Asbestos was used extensively throughout the military for decades, particularly in naval vessels, barracks, aircraft hangars, and military construction projects. Veterans who were exposed during service face elevated risk for a group of serious diseases that can take decades to develop. When those conditions appear, VA disability benefits may be available, but the claims process requires understanding how each condition is evaluated and rated.
The VA doesn’t have a specific presumptive list for asbestos-related diseases the way it does for Agent Orange or Gulf War conditions. That means each claim requires building evidence of both exposure and a medical connection between service and the diagnosed condition. Knowing what conditions qualify and how the VA rates each one is the starting point for a well-prepared claim.
Mesothelioma
Mesothelioma is a rare and aggressive cancer of the lining of the lungs, abdomen, or heart caused almost exclusively by asbestos exposure. It has a long latency period, typically 20 to 50 years between exposure and diagnosis, which means many veterans develop it long after separation.
The VA rates mesothelioma under Diagnostic Code 6819 for malignant neoplasms of the respiratory system. Active malignancies receive a 100% rating. After the end of treatment, the rating continues for six months, at which point the VA schedules a reexamination to determine residual disability.
Given the severity and prognosis of mesothelioma, veterans with this diagnosis may also qualify for Special Monthly Compensation if they require aid and attendance or have additional qualifying disabilities. Survivors of veterans who died from mesothelioma may be eligible for Dependency and Indemnity Compensation.
Asbestosis
Asbestosis is a chronic lung disease caused by scarring of lung tissue from inhaled asbestos fibers. It causes progressive shortness of breath, coughing, and reduced lung function. Unlike mesothelioma, asbestosis is not a cancer, but it can be permanently disabling and may increase the risk of lung cancer.
The VA evaluates asbestosis under the rating criteria for interstitial lung disease, using pulmonary function test results and the degree of respiratory impairment to assign a rating. Ratings range from 0% for asymptomatic cases to 100% for severe respiratory impairment with very low pulmonary function measurements.
Because asbestosis is progressive, veterans whose ratings were assigned years ago may be entitled to higher ratings as the condition worsens. Requesting a rating increase when symptoms have deteriorated is an important step many veterans miss.
Lung Cancer Associated With Asbestos Exposure
Asbestos exposure significantly increases the risk of lung cancer, particularly in veterans who also smoked. Lung cancer service connection through asbestos exposure can be challenging because the VA and its examiners sometimes attribute lung cancer primarily to smoking history, minimizing the contribution of asbestos exposure.
Establishing service connection for lung cancer linked to asbestos requires a medical opinion that addresses both the asbestos exposure and its causal role in the development of the cancer. A well-prepared nexus opinion from a physician who understands the medical literature on asbestos and lung cancer is often the deciding factor in these claims.
Active lung cancer receives a 100% rating. As with mesothelioma, the 100% rating continues for six months after the end of active treatment, followed by a reexamination for residual disability.
Pleural Disease
Asbestos exposure can cause several conditions affecting the pleura, the thin membrane surrounding the lungs. These include:
- Pleural plaques, which are areas of thickened tissue on the pleura. They are generally considered benign and don’t typically cause symptoms, but they document significant asbestos exposure and may support claims for other asbestos-related conditions.
- Pleural effusion, which involves fluid buildup around the lungs and can cause shortness of breath and chest pain.
- Diffuse pleural thickening, which involves more extensive scarring of the pleural surface and can significantly restrict breathing.
The VA evaluates pleural conditions based on their functional impact, particularly respiratory impairment as measured by pulmonary function testing. Veterans with diffuse pleural thickening that significantly restricts lung function may receive substantial ratings under the same criteria applied to asbestosis.
Laryngeal and Other Cancers
Research has established associations between asbestos exposure and certain cancers beyond the lungs, including laryngeal cancer and some gastrointestinal cancers. Service connection for these conditions follows the same framework as other asbestos-related claims, requiring exposure documentation and a medical nexus opinion.
A Durham VA asbestos lawyer at Glover Luck LLP works with veterans and their treating physicians to build the medical evidence that connects a specific diagnosis to asbestos exposure during service, covering each element the VA requires for a successful claim.
Getting the Rating Right
Even when service connection is established, asbestos-related conditions are sometimes rated lower than the medical evidence supports. Pulmonary function tests administered on a good day may not capture the full extent of respiratory impairment. Examiners who don’t specialize in pulmonary conditions may not fully appreciate the functional significance of the findings.
Glover Luck LLP helps veterans ensure their ratings reflect the actual severity of their asbestos-related conditions. If you have an asbestos-related disease connected to military service and want to understand what benefits are available, reach out to a Durham VA asbestos lawyer to discuss your specific diagnosis and what your claim should include.
