Filing a Mesothelioma Claim with the U.S. Department of Veteran Affairs
The U.S. Department of Veterans Affairs (VA) provides financial assistance, medical care and various other benefits to veterans of the United States. Essentially the VA was established:
"To care for him who shall have borne the battle and for his widow and his orphan..." - Abraham Lincoln.
The VA was formed to care for those who have provided an enormous service to their country.
History
The United States has the most extensive benefits system available to veterans of any country in the world. This system dates back to 1639 during the war of the Pilgrims of Plymouth Colony and the Pequot Indians when the pilgrims passed a law allowing disabled soldiers to be supported by the colony. The first domiciliary and medical facility for veterans was authorized by the Federal Government in 1811. The actual Veterans Administration was established in 1930 to create one consolidated entity for government activities involving veterans.
Benefits
Available To Veterans
A wide range of benefits and resources are available to veterans who were discharged under any condition other than a dishonorable discharge. The VA offers benefits such as:
- disability compensation
- pension, which is also available to surviving spouses and children
- educational assistance through the GI Bill
- vocational rehabilitation and employment assistance, which helps veterans prepare for, find and keep a suitable job
- a job search resource website called Vet Success
- dependants education assistance for a son, daughter or spouse
- survivor benefits
- home loan assistance through VA-guaranteed and VA-financial loans for foreclosed properties and assistance to homeless veterans
- life insurance since obtaining insurance from private companies can be difficult due to the extra risks involved in military service or service connected disabilities
- cemetery and burial assistance.
Online resources and brochures are also available providing information about research, education and training in suicide prevention and Post Traumatic Stress Disorder (PTSD).
Survivor
Benefits
A widow or widower is entitled to full benefits at the full retirement age of 65 years or reduced benefits as early as age 60. A disabled widow or widower is entitled to benefits as early as age 50. Also, a widow or widower at any age who is caring for the decedent's child under the age of 16 or a disabled widow or widower receiving Social Security Benefits are entitled to benefits. Benefits are available to unmarried children up to age 18, or age 19 if still attending high school full-time. Stepchildren, grandchildren or adopted children are eligible for benefits under certain circumstances. Also children who were disabled before the age of 22 who remain disabled are eligible. Dependent parents age 62 or older are also eligible for benefits.
Filing a Claim with The VA
Time limits exist to file a claim with the VA and these vary by state, but typically within 2 years of diagnosis a claim should be filed. The first step in the process is to fill out a VA Form 21-526, which can be requested by calling (888) 888-1136 or filling out the form. After signing a medical release, your private medical records are reviewed along with your application. The VA may request that you have a physical examination at a VA hospital, although some types of claims do not require this. Your claim will then be rated approximately 2 to 3 months after receiving your application. The rating determines if you will get paid, and if so how much, based on laws passed by Congress. Shortly thereafter, a decision will be made on your claim.
We
have a veteran specialist, Colonel Ted Frandsen, on staff to assist you with
filing your claim and with any other questions or concerns you may have.
COL. Frandsen served in the military for 28 years, with over 22 years on
Active Duty. He has received numerous awards for his achievements during
his service and is dedicated to helping other veterans who have been diagnosed
with mesothelioma. We also have a committed, caring staff available to assist
you.
COL Frandsen is a veteran who, can relate to what you are going through since being diagnosed with mesothelioma. His Uncle was diagnosed with mesothelioma due to asbestos exposure while serving in the navy. A close personal friend of his, an army veteran, is also fighting the disease. He understands the impact mesothelioma has on you and your loved ones because he has been impacted by it as well. "Sometimes as veterans we look back on our service and wonder if our contributions and sacrifices are still recognized or appreciated by those we served. Frequently this service has left us with permanent physical disabilities, emotional challenges, or even life threatening diseases. As a veteran with a VA disability, I understand this, and am committed to helping you get the compensation you deserve," says COL Frandsen. Allow COL Frandsen to be your advocate and navigate the best course of action for you during this difficult time in your life.
If you need help filing a claim with the VA, fill out the form or call us at (888) 888-1136. We have answered some questions that you may have about filing a claim for assistance with the VA.
- 91. How do I file a claim with the U.S. Department of Veteran Affairs (VA) regarding my mesothelioma diagnosis?
- There are time limits involved in filing a claim with the VA and they vary by state, but typically within 2 years of diagnosis, a claim should be filed. The first step in the process is to fill out a VA Form 21-526, which can be requested by calling (888) 888-1136 or by filling out a form on mesocare.org. After signing a medical release, your private medical records are reviewed along with your application. The VA may request that you have a physical examination at a VA hospital, although some types of claims do not require this. Your file will then be rated approximately 2 to 3 months after receiving your application. The rating determines if you will get paid and how much, based on laws passed by Congress. Shortly thereafter, a decision will be made on your claim.
- 92. Can someone help me to file my claim with the VA?
