Degrees of Disability in a VA Disability Asbestos Exposure Case

Most asbestos exposure illnesses, like mesothelioma, are fatal. The five-year survival rate for this rare and aggressive form of heart-lung cancer is under five years. Tumors hide in the thick membranes of the mesothelium (the layer between the heart and lungs). Once these tumors mature, they spread quickly.

Other asbestos exposure illnesses, like pleural thickening, could be partially disabling. Asbestos fibers inflame this part of the lung. An inflamed pleural layer almost literally crushes the lungs. The extent of the damage varies considerably in different victims, especially if the victim did, or didn’t, smoke or have another lung disease risk factor.

Social Security Disability is all or nothing. These victims are disabled or not. However, the VA uses a rating system to determine the degree of disability and, therefore, the amount of cash compensation. A nationwide asbestos exposure lawyer can also obtain medical benefits for these victims. In many cases, since asbestos exposure illnesses are so severe, the medical benefits may be more valuable than the monthly cash.

Service-Related Connection

The rating system is irrelevant unless a nationwide asbestos exposure lawyer can establish a service-related connection. The burden of proof on this point is only as likely as not. So, a little evidence goes a long way, and the veteran always gets the benefit of the doubt.

Service records and a pre-1980 construction date, especially if the veteran was in the Navy, are usually sufficient.

The DoD removed most asbestos from most military facilities in the 1980s and 1990s. Deployment at any such facility before 1980 might be enough proof to establish a service-related connection. Many servicemembers also handled asbestos-laced products, like auto parts, at motor pools. As for the naval construction date, before 1980, asbestos was in any high-heat or potentially explosive area, such as a boiler room or an ammunition dump.

Buddy statements often supplement the service record. Colleagues testify about the servicemember’s daily activities.

Determining the Disability Rating

Usually, at a C&P (compensation & pension) medical examination, a VA doctor evaluates the servicemember’s medical condition and assigns a disability rating. This system is flawed on several levels.

C&P doctors look out for the interests of patients, but their paychecks come from the government. Most people are very hesitant to bite the hand that feeds them. So, in a borderline case, the VA doctor often promotes the VA’s interests.

Furthermore, mostly because of the influx of cases under the PACT Act, many VA doctors are now contractors. The VA pays these doctors but doesn’t control them. As a result, a doctor with a background in trauma injury evaluation might examine a pleural thickening patient. Results are usually inaccurate in these situations.

Additionally, a disability is not just a medical issue. Some injuries or illnesses disproportionately affect some people. For example, if a veteran is now a gym teacher, trouble breathing is a serious issue. However, if the veteran is now a high school teacher, trouble breathing isn’t as big of a deal.

Furthermore, injuries and illnesses interact. If a veteran has trouble breathing, the veteran might become inactive and gain weight. Obesity causes a host of health problems.

Count on a Tough-Minded Attorney

Mesothelioma victims need and deserve significant compensation. For a free consultation with an experienced nationwide mesothelioma lawyer, contact the Throneberry Law Group. We have offices in Arizona and six other states from coast to coast.

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