How Does the VA Disability Rating System Work?

Unlike other similar programs, the Veterans Administration uses a percentage scale to determine the degree of disability and, therefore, the amount of cash benefits. Subject to a few exceptions, a veteran who’s 20% disabled receives 20% benefits, and so on.

Asbestos-related disabilities, mostly lung diseases, are very common in sailors and other Naval personnel who served before 2000. Every ship in the fleet, from the smallest patrol boat to the largest aircraft carrier, was laced with asbestos from bow to stern if that ship was built before 1980. 

Recent procedural changes to the VA disability system, which were designed to speed up the claims process, haven’t helped much. Therefore, a nationwide asbestos lawyer is an important partner in this process. Usually, an attorney settles disability claims out of court. On average, these settlements are three times higher than non-attorney-negotiated settlements.

In VA lingo, a "disability" is basically a service-related illness or injury that substantially limits at least one daily activity, making it impossible for the veteran to engage in SGA (substantial gainful activity). Let's break these components down.

A nationwide asbestos lawyer often uses service records to establish the service-related connection. If Bill served aboard a destroyer that was built before 1980 and subsequently developed mesothelioma, there is probably a connection between the two.

If necessary, a lawyer often uses buddy statements to supplement the service records. Buddy statements offer more detail about the disabled servicemember’s day-to-day duties, such as working in a boiler room or other part of a ship that was packed with asbestos.

In the case of mesothelioma and other asbestos-related illnesses, the disability is usually an inability to breathe normally. Additionally, asbestos-exposure illnesses are usually fatal.

The SGA must pay enough to lift the veteran and any dependents above the poverty line. Additionally, this work must be performed in an unsheltered environment. If Bill works at a family business, his supervisor might allow him to skip work on bad days and give other accommodations unavailable elsewhere.

This step is not as straightforward as it seems. Usually, the VA orders a C&P (compensation and pension) medical examination. The doctor who performs this evaluation usually isn’t an oncologist (cancer doctor), pulmonologist (breathing doctor), or other such specialist. So, a C&P doctor may be unable to effectively assess residual function, a term that basically means tasks the victim can perform in spite of a disability.

So, a nationwide asbestos lawyer often orders independent medical examinations. A specialist usually reaches more accurate conclusions than a general practice C&P doctor.

A different kind of buddy statement, usually from a friend or family member, is often essential as well. Bill’s wife cannot weigh in on the service-related or medical aspects of Bill’s condition. But she can testify about how the illness affects Bill. This testimony usually raises the disability rating.

The onset date is significant as well. Many disabled veterans try to keep working and only file VA disability claims as a last resort. Therefore, the disability onset date could be months or years prior to the claim filing date. As a result, substantial back pay may be available.

Mesothelioma victims need and deserve significant compensation. For a confidential consultation with an experienced nationwide mesothelioma lawyer, contact the Throneberry Law Group. The sooner you reach out to us, the sooner we start working for you.