- We have a veteran specialist on staff to assist you with filing your claim and with any other questions or concerns you may have. Colonel Ted Frandsen served in the Army National Guard for 28 years, with over 22 years on Active Duty. He has received numerous awards for his achievements during his service and is dedicated to helping other veterans who have been diagnosed with mesothelioma. We also have a committed, caring staff available to assist you.
- 93. Are there any resources available to me to help with the financial burden of my mesothelioma diagnosis?
- Some standard benefits provided by the VHA (Veterans
Health Administration) are:
- immunizations, physical exams
- health care assessments
- screening tests
- educational health programs
- emergency outpatient care in VA facilities
- chiropractic care
- surgical (reconstructive/plastic surgery as a result of disease or trauma)
- mental health services
- bereavement counseling
- substance abuse counseling and treatment
- prescriptions and over-the-counter medications
- medical and surgical supplies
While your lawsuit is progressing, a claim can be made with the Department of Veterans Affairs to seek financial compensation. We have a trained staff on hand to assist you with filing a claim with the VA. Call (888) 888-1136
Filing A Lawsuit & The Importance of Legal Counsel
Filing a lawsuit is your first and foremost arsenal when diagnosed with mesothelioma. Our attorneys have extensive experience representing individuals just like you, who have gone through similar situations and who deserve to be compensated. Negligent companies which produce asbestos-laden products need to be held accountable for their actions. Below are answers to questions that you may have about filing a lawsuit for compensation. Contact us to get your claim started.
It is important to remember that the manufacturers of asbestos-containing products are to be held responsible for the damage caused to veterans. By filing a lawsuit for your asbestos exposure and resultant diagnosis, you are paving the way for others in the future to be protected from dangerous products.
A lawsuit can help recover money beyond what the VA provides for veterans. There are restrictions to benefits provided by the VA and sometimes veterans may not always be approved for benefits. Also, the VA only assists veterans with certain aspects of their treatment. There may be other treatments or services that are not covered by VA benefits.
It is also important to remember that both your legal and medical issues should be addressed as soon as possible because they are connected. A lawsuit is benefited significantly by allowing jurors to know about the medical treatments that the patient is going through during the legal process. Your medical care and lawsuit need to be handled and our attorneys take care of these legal aspect for you.
The lawsuit will not interfere with your medical care since our attorneys work with your schedule, go to your location and do what is most convenient for you. Their goal is to assist you with your situation as much as possible and not distract you from your medical care, which should be your top priority. Everyone on staff is trained to be sensitive to these types of issues.
Our law firm has an amazing track record, not because our attorneys are the most brilliant or eloquent but because we use a team approach and because some of the most caring and sensitive people in the world work here and have done for many years. There are no upfront costs to hire us to take your case. Our cases are handled on a contingency fee basis, meaning that we are paid a percentage of the total recovery. Most mesothelioma cases will settle because companies have seen past verdicts involving our law firm and are hesitant to take the cases to trial. Typically within 6 to 12 months you will receive full monetary compensation for your claim; however, partial compensation may be received within 4 months.
- 94. How can I obtain legal counsel?
- Please call (888) 888-1136 or complete the form to the right and we will send you legal information.
- 95. How much money will I receive if a lawyer takes my case?
- Each case varies considerably but the attorney will take into account all aspects of your case in order to ensure you are awarded the highest amount possible.
- 96. How much money will I have to pay to hire a lawyer?
- There are no upfront costs to hire us to take your case. Our cases are handled on a contingency fee basis, meaning that we are paid a percentage of the total recovery.
- 97. Will my case be settled or will I have to go to court?
- Very few companies take the cases to trial and are running to settle cases because they know what the jury verdicts look like at the end.
- 98. Will the lawsuit interfere with my medical care?
- The attorneys will work with your schedule, go to your location and do what is most convenient for you. Their goal is to assist you with your situation as much as possible and not distract you from your medical care, which should be your top priority. Everyone on staff is trained to be sensitive to these types of issues.
- 99. Why should I attempt to file a lawsuit if the VA already provides benefits to me?
- A lawsuit can help recover money beyond what the VA provides for veterans. There are limitations to the benefits provided by the VHA and sometimes veterans may not be approved. Also, the VA only assists veterans with certain aspects of their treatment. Other treatments or services may be available that are not covered by VA benefits. Your legal claim also makes it possible for negligent companies to be held accountable for their actions.
- 100. How long will it take to file a lawsuit from start to finish?
- For mesothelioma, it typically takes 6 to 12 months to receive full monetary compensation. However, partial compensation may be received after 4 months.
- 101. Should I take care of my medical issues before my legal issues?
- No, because both are connected to each other. The lawsuit is strengthened when jurors know about the medical treatments the patient is going through at the time. Both the medical care and lawsuit should be handled simultaneously and our attorneys will take care of the legal aspects for you.
Please complete the form for a FREE copy of "101 Questions & Answers about Veterans & Mesothelioma" PLUS some other beneficial resources or call 1 (888) 888-1136.
