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VA Assists Asbestos Claims
Legion News ~ July 2002

    The VA compensates veterans for disabilities related to diseases of injuries incurred or aggravated during a period of active military service. Asbestos is an insulating material that was widely used in aircraft, vehicle parts, military buildings and Navy ships. Up until the late 1970's, the health danger of asbestos exposure was not officially recognized by the Department of Defense.

    Recent medical studies have highlighted the long-term, potential risk of developing asbestosis, a restrictive lung disease, or mesothelioma, an asbestos- related form of lung cancer, even with a short period of exposure. The latency period for these diseases can be 10 to 40 years or more.

    Veterans and their families need to know they have the right to seek VA compensation for asbestos-related disabilities or death. In any such claim, three things must eventually be established: a diagnosis of a current medical condition, such as asbestosis; evidence showing the veteran's military duties or activities would have involved possible exposure to asbestos; and finally, a medical opinion linking the current diagnosis to the history of in-service exposure.

    Because of the complexities of the VA claims process, it is imperative that veterans and their families also know where to go for direct, personal assistance before taking any action. The American Legion has a nationwide network of professional department service officers, or DSOs, located in each of the 58 VA regional offices, including Puerto Rico and the Philippines. Service is free and does not require Legion membership. DSOs can answer questions about VA benefits and act as the claimant's representative by providing advice and assistance in developing evidence needed to decide claims. This representation continues if there is an appeal to the Board of Veterans Appeals. In an appeal to the U. S. Court of Appeals for Veterans Claims, the claimant can hire an attorney or apply for free legal representation through the Veterans Pro Bono Consortium, of which The American Legion is a member.

    VA now uses a 1979 Navy study of all naval rates and their potential risk of asbestos exposure to decide claims of Navy veterans. It showed asbestos exposure was not limited to rates such as boiler tender or fire fighter but included those working on aircraft, construction and communications. However, for veterans of other service branches, sufficient evidence of possible exposure to asbestos is hard to find. This is where the experience and the expertise of DSOs can make a difference. They can do research through the Department of Defense or VA information about the duties of the various military occupational specialties and the possibility of asbestos exposure.

    In addition to seeking VA compensation, veterans with an asbestos-related disease, or their survivors, can file legal suits against the asbestos companies. Such action requires the services of an attorney. Anyone wishing to pursue this type of claim should contact his or her local Bar Association for a list of attorneys specializing in asbestos litigation.

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