For many years, Hawaii was a stopover on the edge of nowhere. Then, a little over a year before Pearl Harbor, the 1940 Two-Ocean Navy Act expanded the U.S. fleet by over 70%. Hawaii soon became one of the largest U.S. Navy bases in the world. Unbeknownst to those lawmakers, since the asbestos cover-up was still in effect, this law also increased the potential number of asbestos exposure victims by more than 70%. Officials, who were very worried about onboard fires, ordered shipbuilders to use as much asbestos as possible during ship construction.
During the asbestos cover-up, manufacturers did not fully disclose the dangers of asbestos, and Navy officials did not ask too many questions. So, in terms of service-related asbestos exposure, there is plenty of fault to go around. To a nationwide asbestos lawyer, fault is irrelevant in a VA disability proceeding. The items that matter most are outlined below. Available VA disability benefits include monthly cash and free medical treatment at any VA facility.
Service-Related ConnectionAll ships built before 1980 contained asbestos. So, a pre-1980 service date is usually enough to obtain some benefits. The burden of proof (as likely as not) is very low in these cases. Asbestos was widely used for many years, so the exposure source could have been anywhere. However, as likely as not, the exposure source was a Navy ship.
Veterans who served in the Navy but hardly ever stepped aboard ship, like intelligence officers and office workers, could have been exposed to asbestos as well. These tiny fibers can float for as many as seventy-two hours before they come to rest.
Additional evidence helps a nationwide asbestos lawyer obtain additional benefits, mostly a higher disability rating. This evidence includes service in a high-asbestos area, such as a boiler room or ammunition storage area.
Buddy statements often supplement service records. The people a victim served with can testify about the victim’s daily interaction with asbestos in Navy ships.
Extent of DisabilityThe VA uses a percentage system (10% disabled, 505 disabled, etc.) to determine the amount of cash benefits. Therefore, the extent of disability and the date of disability, a related matter, are often the two biggest issues for a nationwide asbestos exposure lawyer.
Medical and vocational evidence establishes the extent of disability. “Disability” has a medical and vocational meaning. Disabled people cannot work due to a medical condition. You can’t obtain maximum benefits by focusing exclusively on one or the other.
Furthermore, many veterans are employed yet unemployable. Many veterans try to “tough it out” and work even though they Are disabled. Therefore, the disability date could be months or even years prior to the application date. Back pay is available in these cases.
The New va ProcessIn 2017, lawmakers overhauled the VA disability process in an attempt to move cases through the system faster.
Today, if you disagree with a VA benefit or claim decision, you can choose from three decision review options (Supplemental Claim, Higher-Level Review, or Board Appeal) to continue your case. If you are not satisfied with the results of the first option you choose, you can try another eligible option, usually supplemental review or Board appeal. If you disagree with a VA medical decision, you can request a Clinical Appeal.
Each option has pros and cons that applicants should discuss with a nationwide asbestos exposure lawyer who focuses on VA disability matters.
Work With a Detail-Oriented Asbestos Exposure LawyerMesothelioma victims need and deserve significant compensation. For a confidential consultation with an experienced nationwide mesothelioma lawyer, contact the Throneberry Law Group. Virtual, home, and hospital visits are available.
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