if VA disability compensation benefits and VA pension benefits are both types of monthly payments, that is where the similarities end.

VA Disability Compensation Benefits

The VA grants disability compensation benefits to recompense veterans for injuries and diseases incurred during or related to active duty service. It's a repayment for a former service member's loss of work capacity due to disabilities caused by active military service. However, veterans must meet specific eligibility criteria to access these payments:

Must have veteran status -the VA defines a veteran as an individual who served in the active military, air, naval, or space service.
Received a medical diagnosis of the cited disability.
Discharge or release from active duty was under conditions other than dishonorable.

The VA's rating decision will grant service connection for a veteran's disability and will also assign a rating to the cited disability based on the severity of the symptoms. If a former service member is service-connected for more than one disability, the VA will assign a combined disability rating. This combined rating determines the monthly payment rate. It's vital to note that the VA can reduce or increase a veteran's ratings over time as symptoms worsen or improve. Applying can happen:

online through the VA's official website https://www.va.gov/disability/file-disability-claim-form-21-526ez/introduction
in person at a VA regional office
by mail - send VA Form 21-526EZ (Application for Disability Compensation and Related Compensation Benefits) to the address typically provided on the form
with assistance from non-profit organizations, VSOs, or legal representatives

VA Pension

VA pension benefits are monthly payments for veterans who are unable to work due to health conditions unrelated to their active-duty service. The VA pension is a needs-based financial benefit only if a veteran's yearly income falls below a set amount and their total assets are under the VA's limit. Given that the VA's eligibility requirements are complex, some veterans may require assistance to determine their eligibility. Generally, to qualify, veterans must have:

served in a time of war at specific dates defined by the VA for the war at the Mexican Border, the World Wars, the Korean conflict, the Vietnam War, and the Gulf War.
a very low income or inability to work
a permanent and total disability

Veterans aged 65 or above are conclusively presumed to be permanently disabled for pension purposes. As of December 2024, the Maximum Annual Pension Rate (MAPR) for a veteran with no dependents is $16,037 per year, which equates to approximately $1,336 per month. If a veteran qualifies for the VA pension but is also receiving Social Security benefits amounting to $1,000 per month, the VA pension would only pay the difference between the MAPR and the other benefits. More information is available at https://www.va.gov/disability/compensation-rates/special-monthly-compensation-rates/. Applying for VA pension benefits can be done:

online through the VA's official website: www.va.gov/pension/how-to-apply.VA Benefits+2Veterans Affairs+2Veterans Affairs+2
by mailing VA Form 21P-527EZ (Application for Pension) to the address mentioned at VA Benefits
in person, by bringing the completed form to the nearest?VA regional office.
with assistance from a non-profit organization, VSOs, or legal representatives

Asbestos Trust Funds

These trust funds are a substantial source of compensation for victims of asbestos. Many companies that made or used asbestos went bankrupt after it was linked to serious illnesses. Once a company goes bankrupt, victims can no longer sue it.

To make sure veterans exposed to asbestos still get help, these companies were required to set up asbestos trust funds, special accounts that pay compensation to those who got sick from their products.

There are over 60 asbestos trust funds in the US, with billions of dollars in assets available to pay victims of asbestos diseases like lung cancer and mesothelioma. To file a claim with an asbestos trust fund, victims of asbestos exposure need to meet the following criteria:

exposure to asbestos occurred on the job or in the military
individuals have received a diagnosis that has a definitive causal relation with asbestos exposure
those harmed file claims within the statute of limitations

A trustee, rather than a court, reviews the claim, and the process is usually faster. If approved, the trust fund will begin making payments, typically within a few months. Trust fund payments are typically made in installments throughout one to several years. It's essential to note that this differs from ongoing benefits, such as Social Security or veterans' benefits.

Helping Navy Veterans to File for Compensation

If you're a veteran of the Navy, Marine Corps, Naval Air Force, Coast Guard, or Merchant Marine dealing with health problems from asbestos exposure or other service-related issues, it can be unclear what help is available. There are various types of benefits and compensation you may qualify for, so it's essential to explore all your options and not miss out on the support you deserve.

Seeking professional help from legal experts is the best approach, as they can assist you in understanding which benefits best fit your situation. We can help by connecting you with experienced asbestos attorneys who have successfully assisted thousands of veterans over the years.